Value of Your Claim
If you are involved in a motor vehicle accident in British Columbia, you have a right to compensation for your injuries by pursuing a claim under your ICBC policy. Many people injured in car accidents and truck collisions try to pursue their claims on their own without seeking legal advice or legal representation. The problem with this approach is that ICBC’s goal is not to pay you what your claim is worth based on your actual injuries and loss, but to minimize the value of your claim. The job of the ICBC adjuster is to settle the claim as quickly and cheaply as possible. What ICBC will offer as a settlement of your injuries following an auto accident collision does reflect the compensation you would not be entitled to in a British Columbia court. The real value of your claim can only be assessed by reviewing past court awards for similar types of injuries. At Mulligan Tam Pearson, we can carefully evaluate the value of your case and give you a reasonable estimation of the value of your claim. If you have been injured in a motor vehicle accident, we offer a free no obligation initial consultation and can help you value and pursue your claim.
There are a number of different kinds of compensation you may be entitled to. If you are at fault in a motor vehicle accident, you should review the section of this website that addresses Part 7 no fault benefits and seek legal advice. If you are involved in a car wreck or a commercial trucking accident, where you may not be at fault, or are only partially at fault, you should seek legal advice immediately. A personal injury lawyer can help you establish the fault of the other driver so that you can receive the full range of compensation to which you are entitled.
The types of damages to which you may be entitled include both “pecuniary” and “non-pecuniary” damages. Pecuniary damages basically relate to actual economic losses, such as, lost wages, reduced future earning capacity, medical and rehabilitative expenses, and repairs to your motor vehicle. “Non-pecuniary” damages compensate you for the pain, suffering, and loss of enjoyment of life you endured because of the accident. Courts will award damages for past pain and suffering as well as future pain and suffering.
If you earn $1000 per week and were off work for 8 weeks, the starting point for lost wages would be $8000. Pain and suffering (non-pecuniary) damages are harder to assess. Usually, courts will look back at similar past cases and award a comparable amount. A big part of assessing pain and suffering damages is wading through the thousands of past cases where claims have been made in B.C., and figuring out which ones are similar enough to use for an estimate.
Lost Earnings: We can help you seek your lost earnings from employment from the time of your auto accident injuries to the time your ICBC claim is settled or tried in court. You may receive the entire amount of your lost wages, which are calculated on your net income. A person injured in an auto accident may also seek compensation for lost future earnings.
