No. Once you settle with ICBC and have signed a release for your personal injury, you are not entitled to go back and claim additional compensation.
As a result of injuries sustained in a motor vehicle accident, an individual has the right to compensation for a number of different damages. The damages to which an individual might have a right to compensation include the following:
This is often referred to as “pain and suffering”. It compensates you for your pain, suffering, loss of enjoyment and the disruption to the enjoyment of life of you and your family caused by the accident.
The damages for this loss vary depending on the type of injuries sustained, treatment required or if surgery is necessary. The amount will vary depending on the impact of the accident on your social life, your emotional well being, your domestic activities , your employment and recreational activities.
Damages for past wage loss are calculated from the time of the accident up to the date of settlement or judgment. If you were injured in an accident and those injuries kept you from going to work, then you are entitled to receive the wages you would have earned had you been able to go to work.
You may also claim for job opportunities, promotions, or other cash jobs you lost due to the accident.
The deductibility of insurance disability benefits, employment insurance benefits or CPP benefits will vary with the facts of each case.
If you have a permanent disability or ongoing medical problems resulting from the accident, you may claim for potential income losses in the future, losses of employment opportunity, or diminished capacity to earn an income. Experts in various fields (for example – economics, vocational rehabilitation, occupational therapy) are often used to prove these types of claims. We utilize experts in all fields to assist in presenting your claim. The damages available for these losses may apply even if you return to your pre-accident employment.
You may claim for the expenses incurred before the settlement of your claim as well as the anticipated expenses you may incur in the future resulting from the accident. These expenses include chiropractic treatment, physiotherapy treatment, massage therapy treatment, medications or home care and household assistance.
You may claim for the out of pocket expenses you incur as a result of the accident. Receipts are typically required to document your expenses.
There may be other claims available to you for losses resulting from the accident. These will depend on the severity of your injuries and the circumstances of your case. By consulting a lawyer experienced in personal injury matters, you will insure that all claims available to you are presented.
Even if you are at fault for an accident, your insurance with ICBC may entitle you to medical, rehabilitation, disability, homemaker, funeral or death benefits. It is important that you consult with an experienced lawyer to insure you receive all benefits to which you are entitled.
In certain cases you may be entitled to a claim on behalf of people who rendered you assistance while you were injured. For instance, a spouse may be entitled to claim for the hours spent doing specific tasks such as nursing or other assistance while you were injured. These claims are somewhat limited and may be difficult to prove.
If you retain a lawyer and are successful you are entitled to claim for the disbursements incurred to prove your claim and a portion of your legal bill. The taxable costs will indemnify you partially for the cost of retaining a lawyer and are over and above the settlement amount for your injuries. As a general rule, the courts attempt to reimburse a successful claimant for 30% to 50% of your legal bills. This will reduce the amount your lawyer actually costs you.
Bob Bush and the staff of Bush and Company have been helping people who have been injured for twenty years. If you, a friend or family member have been injured in an accident and want a legal team that will represent your interests then Bush & Company can help. We care about you and your family and ensure that you have available to you the best resources in your community to assist in your recovery.