How much is your ICBC claim worth?

I have this conversation with all my clients at some point.  Over the years I have found it useful to step back and look at the big picture.  I now give the big picture perspective to all my clients before I get into the details of their particular case.

Here is the way I see it.

Your injury claim is different from your injuries.  Your injuries are based in reality and are what you are going through.  Your injury claim is an asset; just like it is a liability for the insurance company.

The value of the asset is basically what the insurance company is prepared to give you for your asset or your alternative to a negotiated settlement...in British Columbia that is trial.

Regardless of whether it is the insurance company or a trial judge, the asset is valued is based on the evidence on your file.  If there is no evidence, then neither the insurance company nor the trial judge is going to put money towards that part of your asset (injury claim).

At this stage I usually interject with an anecdote:

I have represented a number of women who were injured in a car accident during their pregnancy.  A number of the women have gone on to have a successful, but a premature birth.  In my mind and in my client's mind the premature birth was caused by the accident.  I have however talked with numerous specialist (even a running partner when I was training for a marathon) who have explained that there are just too many potential causes of a premature birth that they would not be prepared to give an opinion for my client.

Without the proof, how could the insurance company or a judge put any money towards that aspect of the injury claim.

So, your subjective experience of what your claim is worth based on how much you suffered is a very, very poor measure of what your injury claim is worth.