A claimants’s emotional pain from learning about the death of a loved one in a car crash is typically insufficient to make the legal connection for compensation with ICBC. In this article I am addressing injury claims that friends and family members of car accident victims make against ICBC for emotional trauma. Also watch my short video about claiming money for stress after a car accident.
Court awards for pain and suffering can however include compensation for a psychiatric injury and car accident claims against ICBC are not limited to physical injuries. However, money for nervous shock cannot be awarded without exposure to a “shocking” experience rather than just to one of its consequences.
The law in British Columbia requires that a claimant, in order to succeed in getting compensation for stress after a car accident, to experience something more than the surprise and other emotional responses that naturally flow from learning of the death of a friend or relative. There must be something more than grief, sorrow and loss that ordinarily follow the receipt of such information. The experience must be alarming and startling (and therefore sudden and unexpected), horrifying, shocking and frightening. Judge Southin referred to it as “fright, terror or horror”.
Many eminent judges in BC have extended the immediate aftermath of a casualty to the hospital however attending almost immediately at the hospital for the purpose of identifying the body of a deceased relative falls outside the “aftermath” of a car accident and will not usually result in compensation. Take a read of my article about compensation for nervous shock after car accident.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A., LL.B.
"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.