What Damages Can You Be Awarded in an ICBC Claim?
If you were seriously injured in a motor vehicle accident because of the negligence of another driver, you may be eligible to receive various damages from your ICBC claim. These damages may include loss of income, pain and suffering, the costs of your future treatment and care, loss of enjoyment of life, and more. However, the circumstances surrounding every car accident and resulting injuries are unique; an experienced ICBC lawyer at Preszler Injury Lawyers can advise victims and their families as to what qualifies as a fair dollar amount for their particular injury claim.
The ICBC will try to settle accident claims for as little as possible. They are not always looking out for the best interest of the accident victim. That is why accident victims should reach out to legal counsel. Our trusted personal injury law firmstands ready to protect your rights during the ICBC claims process.
Future Care and Treatment
Severe injuries often require ongoing treatment, rehabilitation, and other types of care. Your lawyer will provide medical evidence as well as expert testimony as to the type of anticipated future care and treatment needs.
Lost Wages
Those unable to work due to their injuries may receive the wages lost while recuperating. In addition to salaried or hourly workers, whose lost wages are relatively straightforward to calculate, those who are self-employed or work on commission may also receive their estimated lost income. Such lost income may include work opportunities missed due to their recovery.
Future Income Loss
If the person’s injuries are such that they may never work again in the future, or their earning capacity becomes limited, damages may take into account the lessened ability to support themselves and their dependents. When calculating such an amount, the person’s age, education, and skills are taken into consideration, along with their prior earning capacity.
Medical Expenses
While major medical expenses are paid up to $150,000 under the ICBC’s Basic Autoplan, the injured party may receive reimbursement for out-of-pocket medical costs. That is why keeping good records relating to such expenses is necessary. You may receive reimbursement for:
- Medications, both prescription and over-the-counter
- Transportation to and from healthcare provider appointments
- Massage therapy
- Chiropractic care
- Physiotherapy
Pain and Suffering
Pain refers to the accident victim’s actual physical pain, while suffering refers to mental anguish and the loss of enjoyment of life. Many accident victims develop PTSD or similar psychological issues after going through this trauma. The loss of enjoyment of life may include the inability to participate in the normal types of activities available to them prior to the crash. A lawyer will assist in quantifying these damages, based on the client’s personal circumstances.
Keep in mind there are caps on pain and suffering damages in Canada, so that even the most severely injured victims, such as those with paralysis or traumatic brain injury, will only receive the maximum compensation permitted by law.
Homemaker Benefits
If the accident victim did not hold a job outside of the home, he or she may still receive homemaker benefits because they are unable to care for their residence and families while recovering. The funds are used to hire household help while the injured homemaker is unable to perform these tasks.
Other Damages
It is not unusual for a badly injured person to require the constant care of a spouse, relative, or friend. For example, the spouse may have to leave his or her job temporarily, or permanently, in order to care for the injured husband or wife. When this occurs, the caregiver might receive in-trust damages for these services. This holds true even if they were not paid for their caregiving.
ICBC Award Amounts
ICBC award amounts are based on actual damages, as well as the long-term consequences for the accident victim. However, if the driver is partly responsible for the accident, he or she cannot file a tort claim and cannot receive damages for pain and suffering.
Contact a Vancouver ICBC Lawyer
When you are dealing with serious injuries after a car accident, Preszler Injury Lawyers can help you navigate the complex ICBC claims process and determine a fair compensation amount that will cover ALL the costs of your injury, even into the future. To arrange a complimentary consultation, contact us online or call or text us 24/7. Because we work on a contingency basis, there is no fee unless you are awarded compensation. We serve all of British Columbia.
