Ongoing pain and the assessment of non-pecuniary damages and loss of future earning capacity The case Moore v Cabral is an example of how judges assess the impact of ongoing pain from motor vehicle accident injuries when calculating damages. In particular, this case highlights how evidence at trial is reviewed and the analysis of potential loss of future earning capacity. Moore v Cabral et al, 2006 BCSC 920 What are the facts of this … [Read more...]
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Compensation for Wrongful Death Claims in BC
Wrongful death claim lawyers serving Surrey, Langley, Abbotsford, Chilliwack, Aldergrove and Maple Ridge. How do claims for damages work in the case of fatal accidents? In the most difficult cases, a person is killed by the negligence or reckless behaviour of another. A case can still be brought against them when this happens, but the claim for damages will be different to reflect the circumstances. This area of the law is set out in … [Read more...]
Past Wage Loss Calculation for BC Personal Injury Claims (Including ICBC Claims)
When a person is injured and someone else is responsible, the calculation of what is owed – the “damages” – can be very complicated. The overview article on the calculation of damages outlined the categories of damages that must be assessed by the court. This article gives more detail on the first step, past wage loss. What must be proved for recovering past wage loss from a BC personal injury claim? You must prove the following … [Read more...]
Calculating Special Damages for BC Personal Injury Claims
When a person is injured and someone else is responsible, the calculation of what is owed – the “damages” – can be very complicated. The overview article titled "ICBC Claim Lawyer: How Much is My ICBC Claim Worth" outlined the categories of damages that must be assessed by the court. This article gives more detail on the assessment of special damages. What are special damages? Special damages are the pre-trial expenses that the … [Read more...]
About Cost of Future Care Damages for BC Personal Injury Claims
When a person is injured and someone else is responsible, the calculation of what is owed – the “damages” – can be very complicated. The overview article on the calculation of damages titled ICBC Claim Lawyer: How Much is My ICBC Claim Worth? outlines the categories of damages that must be assessed by the court. The following article gives more detail on the assessment of the cost of future care. What does the “cost of future … [Read more...]
BC Car Accident: Driver Limited Liability
The limits of driver liability In the case of Canadian Pacific Ltd v Gill et al, the Supreme Court of Canada limited driver liability in motor vehicle accidents in certain circumstances. Canadian Pacific Ltd v Gill et al, [1973] SCR 654 What are the facts of this case? The specific circumstances of the people involved in a case are very important for understanding the legal rules and analysis that come out of it. Mr. Aujla was driving … [Read more...]
About Loss of Earning Capacity in BC Personal Injury Claims
When a person is injured and someone else is responsible, the calculation of what is owed – the “damages” – can be very complicated. The overview article on the calculation of damages titled ICBC Claim Lawyer: How Much is My ICBC Claim Worth? outlines the categories of damages that must be assessed by the court. This article gives more detail on the assessment of the loss of future earning capacity. How is loss of earning capacity … [Read more...]
Example BC Personal Injury Claim Damages Assessment
DISCLAIMER: Please keep in mind that the following damages assessment is an example based on a past case to illustrate the damages assessment process in British Columbia. Each case is unique and damages are assessed on a case-by-case basis. Your injury claim may or may not include all the compensation categories in the following example. Moreover, the figures set out are for illustrative purposes only and are not to be construed as averages … [Read more...]
Fraser Valley Personal Injury Lawyer Article on Duty to Mitigate
We are Fraser Valley personal injury lawyers serving all of the Fraser Valley with offices in Langley, Surrey, Abbotsford, Chilliwack, Aldergrove and Maple Ridge. The assessment of damages isn’t just about the defendant paying all the losses of the injured person. The person who suffered the loss has a duty as well, called the duty to mitigate or minimise damages. What is the duty to mitigate? Basically, the injured person has to … [Read more...]
What if the Defendant to an Injury Lawsuit Dies?
BC Lower Mainland lawyers serving Langley, Chilliwack, Abbotsford, Maple Ridge, Aldergrove and Surrey. Can you still make a claim for damages if the defendant has died? In some cases, the person responsible for the injuries suffered has died before a claim makes it to court. He or she may have died at the time of the accident or after it from an unrelated cause. In either case, you can still bring a claim for damages to court. This … [Read more...]