Fair Compensation For Your Injuries

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 private disability benefits or employment insurance benefits that you pay for on your own.

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.