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

Motor Vehicle Accident

Jon Harbut and John Rice were trial counsel for Wing Kit (“Rick”) Chow, a 40-year-old accountant who suffered serious injuries leading to neck surgery from two rear-end motor vehicle collisions on November 20, 2009 on July 5, 2011. ICBC had full care and conduct of the defense for the people who rear-ended Mr. Chow. For...

Man Crying in the Dark

Michael Elliott and Hector MacDonald were trial counsel for Allie Picton, a 33 year-old hair stylist, who suffered injuries to her neck, back, and shoulders, as well as ongoing headaches, as a result of a motor vehicle accident. Ms. Picton’s primary ongoing complaint at the time of trial was persistent headaches which interfered with her...

Car Accident

Jon Harbut and Anthony Leoni were trial counsel for Scott McKenzie, a Special Education Assistant and Youth Pastor who suffered injuries as a result of four motor vehicle accidents between 2012 and 2015. The primary issue was whether the cerebellar stroke that Mr. McKenzie sustained was a result of the first motor vehicle accident. At...