If you have been injured in a motor vehicle accident and are not the at-fault driver, you may find it worthwhile to consult a personal injury lawyer for professional advice about a tort claim. A lawyer will ask questions about what happened and what your injuries are and then discuss whether you have a case for financial compensation. The lawyer can tell you what factors influence the total compensation amount, including the type and extent of the injuries suffered.
Most ICBC adjusters try to settle claims within ICBC’s own guidelines, but the court is not restricted to these low limits. The courts can determine the true value in a case. The court may review reported judgments for similar injuries, but each case is determined on its own merits based on its own facts. In making a determination for damages, a judge will seek to provide a financial amount that will restore you to where you were prior to the accident.
The total compensation in a successful personal injury case will include non-pecuniary damages, which is compensation for pain, suffering and the loss of enjoyment of life. Some cases may include amounts for loss of past income, loss of future income/earning capacity, the cost of future care, loss of housekeeping capacity, “in trust” damages to compensate service providers, special damages for out of pocket expenses, and other damages, depending on the situation. The only financial limit followed by the courts is that on non-pecuniary damages, made by the Supreme Court of Canada. Currently, adjusted for inflation, the limit on non-pecuniary damages is approximately $350,000.
In calculating the amount payable, the total damage claim paid from the ICBC is reduced by amounts already paid or payable under other applicable provisions in the ICBC policy or other applicable public or private insurance plans.
Statistically, about 95 percent of ICBC cases are settled where the claimant has a lawyer and a lawsuit is started, without the necessity of going to a trial. Talk to your personal injury lawyer at Bronson Jones & Company LLP in Vancouver or the surrounding areas for more details. Call us today at 1-855-852-5100.