Sentences with phrase «heads of damages»

In particular, the appellants submitted SB's cognitive and behavioural issues were not entirely caused by the birth injury and that the claims under various heads of damages were excessive.

For an explanation on the various heads of damages in a non-fatal accident claim, see What Does heads of Damages Mean.

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.

The law permits recovery of all heads of damages on behalf of immediate family members, under the Family Law Act, including payment for loss of care, guidance and companionship, lost wages, medical bills, and costs of care.

The plaintiff described the heads of damages she would advance at the trial and advised that the offer took into account «Part 7 Benefits paid or payable pursuant to Section 83 of the Insurance (Vehicle) Act».

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

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

These heads of damages are not available if you caused the accident.

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.

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

In Gignac v. Rozylo et al., the Plaintiff was injured in a motor vehicle accident, and brought an ICBC claim for damages for pain and suffering, as well as other heads of damages, such as future care.

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

In Rollheiser v. Rollheiser, the Plaintiff was injured in a car accident, and brought an ICBC claim for several heads of damages, including pain and suffering, loss of income, diminished earning capacity, cost of future care, and loss of housekeeping capacity.

The Plaintiff brought an ICBC claim for several heads of damages, including pain and suffering, loss of income, diminished earning capacity, cost of future care, and loss of housekeeping capacity.

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.

We aggressively pursue all heads of damages available in law to fairly compensate you — not just for pain and suffering, but for loss of income, out - of - pocket expenses, housekeeping losses, costs of future care, etc..

In Russell v. Parks, the Plaintiff was injured in a car accident, and brought an ICBC claim for several heads of damages, including pain and suffering, cost of future care, diminished earning capacity, and past diminished earning capacity.

Several heads of damages may come into play in assessing the value of your claim, including damages for pain and suffering, out - of - pocket expenses like parking and mileage to and from treatment, past wage loss, loss of future earning capacity or lost opportunities to earn income, loss of housekeeping capacity, and costs of future medical care.

Accordingly, I would reduce the non-pecuniary damages as well as some other heads of damages by 25 % to reflect this failure and set them at $ 30,000.

Awards made under these heads of damages will vary depending on the severity and duration of your injuries, but factors like your age, profession, income, and your health before the accident are all likely to impact the value of your claim.

This is not because you are being over paid, rather it is because you are recovering all heads of damages and getting awards that are appropriate for you injuries.

[6] The plaintiff claims against the defendant under all heads of damages for his personal injuries, in the total sum of $ 739,664.

All - inclusive settlement If your claim is settled on an «all - inclusive» basis, the amount we recover includes compensation for all heads of damages, costs and disbursements.

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:

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.

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.»

In considering the appellate judge's reasons for decision, it is helpful to review the trial judges» findings under the other heads of damages.

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

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»!

An Ontario judge recently permitted an insured to amend its claim after the limitation period had expired, to plead additional insurance policies that applied to the same claim and new heads of damages.

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

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.

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

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.

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

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

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».

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

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

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

[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.

In that decision, the court determined the substantive / procedural divide in a choice of law case, equally applicable here: «Remoteness and heads of damage are questions of substance governed by the lex loci delicti, whereas the quantification or measurement of damages is a question of procedure governed by the lex fori.»

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.

In Demedeiros, the head of damage was compensated in the sum of $ 180,000.

ICBC is loathe to pay such a claim, however there is a good possibility that a court would award you compensation under this head of damage.

For example, if your spouse can no longer be the companion to you that he or she once was, traveling with you, participating in your usual recreational activities, and sharing your customary enjoyments, this can fall within the «loss of consortium» head of damages.

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.

This head of damage represents compensation for pain and suffering, and loss of enjoyment of life.