There are significant negative changes after April 1, 2019 that will limit and reduce victim compensation. In 2018 the NDP coalition government passed laws to secure the monopoly ICBC has over auto insurance and increased ICBC’s power to deny compensation to innocent victims. Speak to a lawyer about the facts of your case before you settle.
Here are claims that will add value to any viable personal injury case:
Legislated Injury Benefits
These includes ICBC accident injury benefits, MSP benefits and Employment Insurance. Some claimant’s may have private health insurance thru employment. Most of these benefits are deductible from the claim against the at fault driver.
Money for Pain and Suffering
Considerations often taken into account in assessing general damages, compensation for pain and suffering include:
(a) age of the plaintiff; (b) nature of the injury; (c)severity and duration of pain; (d) disability; (e) emotional suffering; (f) loss or impairment of life; (g) impairment of family, marital and social relationships; (h) impairment of physical and mental abilities; (i) loss of lifestyle; and (j) the plaintiff’s stoicism .
Compensation for Loss of Earning Capacity
A loss of future earning capacity award will be successful when: 1. The claimant has been rendered less capable overall from earning income from all types of employment; 2. The claimant is less marketable or attractive as an employee to potential employers; 3.The claimant has lost the ability to take advantage of all job opportunities which might otherwise have been open to him, had he not been injured; and 4. The claimant is less valuable to himself as a person capable of earning income in a competitive labour market.
Out of Pocket Expenses
Also called “Special damages” essentially are the principal amount of moneys paid out arising from a wrong such as a car accident injury. Pre‑judgment interest is added to them, but not to the cost (i.e., out-of-pocket interest expenses) of borrowing money to finance them.
The legislature did not intend to allow the recovery of out-of-pocket interest expenses as a disbursement, when they were not generally recoverable otherwise either at common law or by statute. (MacKenzie v. Rogalasky, 2014 BCCA 446 at para. 69, 378 D.L.R. (4th) 419, leave to appeal ref’d [2015] 2 S.C.R. viii)
Cost of Future Care
Just as medical necessity is not the criteria for what future medical care is required, the court does not look at minimal or lowest standard care that is available. The concept is rather one of adequate or reasonable compensation. What should be looked at is an award of compensation that will provide the claimant with a high standard of future care which will give him or her maximum quality of life.
The general principle applicable to the level of future care is focused on the type of injuries sustained and the provision of adequate future care and the proper test is whether the recommended costs are reasonable.
Watch our short video to learn more about settling your ICBC injury claim.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.