Personal Injury
Personal injury claims arise when individuals sustain injuries as a result of the negligence of another person, usually called a third party. Many claims relate to motor vehicle accidents, slip and fall accidents or product liability. If you have sustained an injury as the result of someone else's negligence, you should seek legal advice regarding your rights to pursue a claim for personal injuries.
No Fault Benefits
In cases involving motor vehicle accidents, individuals are entitled to certain no fault benefits even if they are 100% liable for the accident.
There are essentially five types of no fault or accident benefits which may be paid under the Insurance Motor Vehicle Act Regulations. These are:
- Disability Benefits payable to employed persons and to homemakers;
- Medical and rehabilitation benefits required as a result of the injuries sustained in the accident;
- A limited amount for funeral expenses if a someone is killed in an accident;
- A lump sum benefit to survivors of fatal accidents depending on the status within the household of the deceased person;
- A supplemental survivors benefit for certain family members in fatal accidents which consists of a lump sum and a weekly benefit.
The Insurance Motor Vehicle Act Regulations set out requirements for entitlement to no fault benefits. These include a requirement that the insured promptly notify ICBC of the accident and provide a written report to ICBC regarding the accident circumstances.
Claims Against Third Parties
If a person is injured as the result of the negligence of a third party whether as the result of a motor vehicle accident or some other type of accident, the person may have a right to pursue a claim for damages against the negligent party. Often the third party is insured by ICBC or another insurance company for negligence. In British Columbia, all vehicles must be insured by ICBC for a minimum of $200,000 for third party liability coverage.
If you intend to pursue a claim for personal injury there are various limitation periods which apply depending on the nature of the claim. If you do not meet the limitation period, you may be prevented from pursuing the claim further. You should consult a lawyer to find out which limitation periods apply to your circumstances.
Monetary Compensation
The amount of damages you may receive as compensation for your personal injuries depends on several factors including the nature and extent of your injuries, the effect of your injuries on your employment and recreational activities, and costs associated with medical care and treatment. There are various categories of damages for personal injuries including the following:
- Non-pecuniary damages for pain and suffering;
- Damages for past and future loss of income;
- Special damages for out of pocket expenses;
- Past and future cost of care.
The assessment of damages in personal injury claims is quite complex and often involves obtaining expert advice and conducting legal research to determine the appropriate amount of compensation for your claim. A Lawyer experienced in personal injury claims may assist in assessing the appropriate amount of damages which you should receive as compensation for your claim.
Personal Injury Lawyers: