Compensation for Personal Injuries When It Is Someone Else's Fault

When you are injured and it is someone else's fault, you are entitled to compensation. Lawyers and adjusters use certain terms to describe the different kinds of compensation available.

What am I entitled to?

If someone else is at fault for the accident, you may be entitled to claim some or all of the following damages. These are in addition to your "no fault" benefits provided by ICBC.

Non Pecuniary Loss

This is often referred to as "pain and suffering". It compensates you for your pain, suffering, loss of enjoyment and the disruption to the enjoyment of life of you and your family caused by the accident.

The damages for this loss vary depending on the type of injuries sustained, treatment required or if surgery is necessary. The amount will vary depending on the impact of the accident on your social life, your emotional well being, your domestic activities , your employment and recreational activities.

Past Wage Loss

The damages for this loss depend on whether your accident occurred before or after June 17, 1997.

If your accident occurred before June 17, 1997, you may claim your gross wage loss from the date of the accident until your return to work or the trial or settlement date. Generally, this amount is not reduced by any disability benefits or employment insurance benefits which you receive.

If your accident occurred after June 17,1997, you may claim your net wage loss from the date of the accident until you return to work or the trial or settlement date. In most cases, the amount you receive for disability by or employment insurance benefits are not deducted from your claim

You may also claim for job opportunities, promotions, or other cash jobs you lost due to the accident.

Self-employment income is also claimable.

The deductibility of insurance disability benefits, employment insurance benefits or CPP benefits will vary with the facts of each case.

Future Wage Loss

If you have a permanent disability or ongoing medical problems resulting from the accident, you may claim for potential income losses in the future, losses of employment opportunity, or diminished capacity to earn an income. Experts in various fields (for example - economics, vocational rehabilitation, occupational therapy) are often used to prove these types of claims. We utilize experts in all fields to assist in presenting your claim. The damages available for these losses may apply even if you return to your pre-accident employment.

Cost of Care

You may claim for the expenses incurred before the settlement of your claim as well as the anticipated expenses you may incur in the future resulting from the accident. These expenses include chiropractic treatment, physiotherapy treatment, massage therapy treatment, medications or home care and household assistance.

Special Damages

You may claim for the out of pocket expenses you incur as a result of the accident. Receipts are typically required to document your expenses.

Additional Claims

There may be other claims available to you for losses resulting from the accident. These will depend on the severity of your injuries and the circumstances of your case. By consulting a lawyer experienced in personal injury matters, you will insure that all claims available to you are presented.

"No Fault" Benefits

Even if you are at fault for an accident, your insurance with ICBC may entitle you to medical, rehabilitation, disability, homemaker, funeral or death benefits. It is important that you consult with an experienced lawyer to insure you receive all benefits to which you are entitled.

Trust Claims

In certain cases you may be entitled to a claim on behalf of people who rendered you assistance while you were injured. For instance, a spouse may be entitled to claim for the hours spent doing specific tasks such as nursing or other assistance while you were injured. These claims are somewhat limited and may be difficult to prove.

Taxable Costs and Disbursements

If you retain a lawyer and are successful you are entitled to claim for the disbursements incurred to prove your claim and a portion of your legal bill. The taxable costs will indemnify you partially for the cost of retaining a lawyer and are over and above the settlement amount for your injuries. As a general rule, the courts attempt to reimburse a successful claimant for 30% to 50% of your legal bills. This will reduce the amount your lawyer actually costs you.

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