In British Columbia, the costs of treating these injuries are increasing, which makes it more likely ICBC will fight for every dime and nickel it has and for a victim to seek compensation through the courts through the assistance of personal injury lawyers.
Anyone that has been injured in a serious motor vehicle accident should contact a personal injury lawyer. However, before they do so, they should also understand the process of submitting a claim to ICBC and how much they will likely receive as compensation.
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. For the average settlement for a car accident, a good rule people generally use is to assume three times the cost of your medical bills.
Since ICBC usually pays for your medical bills and car repairs, pain and suffering is the only part of the settlement that will be determined by the court. To determine the exact amount, the judge looks at the type of injury diagnosed, the kind of treatment, duration of therapy, pre-existing conditions, severity of the crash, and wage loss due to time spent in the hospital and rehab. Your settlement would be larger if you were not at fault for the accident.
You should determine if the injuries caused by the crash will be permanent before you settle. No settlement will be offered or made until you are finished with your medical treatment. So when you speak with the insurance company, tell them you are still having medical treatment.
Common Settlements And Compensation Awarded
In British Columbia, settlements are more common than jury-awarded compensation because most trials don’t go to for the entire length. In fact, thankfully of taxpayers, 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.
One quick guideline if you want to get a rough estimate of how much to expect from a car accident settlement, add up your expenses for medical bills, car repairs and lost wages. Multiply that sum by three.
For example, let’s say that you sustained whiplash in an automobile accident and paid $10,000 in physiotherapy and chiropractor treatment. You were out of work for a month, which made you lose approximately $4,000 in income.
You can expect your average car accident settlement might be approximately $30,000 but there might be other factors to consider which a good personal injury lawyer should be able to bring to the court’s attention.
The settlement is generally higher for more severe or permanent injuries. You’ll also get paid more if the other driver was found to be driving under the influence.
However, a variety of factors go into deciding the average settlement for a car accident. Again speak with a lawyer before calculating.