There are five main categories:
The names that lawyers use to label these are not always the same but we attempt to communicate with you in plain English.
Pain and Suffering Payment
This is a payment awarded to you for:
How much pain you are suffering is self-explanatory.
The "inconvenience” is for:
Payment Limit for Pain and Suffering
In 1978, the Supreme Court of Canada placed a limit of $100,000.00 for pain and suffering. It has been adjusted for inflation since then and the current upper limit is now approximately $351,000.00.
This upper limit is reserved for those with severe spinal cord injuries, severe brain injuries, or other physical or psychological injuries that are devastating to your way of life.
Past Wage Loss
You are entitled to recover what you would have made had you not been injured. If it is a motor vehicle injury, you are entitled to the amount you would've received less than what would have been deducted from your pay for income tax, CPP and UI.
Future Wage Loss
This is usually a lot more complicated, but not always.
You are entitled to the amount that you would have earned in the future if the injury had not happened.
If you cannot return to your regular job but can do another job that pays less, it is based on the difference between what you would've made and what you are making.
There are also deductions made from this amount to deal with the possibility that bad things would've happened to you in the future, preventing you from earning that income.
Proving loss of future income usually involves hiring any number of experts (psychiatrists, physicians, chiropractors, etc.) to give the necessary opinions that you will be disabled in the future and unable to work, and then providing opinion evidence as to what your future loss is.
This is for such things as:
Future Out-of-Pocket Expenses
If at the time that you go to trial or settle, you are entitled to receive money to pay for what you will spend in the future as a result of being injured.
These would be for the same kinds of things that you spent money on out to the time of the settlement or the trial.
Some examples would be:
Yearwood – Dyson* Lawyers offers a free 1-hour interview for all personal injury claims. Contact us or book an appointment online. For your convenience, we can meet you at our offices in Vancouver or Surrey. We also offer home, hospital and workplace visits by appointment.