ICBC works closely with the Canadian court system. That same system demands existence of a litigation Guardian, when a child needs representation. Moreover, a Guardian cannot start a court case for a minor without the presence of a lawyer.
Procedure to be used by child with ICBC claim:
Once negotiators have reached a settlement, regarding the child’s claim, the Office of Public Guardian and Trustee must approve the same settlement. The funds promised to the child then get handed over to a 19-year-old youth, who is the child-turned-adult.
The Trustee’s function:
The Trustee makes sure that when a child has a claim, that same child does not get taken advantage of by the insurance company. The government seeks to ensure the child’s ability to obtain a fair settlement. It should be one that takes into consideration the child’s future needs.
The method used for settling a case depends on the nature of the damages.
If compensation for the damages exceeds 50K, then the Judge of the Supreme Court of British Columbia must approve the settlement. In the absence of such approval, then the court seeks further evidence of the child’s recovery and his or her prospects for the future. Meanwhile, a Personal Injury Lawyer in Dartmouth must help with checking all aspects of the child’s injury.
If ICBC fails to provide properly for the injuries that have been sustained by the child, a trial may be scheduled. The scheduling of such a proceeding underscores the continuing need for a lawyer, whenever a minor has filed a claim.
Sometimes the interests of ICBC do not match with the interests of the adults that are protecting a given child.
Sometimes a Guardian will seek to delay a settlement, because to do so is in the interests of the guarded child. Still, if ICBC’s timetable pushes that same Commission (ICBC) to file a Notice to Proceed, with respect to a child’s case, then the respective Guardian can no longer delay a settlement. In such a situation, a lawyer’s assistance can provide a Guardian with some beneficial support.
The lawyer’s support for any effort to block a Notice to Proceed normally works in the child’s favor. The symptoms of a latent injury may have gone unnoticed up that that point in time. A delay in the proceedings increases the chances that the unnoticed symptoms will eventually become quite apparent. That change would force the ICBC to compensate for the more serious injury.
Remember that one of the ICBC’s functions is to minimize the costs of its operations. It can do that by pushing for an early settlement. Consequently, there are bound to be times when ICBC’s interests do not match with those of a specific litigation Guardian.