A personal injury settlement is typically broken down into five main heads of damage:
- Pain and suffering damages (also known as non-pecuniary damages);
- Past wage loss;
- Future wage loss;
- Special damages (out of pocket costs for treatment, medication, etc); and
- Future care costs.
Pain and Suffering Damages
With respect to pain and suffering damages, these are assessed based on the injuries you have suffered in your car accident. Alberta operates under a cap system, whereby your pain and suffering damages will be capped at a maximum of $6,061 if your injuries are deemed " minor".
For non-minor injuries, the amount of compensation you are entitled to will depend on the extent of your injuries and the impact they have had on your life, including your ability to work, complete your activities of daily living, and recreational activities.
Past Wage Loss
If you missed time from work because of your accident-related injuries, you are entitled to be compensated for your missed time.
In most cases this is a straightforward calculation, where you can easily calculate the lost income based on your salary or hourly wage, and the amount of time missed. Things can become more complicated if you are self-employed, are commissions-based, have an incorporated business, are an independent contractor, or were paid sick time or disability benefits. It is important to keep good records of any lost contracts, business, and time off, particularly if you work for yourself. These records will be necessary to prove your losses to the insurance company.
Taxes will be deducted from any claim for past wage loss.
Future Wage Loss
If you are injured to the extent that you are unable to return to work at all, or are working modified duties or reduced hours, you are entitled to be compensated for the loss of your future earning potential.
What you are entitled to will depend on a number of factors including: your age, income, possibility for advancement or promotion, pension earnings and contributions, and your retirement plan, amongst others.
Assessing future losses can be complicated, and may require expert evidence. If you think you have a claim for future wage loss, please reach out to one of our experienced lawyers to discuss your claim.
Special Damages
Special damages include the items you have paid for out of pocket, such as treatment, medication, equipment, and even mileage for going to and from your doctor's office or treatment clinics.
Generally, if you have receipts to back up your claim, and notes from your doctor advising that the items or treatment were necessary and related to your accident claim, they will be reimbursed by the insurer. It is important to keep all your receipts or send them to your lawyer throughout your claim for safe keeping.
Future Care
Your entitlement to future care will depend on the nature and extent of your injuries, and typically, future care recommendations will be made by medical experts. Future care could include ongoing treatment such as massage therapy, physiotherapy, or active rehabilitation, the cost of medication, adaptive equipment to make things easier around the home or office, or more direct intervention, such as ongoing housekeeping or in home care. While your claim for past and future care may be subject to a limit, you may be entitled to more, so it is important to discuss this aspect of your case with a knowledgeable professional.
Navigating a personal injury claim can be challenging, confusing, and overwhelming, particularly if you are significantly injured. If you have been injured in a car accident, please contact us today. We are here to help you and ensure you receive everything you are entitled to, so you can focus on your recovery.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
