Sentences with phrase «head of damage»

You may be entitled to more for other heads of damages like out of pocket expenses, loss of income, loss of house keeping capacity, future care, etc..

As a result of your injuries, a number of heads of damages may be available to you, depending on the seriousness of your injuries.

However, certain ways in which your enjoyment of life has been affected might be claimed for under a separate head of damage called «loss of enjoyment».

The usual heads of damages available in ordinary injury claims are also available in municipal claims.

The minor injury cap does not limit other heads of damages such as loss of income, cost of care, loss of housekeeping capacity or out of pocket expenses.

Many of us assumed reasonably that this would be an additional head of damages claimed, given the modest amount recognized by the court as reasonable for privacy breaches.

One of the more intriguing applications is where these small heads of damages can be advanced in the aggregate, namely in through class proceedings.

The report recommends that legislation should require the expert panel and the lord chancellor to consider whether to set different discount rates for different periods of loss or different heads of damage.

This is somewhat related to loss of housekeeping but is actually a separate head of damage.

The law has recently evolved in this area to include a separate head of damage for a percentage of the population who do not necessarily earn wages but contribute to their household in other ways.

They handle the tort part of your claim, which includes, but is not limited to, damages for pain and suffering, past / future loss of income, loss of competitive advantage, Family Law Act Claims or any other heads of damages which are not covered by accident benefits.

The court dealt with the issue of double - recovery by citing Bannon v. McNeely and Jang v. Jang, which indicated that deductions should only be made when the benefit corresponds with a particular claim for damages, and only deducting from the particular head of damages involved,

«He did not invent an additional head of damage in an otherwise legitimate claim.

The only head of damages involving uncertainty was non-pecuniary damages.

Ontario judge allows insured to amend claim to include additional policies and new heads of damages after expiry of limitation period

In our opinion, therefore, an order that the AGC pay $ 1,900,000 after the AGQ had paid $ 1,100,000 under the same head of damages would be disproportionate.

In Chow v. Nolan, the Plaintiff was injured in a motor vehicle collision, and consequently brought an ICBC claim for many heads of damages, including pain and suffering, diminished earning capacity, and loss of housekeeping capacity.

For advice on what heads of damages you might be entitled to after an accident, call Filkow Law for an initial consultation.

His argument appeared to finally rest with the proposition that if the plaintiff's cultural background could be causally related to a specific head of damage then the court should take that into account in assessing those particular damages.

Pain and Suffering is awarded under the legal head of damage called «Non-Pecuniary Loss».

Loss of congenial employment is considered to be a distinct head of damage, however.

Most injured claimants believe you can only claim for pain and suffering, as well as income loss, when in fact you can claim for many more heads of damages, as your plaintiff ICBC lawyer will advise you.

At trial, the Plaintiff was awarded numerous heads of damages, including the costs of future care in the amount of $ 20,000.00.

These cases have the potential to be successful on the basis of intrusion upon seclusion without reliance on other heads of damages at all, which completely transforms the risk assessment for employers and administrators.

Maloney HHJ stated: «A claimant should not be exposed to costs liability merely because he is shown to have been dishonest as to some collateral matter or perhaps as to some minor, self contained head of damage.

Loss of Inter-Dependent Relationship — an Emerging Head of Damages, The Oatley - McLeish Guide to Motor Vehicle Litigation, Law Society of Upper Canada, Friday, March, 2010

When you file a claim, there are a number of heads of damages that you may be able to collect, including but not limited to:

Income loss is just one of several heads of damages that can be claimed in a lawsuit or Accident Benefits claim.

The Ontario Court of Appeal's recent decision in Strudwick v. Applied Consumer & Clinical Evaluations Inc. («Strudwick») provides a useful clarification to all litigants, but especially those concerned with employment law matters, on the nature of various heads of damages and the general rule that «You don't get what you don't ask for.»

The effect of being statute barred from an ICBC claim is significant because WorkSafe BC does not provide compensation for many of the same heads of damages that you may otherwise be entitled to with ICBC.

They will fall under other heads of damage (such as loss of earnings

The Alberta Insurance Act provided, in part, at s. 626.1 (now s. 570) that an award for a head of damages for which the claimant received benefits under a prescribed income continuation or replacement plan, or an income replacement plan or scheme, must be reduced by the aggregate of all payments both before and after the award.

This head of damage is intended to compensate the Claimant not only for the pain and suffering caused by the injury but also for the impact of the injury on the Claimant's enjoyment of life.

You might feel that some of the effects of these different losses (or «heads of damage» as they are called) might overlap.

In total $ 61,410.88 was allowed to the father and stepmother for their services under this head of damages.

This is another head of damage which considers «what might have been» had the accident not affected your working life.

The legal term for this head of damage is «loss of congenial employment».

When all other heads of damages were included the Plaintiff received an award of $ 516,398.00, over four times ICBC's «last, best offer»!

For example, loss of earnings would be considered as one head of damage, «physiotherapy treatment» would be another.

This head of damage is one which most people rarely think about when making a claim.

The purpose of this article is to outline (a) the relevant legislative provisions relating to personal injury claims in Dubai; (b) the heads of damages which are recoverable for personal injury claims brought in Dubai; and (c) the amount of damages ordinarily recoverable in respect of those heads of damages.

Discusses the legislative basis for claims for personal injury and also examines the heads of damage recoverable for personal injury in Dubai.

Physical and material damages, moral damages, loss of earnings, loss of opportunity and potential future damages are all heads of damages recognised by the Dubai Courts.

[1] Basandra also stated that a trial judge could parse out the specific benefits from a lump sum jury award if the jury did not separate out the heads of damage.

Loss of earnings is, therefore, recognised as a head of damage under UAE law, and can potentially be compensated by the Dubai Courts.