Unfortunately, there are roughly 1,500 deaths from automotive accidents in Canada each year and over 110, 000 serious injuries resulting in insurance claims.
In B.C., due to a number of different factors, the costs of treating these injuries are increasing, which makes it more likely ICBC will fight you for every dollar. In addition, ICBC has put at $5,500 limit on pain and suffering for so-called minor injuries. What does that mean? According to the ICBC website, they are working to develop a clear, legal definition and is expected to include sprains, strains, general aches and pains, cuts and bruises, stress, and mental anxiety. Should you be concerned about their definition? We think so. Anyone that has been injured in a serious motor vehicle accident should contact a personal injury lawyer to ensure they get the money they are entitled and nothing is left on the table.
How To Estimate An Auto Injury Settlement
Calculating an automobile injury is, for the most part, straightforward. However, the unknown factor is always how much you will get for pain and suffering – which we’ve mentioned are about to be capped for minor injuries. For example, for a minor accident, you can generally expect between $500-$5,000, for automotive repairs and for a major accident it can usually range between $50,000-$100,000.
To determine the exact amount a claimant should receive, the court looks at the extent of an injury, the kind of treatment needed, duration of therapy, out of pocket expenses and wage loss due to time spent in the hospital and rehab.
Common Settlements And Compensation Awarded
In British Columbia, settlements are more common than court-awarded compensation. In fact, thankfully for taxpayers who pay ICBC premiums, 97% of cases do not go to trial and settle before their hearing date.
For most automobile accident victims, the median compensation is approximately $56,500 which means if your case is average, you’ll likely receive somewhere in that ballpark. However, talk to a lawyer because he or she will be able to give you a better estimate based on their experience and your particular case. You can also look at past judgments which are all available online for you to view which will also give you an idea of how much you can expect.
There is another rough guideline if you want to get an estimate of how much to expect from a car accident settlement: add up your expenses for medical bills, car repairs, and lost wages then multiply that sum by three.
For example, let’s say that you sustained whiplash in an automobile accident and paid $5,000 in physiotherapy and chiropractor treatment. Your car repairs were $10,000 and you were out of work for a month, which made your loss of income approximately $3,000.
You can expect your average car accident settlement might be approximately $54,000. However, we stress there might be other factors to consider which is why you should talk to a good personal injury lawyer. Each case is different and never assume your accident is average! The settlement is generally higher for more severe or permanent injuries, again depending on what you’re awarded for pain and suffering.
Should You Call A Lawyer If You’re In A Car Accident?
Working with a trusted automobile accident lawyer can help you receive fair compensation. What you end up with may be more than the amount of money that the ICBC initially offered you on your own. A personal injury attorney will help you present every detail about your case to the ICBC lawyer, judge or jury and will point out details you may have missed or that ICBC might want to hide from you.
Give us a call at SB Law at 1-888-907-2529 and we will be able to answer all your questions about your automobile accident.