Personal injury claims

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PERSONAL INJURY CLAIMS

Types of Damages

If a homemaker is injured and left unable to perform the household chores that he or she once did for the family, they may be entitled to a loss of housekeeping services award. Alternatively, an award for housekeeping assistance may be advanced as part of a future care claim.

 
A negligent defendant is required to pay an injured person’s out-of-pocket expenses for things such as medical services, ergonomic equipment, medication, and damaged personal items.
 

These claims are to cover the treatment, rehabilitation, and homemaking assistance an injured person may require in the future—in some cases, for the rest of their life. Awards are broad and can include physiotherapy, massage therapy, kinesiology, ergonomic equipment, home aids, homemaking assistance, counselling, or psychological therapy. In order to be covered, the care item must be shown to be reasonable and medically necessary.

 

An injury could well result in lost opportunities to earn income in the future. These claims typically arise when a person never returns to work following an injury, returns to reduced hours, or returns to their former employment at regular hours but in a diminished capacity.

 

If you have lost income because of an injury, you are entitled to recover it from the negligent party who caused harm. This loss can include lost wages and commissions, missed promotions or raises, lost job opportunities, and diminished business income.

 

When you suffer an injury caused by someone’s negligence, you are almost always entitled to non-pecuniary damages—a legal term for an award intended to compensate you for pain, suffering, and loss of enjoyment. The amount will vary, depending on the nature, severity, and duration of the particular injury.

 

PERSONAL INJURY JUDGMENTS

Car Accident

Jon Harbut and Keith McGee were trial counsel for the Plaintiff in a claim for damages arising out of a car accident caused by the Defendants Savory and Kwong. Our client was a 26 year old massage therapist. She suffered mild soft tissue injuries. ICBC lawyers said she was exaggerating her claim and that it...

Air Bag Deployed

Michael Elliott and Cody Wagner were trial counsel for John Bellaisac, a 35-year-old labourer who was injured as a passenger in a rear end accident. Mr. Bellaisac was a recent immigrant from Columbia. Since his arrival in Canada, Mr. Bellaisac worked as a physical labourer in demolition and asbestos removal. As noted by the trial...

Medical Doctor

Michael Elliott and Cody Wagner were trial counsel for Ms. Johal. The Court of Appeal remitted Ms. Johal’s award for future cost of care back to the trial judge for clarification of this issue. RHE argued that ICBC had failed at trial and on appeal to reduce the amount Ms. Johal was to receive for...