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McComb Witten Marcoux

When Should You Start a Lawsuit Following Your Vancouver Car Accident?

Jeffrey S. Witten, B.A., LL.B.
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Personal Injury Lawyer at McComb Witten Marcoux

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When's the best time to start a lawsuit following your Vancouver car accident?

The first thing you need to understand is that you have TWO YEARS years following your accident within which to either settle your case or start your lawsuit.

Should you wait until just before the two year deadline ( limitation is the legal term) to file your lawsuit?

It all depends on the circumstances of your case.

If your injuries and losses are fairly minor (the type that usually resolve well in advance of the two year limitation) often filing a lawsuit isn't  necessary in order to get you fair compensation.

That being said, if your injuries are continuing to bother you after 14 - 16 months its usually wise to file a lawsuit. That way you can see how things progess while at the same time keeping your options open.

If you've suffered injuries that are moderate or severe in nature ( fractures, serious whiplash, brain injury, spinal cord injury etc.) often it's  advantagous  to file a lawsuit sooner rather than later.


Well, often it's two or three years from the date you file your lawsuit to the date your trial is scheduled to commence.

And while you might very well end up settling your case with ICBC, proximity to your trial date is often a key driver went it comes to getting a fair settlement.


Well, like in every aspect of life, deadlines focus the mind.

And in addition, ICBC is in a better financial position to "wait it out" than most injured people.

So in some circumstances a looming trial date is what's required to jumpstart serious settlement negotiations.

The bottomline is, when it comes to ICBC injury claims, there are often a number of  strategic factors which need to be considered when it comes to determining when's the best time to file a lawsuit.

Want to discuss when might be the best time to file a lawsuit in your ICBC injury claim?

Call me at 604-255-9018 or fire me off an e-mail - [email protected]

Jeff Witten



Category: Motorcycle Accidents


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