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How will I be compensated after a major motor vehicle accident?

If you have been involved in a major accident caused by another driver and you sustained significant personal injuries such as a brain injury or spinal cord injury, you are likely entitled to compensation from ICBC for a variety of types of damage for your losses.

ICBC compensation depends on severity of injuries and other factors

Because each personal injury claim is unique and depends on a number of factors, such as who was at fault for the accident, the injuries you sustained, and how the injuries are impacting your life, it is highly recommended that you get legal advice from an experienced personal injury lawyer as soon as possible after the accident. An experienced major accident lawyer can review your case, advise you on each type of compensation you should claim (these are known as “heads of damage”), and provide you with an estimated range of the value of your ICBC claim. To get an idea of how the heads of damage are assessed, have a look at the summary of this ICBC case which resulted in significant compensation for physical and psychological injuries or this traumatic brain injury case discussed by our Surrey major accident lawyers.

“Heads of damage” in an ICBC claim

Here are the most common heads of damages to which you may be entitled if you have suffered personal injury as a result of a motor vehicle accident:

  • Non-pecuniary damages to compensate for your pain and suffering.
  • Loss of past income earning capacity from the date of the accident to settlement of your claim or trial.
  • Loss of future income earning capacity for potential loss of earnings after the date of trial.
  • Special damages for your out-of-pocket expenses, including the costs of medical treatment or medications incurred from the date of the accident to settlement of your claim or trial.
  • Cost of future care for treatment, medication or other help after the date of settlement or trial.
  • Loss of housekeeping capacity.

Claims for costs and interest are standard civil procedures included in actions arising out of a motor vehicle accident.

If your injuries are particularly serious (for example, if your injuries are so severe that you will be unemployed or require significant medical care in the future), your award may be increased to cover taxes and investment management fees. You may also be entitled to an “in trust” claim. For more information about each head of damage, please see our resources pages  or call us at (604) 689 8888.

Two types of ICBC claims for compensation after a major accident

The heads of damage discussed above are claimable from the “tortfeasor” (the one who is at fault for the accident that caused your injuries). In addition to an ICBC claim against the person responsible for your injuries, you may also be entitled to  “no-fault” benefits directly from ICBC under a Part 7 claim. A Part 7 claim is a way for the injured individual to be paid the following reasonable expenses as benefits: necessary health care services, occupational therapy, dental services, hospital services, ambulance services, professional nursing services, speech therapy, medication, prostheses and orthoses.

Have questions? Contact an experienced major accident lawyer

Surrey/Delta, Burnaby, Abbotsford and Vancouver office appointments are available for accident victims who need legal advice with respect obtaining full compensation for personal injury caused by a motor vehicle accident. The experienced major accident lawyers at Simpson Thomas & Associates can advise you on each head of damage to which you may have a claim and help you secure the compensation you deserve. Call (604) 689-8888 today to schedule your free initial consultation with one of our team of major accident lawyers.

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