- General Damages / Non-Pecuniary Damages
- Special Damages
- Loss of Past Income
- Loss of Future Income / Diminished Earning Capacity
- Loss of Housekeeping / Loss of Future Housekeeping
- Cost of Future Care
- “In Trust” Damages
- Accelerated Depreciation
General Damages / Non-Pecuniary Damages
This head of damage represents compensation for pain and suffering, and loss of enjoyment of life. Generally speaking, the longer you suffer injuries as a result of an accident, the more compensation you will receive for this particular form of damage, provided that you have corroborating medical documentation, and evidence of treatment visits. Many other factors are taken into consideration, however, such as your age, the severity of your injuries, and the effect that such injuries have had on all aspects of your life.
Special damages are out of pocket expenses incurred by you, such as medication costs, costs for crutches, costs for physiotherapy, massage, and a chiropractor, and mileage costs to and from treatment appointments.
The expenses incurred must be reasonable, given the injuries you have suffered. Consequently, it is important to work closely with your doctor to determine an appropriate plan of rehabilitation. There is a better chance of getting reimbursed for an out of pocket expense if it is something that a doctor recommended.
It is important that you save your original receipts for such expenses, or ICBC will likely not consider reimbursement.
Loss of Past Income
You may also make a claim for a loss of past income as part of your ICBC injury claims, which is calculated from the date of your injury to the date of settlement, or trial. You may or may not get some of this compensation through disability benefits provided under ICBC’S “no-fault” benefits, however likely not enough to fully compensate you.
It is important to note that you are only entitled to claim for your “net” loss of income, after normal government taxes have been factored in. Please click here for court cases discussing income loss.
Loss of Future Income / Diminished Earning Capacity
A person with lasting injuries, or in some circumstances a person who is no longer symptomatic, can make a claim under this head of damage, as the person will be less capable overall from earning income from all types of employment; will be less marketable to potential employers; will have lost the ability to take advantage of all job opportunities which might otherwise have open to him or her; and, will be less valuable to himself or herself as a person capable of earning income in a competitive labour market.
This claim can still be available to you even if you have returned to your pre-accident employment.
Loss of Housekeeping / Loss of Future Housekeeping
If you are less able to perform your normal household tasks as a result of injuries that you have sustained, you may make a claim in this regard.
ICBC is loathe to pay such a claim, however there is a good possibility that a court would award you compensation under this head of damage. There may also be limited times where ICBC will include a portion of such a claim under the general damages heading.
Cost of Future Care
If you have not completely recovered at the time of settlement or trial, you can also make a claim for the cost of future care as part of your ICBC injury claims.
Such costs can include medications, medical treatment, special equipment, and home care services.
“In Trust” Damages
It is quite often the case when you are injured that family and friends will help you throughout your recovery period. When such people help you beyond what would be reasonably expected of them, even if provided for no charge, they are entitled to be compensated if it can be proven that they suffered a direct economic loss due to the time and effort that went into performing duties for you, or their help resulted in replacing expenses which would otherwise have been incurred, such as for a housekeeper. It is important that you make your best efforts to keep track of who has helped you do what, and for how long.
When you have a vehicle that has been damaged in a motor vehicle accident, the resale value of this vehicle will be lower, even if it has been repaired. This loss is recognized at law as a claim for accelerated depreciation. It is important to note that the vehicle need not be sold in order for this type of claim to be recognized.