Seeking advice about the value of an ICBC claim? As a lawyer I am often asked whether there is list to go to find out how much a particular personal injury is worth. Essentially a list of body parts and corresponding compensation amounts for each area of the body. For example, $25,000 for whiplash to the neck and $50,000 for a knee injury. Well, I’m writing this article to tell you it does not exist, not in British Columbia.
Compensation for pain and suffering, disability, inconvenience, disfigurement, loss of enjoyment of life and loss of expectation of life is referred to as ” non-pecuniary” loss. An award for these kinds of losses have a different purpose than money for loss of income or out of pocket expenses. There is no formula in which a injury to one part of the body results in a fixed and certain money recovery. A fair and reasonable amount must be custom made by the judge or jury for every injury claimant.
The courts consider what the claimant can do with the money when deciding the amount to award. One purpose of this award is to provide money for amenities in place of ones that have been lost.
The award for pain and suffering is meant to compensate for the pain and suffering experienced after the car accident and into the future. Compensation is also provided for the negative effect of the injuries on the claimant’s enjoyment of life.
If there is a chart to find out how much an injury case is worth it’s the accepted list of factors to consider when valuing an award for pain and suffering created by the British Columbia Court of Appeal.
Accidents after April 1, 2019 may have limits on pain and suffering and care costs.