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How Much Compensation Will I Be Awarded For My Claim?

It is usually not possible to give a dollar amount until all the necessary information is received and thoroughly reviewed. This is because every claim is different, and the amount of money a claim is worth depends on many things, especially the type and seriousness of the injuries and how the person’s life is affected by their injuries.

 

As soon as you report your claim to us we will be able to start advising you how the amount of compensation in your case will be decided. As we receive more information from you, your doctors,your therapists and other people who know you, we will be able to calculate your possible compensation more accurately, and advise you how much you can expect to receive.

 

The amount of compensation you receive is broken down into several categories, known as “heads of damages” (see “Types of Compensation in Injury Claims”). The amount of compensation for each head of damages varies greatly from case to case, as it depends on the special facts of the case.

 

The first category of compensation to consider is “general damages” for your “pain and suffering”. This is based primarily on the medical evidence in your case, and decisions reached by the Court in other similar cases to yours. The range of possibilities is often very wide because the medical evidence in your case and other cases may be unclear. It also depends on how your life is affected by your injuries. As an example, the compensation for soft tissue (or “whiplash”) injuries, which are the most common type of injury in car accidents, can vary from a few thousand dollars for a “minor” whiplash to many tens of thousands for “moderate” or “severe” soft tissue injuries.

 

If you normally work, we may also be able to obtain compensation under another “head of damages” called “loss of income”. This is any money you have lost, or may lose in future, as a consequence of missing work due to the accident.

 

There are several more possible categories of compensation. Once we have all the information about your claim we will be able to assess your claim and advise you how much we expect to be able to negotiate for your settlement, including all the categories that apply to your case.

 

Types of Compensation in Injury Claims

If you have been injured in a car accident through no fault of your own, you may be entitled to make a claim for:

  • "pain and suffering", also known as “general damages” or “non- pecuniary damages”, which includes loss of enjoyment due to difficulties in daliy living, interruption of recreational activities and disruption of social life;
  • "loss of income" wage or business income loss due to missing work because of injuries;
  • "special damages" expenses you have paid that are related to medical treatment or therapies;
  • "future losses" such as future health care costs and lost opportunities resulting from your injuries ;
  • "interest" on loss of income and special damages.
  • "unit costs" a negotiable amount that the insurance company can be required to pay towards your legal expenses;
  • other types of compensation that may apply in your specific situation.that may apply to your specific circumstances.

Unless you include all the “heads of damages” that apply to your case, you may not receive all the compensation you are entitled to.


How Long Will It Take to Settle My Claim?

The length of time required to settle claims varies considerably between cases. This is because a claim should almost never be settled until you have fully or substantially recovered, and the recovery time depends on the injuries, treatment received and the individual who was injured.

 

Once you are substantially recovered we ask your physician to prepare a medical/legal report to assist us in assessing your injuries, as a first step towards determining the amount of compensation that, in our opinion, you should be entitled to receive based on a comparison with other cases.

 

Once we have completed this assessment we review it with you and provide you with our recommendations concerning a favourable settlement. If you agree, we then negotiate the best amount obtainable from the insurance company on your behalf. This can often be accomplished in just a few weeks.

 

In most cases in British Columbia there is a TWO YEAR LIMITATION PERIOD for claims. If the limitation period expires without notice being given or legal proceedings being commenced, you may lose your right to be compensated for injury or loss. THE SOONER WE ARE WORKING FOR YOU, THE SOONER WE CAN PROTECT YOUR RIGHTS.