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Vancouver ICBC Injury Lawyers

Personal Injury Lawyers, Surrey and VancouverThe MacLean Law Vancouver ICBC injury lawyers handle minor to catastrophic Vancouver personal injury claims regarding personal injuries our clients suffer. We are warm and compassionate with their clients.  In contrast, adjusters and defence lawyers find them to be firm, no nonsense negotiators for the best damage award settlement for their clients. If want a team of tireless Vancouver ICBC injury lawyers on your side, call us directly at 604-576-5400. In the recent case of Chong v Lee the BC Supreme Court dealt with the legal test for what happens when an injured person is incapable or less capable of caring for themselves and their family. Here is a quick summary of what you must prove in BC to receive compensation for your losses in this regard.

Loss of Past and Future Homemaking Capacity The Law [203]     In Kroeker v. Jansen (1995), 4 B.C.L.R. (3d) 178 (C.A.), the Court  recognized that spousal services for the performance of household tasks can have an economic value for which damages may be awarded.  However, the Court, at para. 30, emphasized a cautious approach to awarding such damages. [204]     In Westbroek v. Brizuela, 2014 BCCA 48, the Court held that an award of damages for loss of homemaking capacity is distinct from possible future cost of care claims.  As the Court explained at para. 74: I agree that the trial judge miscategorised the homemaking award under the head of future cost of care damages. In O’Connell v. Yung, 2012 BCCA 57 at paras. 59−68, this Court clarified that homemaking costs, properly considered, are awarded for loss of capacity and are distinct from possible future cost of care claims. An award ordered for homemaking is for the value of the work that would have been done by the plaintiff but which he or she is incapable of performing because of the injuries at issue. The plaintiff has lost an asset: his or her ability to perform household tasks that would have been of value to him or herself as well as others in the family unit but for the accident. This is different from future care costs where what is being compensated is the value of services that are reasonably expected to be rendered to the plaintiff rather than by the plaintiff. [Emphasis in original.] [205]     As counsel for Ms. Chong submitted in his closing argument, damages for the difficulty the plaintiff has or will have in performing her usual household tasks with less efficiency and comfort than she did before the accident, or where the tasks have never been and will never be done, or for the loss of the amenity of an orderly home may be assessed as non-pecuniary damages for loss of amenity: Frobel v. Dean, [1991] S.J. No. 374 (C.A.); McTavish v. MacGillivray (2000), 74 B.C.L.R. (3d) 281 (C.A.), 2000 BCCA 164 at para. 69.  And see also Eaton v. Regan, 2005 BCSC 3 at para. 46.

Our Vancouver ICBC injury lawyers will help ensure you get the best medical treatment and the highest possible Vancouver and BC personal injury settlement. Contact us now we will meet you at whatever location works best for you including at the hospital. ICBC has professional adjusters who work hard to help ICBC and you need someone on your side to fight just as hard for you. Our Vancouver ICBC injury lawyers are experienced and have a track record of success. Meet with our team- you’ll be glad you did.



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