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Practice Areas – Personal Injury/ICBC

At Neaman & Company, we provide services related to all aspects of a personal injury lawsuit in and around the Vancouver region. We also take cases from anywhere in B.C.

The following is a list of cases we typically handle:

– ICBC Cases

– Slip & Falls

– Medical Malpractice

– Product Liability

We have been handling personal injury cases for many years with excellent results.  At the law firm of Neaman and Company we take pride in our ICBC services that are delivered professionally and with confidence.  During our initial consultation we will discuss your case with you to determine the best strategy to ensure the best possible outcome.

What experience do we have handling ICBC and other personal injury claims?

We have many years of experience handling ICBC claims. We have handled a wide variety of claims from traumatic brain injuries to less serious cases. Our lead lawyer, Noah Neaman, has been practicing law for over 25 years. He has run Supreme Court trials, settled numerous cases through mediation and through lawyer negotiations. Most of our claims involve injuries arising from car accidents. However, we also have been retained to handle slip and fall cases, sports accidents, product liability and medical malpractice cases. We work hard to ensure the best possible financial outcome for our clients.

How do our fees work?

We do not charge to meet with you and provide you with an initial consultation. If we agree to take your case, we work on a contingency basis. We only work on contingency plans for ICBC cases. This means that our fees will only be payable when your case is settled or a judgment is awarded. At Neaman & Company, we pay for most of your disbursements including medical and other expert reports. We claim the cost of those reports from the insurance company upon settlement/judgment.

Should you get a lawyer for your case?

Yes! Providing your case is not designated as a “minor injury” under the ICBC legislation. “Minor injuries” have a cap and only get very limited compensation for pain and suffering. Noah Neaman can review your case with you for no charge to determine if it falls under the minor injury category.


If your case does not fall into the minor injury category then it is important to retain a lawyer. Insurance companies such as ICBC try, in general, to pay out as little as possible on a claim. That means that they attempt to settle with you for as little as possible. In most cases, it is highly advised that you retain a lawyer to represent you with your claim. Even after you pay the percentage fee to your lawyer, you are often much better off than representing yourself. At Neaman & Company we pride ourselves in going the distance to ensure that our clients receive the maximum for which the are entitled.

What do we do to ensure that you receive the full amount you deserve for your injuries?

We obtain a number of expert reports for the majority of our cases. In addition to doctor reports, we obtain specialist doctor reports (e.g., orthopedic reports), physical capacity evaluation reports, future cost of care reports, economist reports, accident reconstruction reports, engineer reports etc. We pay for these reports and ask the insurance company / ICBC for reimbursement upon settlement/judgment.


These reports are enormously useful in supporting your ICBC claim. As a general rule, the more reports you have for your claim, the more you receive monetarily. ¹ In addition to securing reports for you, we work closely with you to ensure that everything possible is being done to ensure that your claim is fully prosecuted. At Neaman & Company, we have a long tradition of vigorously advocating your ICBC claim.


¹ Of course, this depends on the merit of many things including the expert’s credentials, the type of report, the helpfulness 

How are my damages calculated for my injuries?

Damages can be divided into various categories.  They generally fall into four categories:

1) Pain and Suffering

This head of damage is awarded for pain and suffering and loss of enjoyment of life. It is the most common type of damage for an ICBC claim.  The current limit on pain, suffering and loss of enjoyment of life is $340,000.


2) Damages for Past Loss of Income

In cases with solid documentation, you are entitled to recover the past loss of income caused by the injuries.  This is normally calculated from the date of injury to the date of trial or settlement.


The total amount of past loss of income, however, is not always recoverable. An ICBC claim for past loss of income must be reduced to net income loss due to the operation of the Insurance (Vehicle) Act if injuries were caused by the actions of an “owner, operator or passenger or other individual whose acts or omissions at the scene of the accident are alleged to have resulted in an accident, or each person vicariously liable for such individuals.”


3) Loss of Future Income / Earning

If you endure lasting injuries and limitations due to your accident, you may be able to claim for loss of future income/capacity. There must be a real and substantial possibility that you will lose income after the settlement or judgment. This is a very complicated area of law and needs to be supported by expert reports. It can also be very lucrative.


4) Cost of Future Care

This head of damage relates to compensation for future care to provide physical arrangements for assistance, equipment, and facilities and medications directly related to the injuries. This includes costs for home-care services such as cleaning and cooking if the injured person is unable to perform these tasks by themselves due to accident related limitations. This head of damage requires an expert report to support the claim. ICBC will cover the cost of this report in cases justifying its preparation.

Should I see a doctor after the accident?

Yes! It is important to see a doctor as soon as possible after the accident. If you are seriously injured you should go to the hospital immediately. In other cases you should see your family doctor as soon as possible (or go to a walk in clinic if your doctor is not available.) There are a number of walk-in clinics in the Vancouver region.

What sort of things should I do to ensure that my claim is not compromised?

Visit your doctor.  The most important thing you should do is visit your doctor as much as possible for the first month or so after the accident. Frequent visits thereafter are important too. This is important for two reasons –

  • you need to keep your doctor advised of your injuries and any problems that arise; and
  • frequent doctor visits indicate to the insurance company that you have a significant injury (assuming the injury is significant). This will help you when it comes time to settle or go to trial – ICBC is more inclined to settle for more if they see that your injuries warranted frequent doctor visits. ICBC will often take note of a claimant that is not seeing their doctor at regular intervals. At trial a judge will also look at frequency of doctor visits to determine the seriousness of the injuries.


Keep a journal – it is important to keep a written account of how your injuries are progressing.  You should take more notes at the beginning of the injury when things are more volatile.


Keep receipts for out of pocket expenses.

You should keep all receipts for any expenses you incur including user fees, taxi rides, medication etc. A claim will be made as part of your lawsuit against the insurer/ICBC.

What are “no fault benefits”?

Even if you are wholly responsible for an accident, you may be entitled to certain no-fault benefits. These ICBC “Part-7 benefits” include medical and rehabilitation benefits, wage loss benefits for total disability and death benefits. ICBC Part 7 benefits are available to anyone injured or killed in a motor vehicle accident in BC, or a BC resident injured or killed in a motor vehicle accident.

What “no fault benefits” might I be entitled to?
Medical Benefits

ICBC Part 7 benefits cover expenses such as chiropractic treatment, massage therapy, physiotherapy, travel to and from medical appointments, the costs of medications and other rehabilitation expenses. The full amounts of these treatments are not always covered under Part 7. User fees often must be paid by you and then your lawyer can claim them in the lawsuit.

Wage Loss Benefits

In some cases you may be entitled to monthly wage loss benefits if you cannot work as a result of an accident.  The amount of these benefits will be the lesser of $300 per week or 75% of an insured’s average gross weekly earnings. ICBC will demand a number of documents to support your employment status, along with a doctor’s support.

Disability (Homemaker) Benefits

If you are a homemaker and are disabled due to accident related injuries, you are entitled up to weekly compensation during your period of disability. ICBC will require medical evidence to support your application for these disability benefits.

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