Your ICBC tort claim (i.e. the claim against the driver who caused the accident) includes all the damages that you’ve suffered as a result of the accident. The law divides these damages into categories, sometimes referred to as “heads of damages”:
- Non-pecuniary Loss: Also referred to as “pain and suffering”, this represents the court’s attempt to place a number on all the intangibles consequences to you of the accident.
- Past Wage Loss: This covers all the loss of earnings from the date of the accident until trial.
- Future Loss of Earning Capacity: This covers all potential loss of earnings after the date of trial.
- Future Cost of Care: If you may require medical treatment or other help after the date of trial, it is considered a future cost of care.
- Loss of Housekeeping Services: This recognizes that homemakers provide a valuable service and so it provides compensation to the extent that they are unable to perform household duties.
- In Trust: This compensates friends and family members who put significant work into caring for you while you are injured.
- Special Damages: These are all the miscellaneous expenses, such as medications, treatment fees, travel expenses and any other measurable expense incurred due to the accident.
- Tax gross up & Management Fees: If you will be unemployed or require significant medical care after trial, your award may be increased to cover taxes and investment management fees.
- Costs and Disbursements: BC courts require the losing party to pay the winning party: a penalty based on the difficulty of the lawsuit (costs), and the expenses incurred to run the lawsuit (disbursements).
Other heads of damage not listed here include: aggravated & punitive damages, vehicle damages, and pre- and post-judgment interest.