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There are two broad categories of "loss", monetary and non-monetary. In some cases, a court may also award special compensation, for wrongful death and as punishment. 
Monetary Losses If the court can put a dollar value (by accounting methods) on the harm you've suffered, it will compensate you for 100 per cent of the loss. This is usually where most of the money the court awards comes from. These losses include:
Loss of future earnings If you lose wages or other income because of an injury, your losses from the time of the accident projected for the rest of your life, can be recovered. This can be a very large sum of money, amounting to hundreds of thousands of dollars in some cases. Cost of medical care and rehabilitation You can recover the costs of medical care or rehabilitation because of your injury. ICBC offers some limited no-fault coverage ("Part 7 benefits") even if you are 100 per cent responsible for the accident. These benefits are limited, in time and in dollar value. If you are the victim of the accident, you can be compensated for your projected costs over your lifetime. Costs of living with a disability If you suffered an injury that requires you to adjust your lifestyle -- for example, if you can't use much of your house because you need a wheel chair to get around -- you may be able to get money for renovations to make the house more livable. Also, if you need home care or extensive assistance, the cost of this assistance may also be granted. Damage to your car ICBC tends to use a standard ICBC valuation for your car when they compensate you for the loss, which is often less than the real value of the car. In Court, if your lawyer can prove that the car is worth more, you can recover this. Top of Page
Non-Monetary Losses If the court can't put a dollar amount (by accounting methods) on the harm you've suffered, judges do their best to estimate what the actual value is. They then award less than 100 per cent of the amount, to avoid over-compensating. The amount of money involved can still be very large, about a quarter of a million dollars maximum. These losses include: Pain and suffering You can be compensated for the physical pain you are suffering and will suffer in the future, and for extreme psychological stress. Loss of a body part If a person loses a body part, he is not only compensated for the loss in terms of money, but will also receive a lump sum for the psychological blow of having a missing body part. Reduced life expectancy If you can prove that your life expectancy is reduced because of the accident, you can sue for the lost years of your life. Top of Page
Wrongful Death Many auto accident fatalities occur in B.C. every year. Special forms of compensation are available to the victim's estate and family. Harm to family members. If a member of your family has been killed in a car accident, you can sue (in your own name) for the loss you suffer from "loss of society" and not having that relative's guidance, care and companionship. This tends to produce only limited amounts of money, unless it involves compensation for the loss of a parent who is important to the education and care of a child. Medical and funeral expenses. All the medical, travel, funeral, and other expenses directly resulting from the victim's death are recoverable in Court. Loss of family work You can claim compensation for the work the deceased relative would have done around the home. Loss of inheritance If you can't inherit because the victim died prematurely, you may be able to recoup the loss. Top of Page
Aggravated and Exemplary Damages In some cases, the court decides to punish someone for what he or she did, on top of compensating you for what you have lost. In some "road rage" cases, for example. The way the Court will do this is by awarding exemplary damages: the defendant will be ordered to pay you a lump-sum amount, not for your hurt but as a public punishment. |
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Legal disclaimer: The information provided on Lawyers-BC.Com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Your access to and use of this Web site is subject to additional terms and conditions. This page last updated: Feb.15, 2015 © copyright 1999 Lawyers-BC.Com Services Ltd. |
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