Personal Injury Damages
I got injured in an accident. What’s my claim worth?
The answer depends on two things: fault and damages. If you can prove the
other person caused the accident, then you will be entitled to damages. But
Again, it depends. There are different types of damages that may comprise a
personal injury claim. Some are valued quantitatively: i.e., on the
approximate monetary value of the loss (such as the income you couldn’t earn
as a result of your inability to work post-accident). Others are valued by
qualitative factors and what courts in previous cases have awarded in
similar circumstances. Here’s a summary of some common types of damages.
Wage loss. If the accident causes you to be unable to work for some time,
and thus suffer a loss of income, then you can claim for your net wage loss.
You can also claim for future wage loss if you can prove that your
accident-related injuries might harm your ability to earn income down the
Lost housekeeping capacity and in-trust claims. You may have a claim if
your accident-related injuries prevent you from taking care of household
chores (such as doing laundry or shopping for groceries), or if someone has
to take special care of you because your injuries prevent you from caring
Special damages. These are any out-of-pocket expenses you incur as a result
of the accident or your injuries from it. Examples include taxi fare from
having to take a cab home from the accident scene, user fees for medical
treatment, or bus tickets because the accident prevented you from driving
yourself around town.
Future cost of care. If your injuries are going to require you to seek
specific medical care or treatment into the future, then you can claim for
General damages. Also known as “non-pecuniary damages,” this is the most
common basis for getting paid in a personal injury claim. This is money
intended to compensate you for your pain, suffering, and loss of enjoyment
of life. There is no mathematical basis for calculating this number. Every
case is different, and valuing the measure of general damages requires an
analysis of many factors, including your age, the severity and duration of
your injuries (both physical and mental), and whether the accident causes
any disability. Your previous lifestyle is also relevant: if your injuries
impair your ability to enjoy recreational or social activities, or your
personal relationships with friends, family, or significant others, then
that will inform your general damages claim.
Note that damages can be hard to assess. When fighting over damages at
trial, the plaintiff’s lawyer argues why his or her client should be
entitled to the highest possible amount of damages, while the defendant’s
lawyer argues why the plaintiff should only get a fraction of that amount.
The defence may also argue why some damages shouldn’t be awarded at all.
The court then decides what to award.
If you negotiate with ICBC, expect them to pay you something for your
losses. But don’t expect the adjusters to assess the damages with your best
interests in mind. It’s not their job.
For advice on what heads of damages you might be entitled to after an
accident, call Filkow Law for an initial consultation.
January 7, 2018 By Kevin Filkow