IMPORTANT: If your accident occurred on or after April 1, 2019 the following may or may not apply.
Your ICBC tort claim (i.e. the claim against the driver who caused the accident) includes all the damages that you’ve suffered as a result of the accident. The law divides these damages into categories, sometimes referred to as “heads of damages”:
- Non-pecuniary Loss: Also referred to as “pain and suffering”, this represents the court’s attempt to place a number on all the intangibles consequences to you of the accident.
- Past Wage Loss: This covers all the loss of earnings from the date of the accident until trial.
- Future Loss of Earning Capacity: This covers all potential loss of earnings after the date of trial.
- Future Cost of Care: If you may require medical treatment or other help after the date of trial, it is considered a future cost of care.
- Loss of Housekeeping Services: This recognizes that homemakers provide a valuable service and so it provides compensation to the extent that they are unable to perform household duties.
- In Trust: This compensates friends and family members who put significant work into caring for you while you are injured.
- Special Damages: These are all the miscellaneous expenses, such as medications, treatment fees, travel expenses and any other measurable expense incurred due to the accident.
- Tax gross up & Management Fees: If you will be unemployed or require significant medical care after trial, your award may be increased to cover taxes and investment management fees.
- Costs and Disbursements: BC courts require the losing party to pay the winning party: a penalty based on the difficulty of the lawsuit (costs), and the expenses incurred to run the lawsuit (disbursements).
Other heads of damage not listed here include: aggravated & punitive damages, vehicle damages, and pre- and post-judgment interest.
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