Seeking compensation for injuries and damages in an accident
This article discusses obtaining compensation after a car accident.
One thing that most people can count on is that life is unpredictable. Whether it’s a trip to the store, the commute to work or a Sunday drive, every time people get into a vehicle and take to the road, the potential for an accident exists. Depending on the nature of the crash, serious injuries could result.
In the first days after an accident, people don’t often consider the costs associated with their medical treatment, any physical therapy needed or the wages lost during recovery. However, at some point, those financial losses will take a toll. Taking the right steps during this time could mean receiving much-needed compensation.
Insurance benefits may be available
Owning a vehicle here in British Columbia comes with the obligation to purchase even basic insurance coverage from the Insurance Corporation of British Columbia. If a driver ends up injured in an accident, he or she may file a claim for accident benefits under this insurance regardless of fault. Possible benefits include the following:
· Medical expenses associated with the accident
· Rehabilitation costs during recovery
· Total disability benefits up to $300 per week while unable to work
Even if a driver caused the accident, ICBC may cover these basic financial needs. ICBC may offer the injured party a settlement; however, accepting it might not be the best course of action. Accepting a settlement means that the injured party releases ICBC from any further claims regarding the particular incident. Numerous factors need consideration first, especially if the victim does not yet know the extent of his or her injuries, whether a full recovery is possible, and how long the recovery process may take.
If the other driver was at fault or partially at fault
If the other driver caused the accident, or both drivers share fault in what happened, the victim may be able to pursue additional compensation for the following damages:
· Out-of-pocket expenses
· Pain and suffering
· Past and future lost income
· Future medical care needs
Victims may also seek other damages depending on the situation as well. The goal of a tort claim is to restore the injured party to the monetary position he or she would have been in if not for the accident.
Receiving benefits can be unpredictable, too
Depending on the circumstances surrounding the accident, ICBC may deny benefits. In addition, the outcome of a tort claim against the other driver doesn’t come with a guarantee of success. Moreover, understanding the process and knowing what damages to seek often requires an understanding of the law.
Dealing with these issues can quickly become frustrating, especially while trying to focus on recovering from injuries. The injured party may want to seek out the advice and assistance of a lawyer to help answer these and other critical questions. A review of one’s case could reveal the options available for receiving much-needed compensation through ICBC and a tort claim, if the situation allows for the filing of one. Having an experienced lawyer as an advocate could make all the difference.
Contact Oliver Hui for a free consultation.