Can I Get a Settlement for a Car Accident?
If you were injured in a car accident, you could receive a settlement from the ICBC. However, the amount of your settlement depends on various factors, including your degree of responsibility for the crash. Another critical factor is whether you have legal representation— at Preszler Injury Lawyers, we know the many types of damages recoverable. Most laypeople simply do not have this knowledge and are likely to receive a lower settlement than someone who does have counsel.
As with any insurance company, the ICBC wants to settle claims for as little as possible. We are an ICBC law firm, and we can negotiate with them, so you receive the maximum compensation you deserve. If another driver caused the collision because of their negligence, you also might be able to file a tort claim against that individual.
Settlement damages
Damages, or compensation, in a car accident lawsuit, may include:
- Medical expenses, current and future
- Vehicle repairs or replacement
- Out-of-pocket accident-related costs
- Lost wages
- Lost future earning capacity
- Loss of housekeeping ability
- Pain and suffering
Settlement factors
No two accidents are alike, so you cannot compare your potential settlement with the amount someone you know may have received. Many factors go into determining a reasonable settlement amount. These include:
- Age
- Injury severity
- Injury duration
- Occupation
- Length of time off work
- Proper damage mitigation with ICBC
- Any contributory negligence
- Partial accident liability
- Health status
- Life enjoyment loss
- Future care needs
It makes sense that a badly injured person who was unable to work for a long time might receive a larger settlement than someone with less severe injuries. The nature of the work is another vital factor– because a similar injury can mean one person may need a long time before they recuperate sufficiently to return to work, while another might start working again much sooner.
For example, someone whose job requires a lot of physical labour may not receive medical clearance for months, while a person working in an office might go back within a few weeks.
Much also depends on the type of injury. Someone with a soft tissue injury, such as whiplash, may find themselves in too much pain to sit at a desk and work at a computer all day. Further, an accident victim with psychological issues, or a pre-existing condition such as PTSD exacerbated by the crash– may prove at higher risk for pain and suffering.
When someone becomes permanently disabled because of a car crash, the need for future care may constitute the majority of the settlement. The person may no longer have the ability to live independently or require assistance for all their needs. These situations often involve spinal cord damage, traumatic brain injury, or burns.
Those recovering from a car accident often depend on relatives and friends for some of their care. If a relative or friend provides a significant amount of care, even if they are not paid for it, they may receive “in trust” damages. To receive this award, the person must prove that they had a direct economic loss because of the time and effort put into care, or they replaced a paid worker. The latter might include performing housekeeping chores for the injured person, who otherwise would have had to hire someone for these tasks.
Contact a Vancouver ICBC lawyer
If you or someone you know were seriously injured in a car accident, contact a personal injury lawyer at our firm– to arrange a free consultation. We will review your claim and let you know your options when it comes to possible settlement damages.
As a rule, it is best to settle a claim after recovery is complete, or the person has recovered as much as doctors expect. We know the value of a fair settlement in your particular circumstances and will protect your rights and negotiate on your behalf with the ICBC. Because we work on a contingency basis, there is never a fee unless we win.
