If you have been injured in a motor vehicle accident or a slip and fall incident, in New Brunswick, you may be entitled to compensation. To be successful in a claim for these types of actions, you must be able to prove that someone was at fault for the incident; and what injuries and losses were caused by the incident.
The information below is not intended to be legal advice. Compensation is assessed on a case by case basis, and depends on the unique facts of each claim. It is important to consult a lawyer if you have been involved in a motor vehicle accident or slip and fall for more detailed information and for legal advice. The following are types of compensation that may be available if you are injured as the result of a motor vehicle or slip and fall.
Special Damages
Special damages includes any out-of-pocket losses or expenses as a result of the accident/incident. This can include expenses related to:
- physical therapies (including physiotherapy, massage therapy, etc.)
- medication
- mileage to and from medical or therapy appointments
- medical devices/aides
- anything else prescribed by a doctor
Past Loss of Income
If you have missed time off work as a result of the accident or incident, you may be entitled to compensation to replace any wages or sick time lost.
General Damages
Most motor vehicle accident or slip and fall claims include an amount called general damages. General damages compensate for pain, suffering, and the loss of ability to do activities. This type of compensation is assessed by looking at amounts awarded in previous cases. The Supreme Court of Canada has put an upper limit, $100,000, on the amount that can be claimed in this category. This amount is adjusted for inflation, and today amounts to approximately $400,000.
Loss of Valuable Services
If at any time following the accident/incident, you are unable to do your usual chores in or around the home, you are entitled to compensation for this loss. The amount of compensation is calculated by determining the number of hours, both past and future, that you can no longer do these chores. These hours are then multiplied by the replacement cost for these services.
Future Loss of Income or Diminution of Earning Capacity
If, because of your injuries, you are no longer able to work, or your ability to work has been reduced, you are likely entitled to amounts for future loss of income or future diminution of earning capacity. The calculation for this type of compensation can be complex, as it involves assessing what your future employment trajectory would have looked like prior to the accident/incident, versus the likely trajectory as a result of the accident/incident.
Future Cost of Care
You may continue to require treatment, medication, or other prescribed aides in the future and you may be entitled to compensation for these potential future expenses.
In addition to these types of compensation, you may also be entitled to things like interest, disbursements, and costs. Melanson Law can walk you through the types of compensation that may be available to you after a motor vehicle accident or a slip and fall. It can also often be difficult to get the compensation you deserve from an insurance company or Defendant. Melanson Law can fight for you to get you the compensation you deserve.
