ICBC Settlements – What Are You Entitled To
Under Canadian and British Columbia Law you may be entitled to recover damages for your personal injury, wage loss and cost of care, from your ICBC settlement, depending upon the circumstances of your case.
If the accident is not your fault, you are entitled, as far as possible, to be restored to your pre-accident position.
The law does this by providing you a monetary award to fully indemnify you for economic losses and to provide a measure of solace for your pain and suffering as well as loss of enjoyment of life caused by your personal injury.
The categories of damages include:
Non-Pecuniary Damages which are intended to provide a measure of consolation or solace from pain and suffering, loss of amenities of life, loss of enjoyment of life as well as loss of expectation of life.
Special Damages which cover out of pocket expenses incurred by you until the time of trial including the cost of medical and rehabilitative care.
Damages for Past Loss of Income including lost wages, earning or profits as well as lost opportunities to earn income.
Damage for Future Loss of Income, which cover your prospective loss of income or lost earning capacity.
Damages for Future Cost of Care, which could include special transportation needs, drug costs, uninsured health-care services, rehabilitation expenses, homemaking and home-maintenance services.
Recovery for Costs and Disbursements which are a contribution to legal fees and other disbursements either awarded by the court or arrived at through ICBC settlement negotiations.
With your ICBC settlement you may also be entitled to ICBC Accident Benefits including Medical and Wage Loss Benefits.