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

House Fire - Outlet

Michael Elliott and John Rice were trial counsel for Cora Boyes who, in 2007, was 10 only months old when she suffered severe electrical burns while a resident at a rental property in North Vancouver. Cora was electrocuted by a negligently constructed electrical cord which had been altered to have two “male” ends. The cord...

Michael Elliott and Cody Wagner were trial counsel for a 36-year-old lawyer who suffered injury to her back and neck, as well as headaches, as a result of a significant motor vehicle collision. At the time of the collision the plaintiff worked in a busy litigation law firm. Due to her hard work and determination,...

Broken Windshield

John Rice and Jon Harbut were trial counsel for Denise Norris who suffered disabling injuries after being involved in a vehicle accident in 2010. The Insurance Corporation of British Columbia (“ICBC”) had conduct of the defence and elected a jury trial. The defendant admitted liability just before the commencement of a scheduled 20-day trial, which...