![]() I am often asked what I think a claim is worth. At the end of the day, a claim is worth what you can get for it. But, there are a lot of variables that can go into a discussion of what a claim is worth. First, if you haven’t been damaged, you don’t have a claim. Let’s say someone behind you is texting on their phone and has to slam on their brakes to avoid hitting you while you’re stopped at a red light. You hear the squealing of tires and your car is jostled slightly when the bumpers touch. When you get out to investigate, it is clear that the car is not damaged, and neither are you. (Don’t be quick to assume, but for our hypothetical, let’s assume that there really is no damage.) Of course, you’re angry that the person is texting while driving and you’re concerned that they are going to cause a more serious accident. (You’re right, of course. Drivers engaged in text messaging on a cellular phone are far more likely to be involved in a crash or near crash event compared with non-distracted drivers.) So, can you sue them? No. Not really. You only have an action if there were damage. The person shouldn’t have been texting, and you can report that behaviour to the police, but the problem of texting while driving is a societal problem, and the person who gets to do something about it is the Queen. (No, seriously. Criminal cases are always “Her Majesty The Queen versus whomever”.) But what if the person texting and driving causes more serious damage? The easy stuff first. They have to fix or replace your car if it were damaged. Now, what about your injuries? Well, you could have been affected in all sorts of ways, including losing income, losing the ability to clean your house, and losing the ability to work and make money in the future. You may have to pay for medical treatments, hospital bills, ambulance bills, and modifications to your home or work. Your spouse may have lost out on the love and affection your life together would have provided. All of these things should be paid for by the person who caused these loses. What about your pain and suffering? The upper range for pain and suffering in Canada was determined by a group of three cases often referred to as the “Trilogy” in 1978, including Andrews v Grand & Toy Alberta Ltd. At that time, compensation for the worst kinds of injuries were capped at $100,000. A couple of years later, the Supreme Court of Canada explained in Lindal v Lindal that that $100,000 cap needs to go up with inflation over time. So, today, the upper limit you can get in Canada is about $370,000, but it will change every year. That’s the most you can get if you have been grievously injured. Examples from the trilogy include injuries like quadriplegia and brain damage resulting in vegetative states. Doesn’t seem like enough, does it? In Alberta, there is a cap on “Minor Injuries” as defined by the Minor Injury Regulation. The Cap was $4,000, and like the Trilogy cap, it goes up with inflation. In 2016, the cap is $4,956. So, there is your range for pain and suffering. If you’ve got more than trifling injuries, your injuries due to pain and suffering might be assessed at between about $5,000 and $370,000, but never more. How much can you actually get? If you go to trial and the judge thinks you contributed to your injuries, or doesn’t believe all of your injuries come from the accident (and you have to prove they did!) then potentially you could get nothing – except legal bills. If the judge believes you, and accepts that the other person is entirely to blame, you could get everything you are entitled to ask for. The fact that there is a “risk” to litigation for both you and the other party (usually represented by an insurance company) means that most of the time both parties will settle out of court. How much will you get if that happens? Without experience, that’s hard to know – those kinds of settlements aren’t public. Here's one thing you can bet on: the insurance companies will pay you the smallest settlement that they can. Comments are closed.
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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.
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