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Pain and Suffering

Also referred to as “general” or “non-pecuniary” damages, monetary compensation for pain and suffering is the most common compensation provided to accident victims. It includes compensation for the pain, disability and loss of enjoyment of life caused by your injuries.

Key features:

  • Determined by the severity of your injuries and resulting disability.
  • The level of compensation is determined by previous court judgments.
  • Compensation is capped by the Supreme Court of Canada, with a current limit of approximately $360,000.00.

Lost Income (Past and Future)

If you can’t work because of your accident-related injuries, you may be entitled to compensation for your lost wages.

Past wage loss compensates an injured person for income lost between the date of the accident up to settlement or trial. Often capable of exact calculation, compensation is based on your pre-accident earnings, with an entitlement to the difference between what was actually earned and what would have been earned absent the accident.

Key features:

  • You are entitled to net (after taxes) amount of wage loss only.
  • Wage loss benefits paid during a claim, by ICBC or any other insurance company, are generally deducted.
  • Unreported income is recoverable as long as it can be proved.
  • Missed promotions or pay raises can be factored into the calculation.

Future income loss, commonly referred to as “future loss of income earning capacity”, entitles an accident victim to compensation for their overall ability to earn income in the future. This is important when injures and disability are permanent, and the ability to earn income will continue to be impaired following settlement or trial.

Key features:

  • Compensation is for your loss of overall ability to earn income, not strictly lost wages.
  • You must show a “real and substantial possibility” of reduced future income.
  • Loss can be quantified based on pre-accident earnings (if earning established earnings history) or overall loss of employability.

Loss of Housekeeping Capacity

If your accident related injuries are preventing you from performing tasks in and around the home, you may be entitled to compensation. This area of compensation overlaps with other areas, such as: non-pecuniary damages, “in trust” claims, cost of future care, and special damages.

Key features:

  • You are entitled to past and future losses.
  • Losses are valued at replacement cost (Approx. $15/hr)
  • Claim is dependent on pre-accident housekeeping standards

“In Trust” Claims for Caregivers

This is a special area of compensation for family members who care or perform chores for the injured person. It is distinct from a loss of housekeeping claim. It’s called “in trust” because the injured person claims for the family member who actually performed the services.

Key features:

  • The services provided must be necessary for the care of the injured person.
  • Must be over and above what would be expected from the relationship.
  • Not awarded for services provided out of natural love and affection of family members.

Out-Of-Pocket Expenses

Accident victims are entitled to “special damages”, or reimbursement for out-of-pocket expenses incurred as a result of their injuries, up to settlement or trial. Examples include: physiotherapy, prescriptions, rehabilitation equipment, home and work enhancements, housekeeping, and medical travel expenses.

Key features:

  • Must be caused by the accident and usually recommended by your doctor.
  • Must not be unreasonably expensive.
  • It is important to keep all original receipts and other paperwork.

Cost of Future Care

Accident victims are generally entitled to compensation for expected future medical care and rehabilitation, the cost of which is usually determined by an occupational therapist. There is no limit to items that can be funded under this area of compensation, but frequent examples include: future physiotherapy, prescriptions, medical equipment, care aids and housekeeping.

Key Features:

  • Based on expert evidence from medical professionals.
  • Usually an economist will be retained to determine the present value of the future expenses.
  • Legal advice is likely necessary in order to obtain the proper expert evidence and comply with complicated procedural and evidentiary rules.

How We Can Help

At Poyner and Company, our personal injury lawyers have experience helping people who have been injured in a wide variety of accidents. While you focus on recovering from your injuries, we will prepare your claim so that when the time is right you are fully and fairly compensated for your injuries and other losses.

We're Ready When You Are

If you or a loved one have been injured in an accident, call or email us today to schedule a free, no obligation consultation with one of our personal injury lawyers.

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