Basics Regarding Tort Claim In British Columbia
Following a car accident in British Columbia, you can have up to three types of ICBC claims if you have been injured. And one of those three is a tort claim against the driver whose negligence has resulted in the accident. This tort claim will allow you to recover damages in the form of money. The purpose of this is to give you compensation for the injuries you have sustained, as well as other losses, which have resulted from the accident.
The goal of damages in British Columbia is to get the injured back into the state of health they would have been in if the accident, and thus the connected injuries, had never occurred. Because of this, British Columbia law acknowledges an array of different types of damages. Depending on the case, the types available to the injured person vary.
However, if you are seeking to get compensated for your injuries, you will need to become familiar with which damages are available to you and fit your specific circumstances. To help you get a head start on this, we have put together a small guide, though on top of this, you should also seek out an experienced Personal Injury Lawyer in White Rock who can offer further guidance regarding this matter. They will evaluate your case and check for the merits of the case before agreeing to represent it.
Types of Damages Recognized By British Columbia Law
As previously mentioned, tort claims and the resulting compensation are there to support you in your efforts to get back to the state of health you would have been in if the accident and linked injuries had never happened.
To do this, British Columbia law acknowledges a wide variety of damages which can occur under different circumstances, thus allowing people to be compensated regardless of the specifics of their case. There are two broad columns under which all these different damages are categorized: pecuniary damages and non-pecuniary damages.
These are the type of damages which compensate for the aftermath of an injury. However, to claim these, the expenses of your treatment and recovery will have to be easily quantifiable – for example through bills or other documented evidence you have already gathered. Pecuniary damages most commonly include:
• medical expenses
• lost wages
• lost earning capacity
• automobile repairs
Past pecuniary damages are easy to prove and receive compensation for, but future damages are more complex. The end result can only be an estimate, but they are not allowed to be based on speculations alone. You will still need evidence and documentation so an estimate can even be made.