Everyone knows that in Canada, if you are a victim of a traffic accident, you can often get a lot of compensation. However, the "expensive" amount of compensation is often beyond the limits of everyone's imagination:
Today, a decision by the Supreme Court of British Columbia sparked a lot of media coverage: a woman who was hit by a car outside a restaurant in Victoria was awarded up to $1.4 million in damages!
Not only was the amount of money involved, but the situation was also complicated: in 2018, Shelly Ann Roy Noel, a 39-year-old Victorian woman at the time, was hit by a GMC Sierra truck outside the restaurant by a driver named Christopher Mark Buckle.
In the second year of the case, Christopher, the driver who caused the accident, died for the cause, but the cause of death was not related to the case or the previous car accident, and the court did not announce it.
As a result, Shelly had no choice but to enforce the lawsuit against Christopher's executor, his parents (of course, the de facto indemnity party is known to everyone to be ICBC), which led to a complicated case that dragged on and on, until nearly 6 years after the incident.
Is the amount so high, is the injury serious?
With a compensation of 1.4 million, I believe everyone will think that the injuries in the crash are very serious, but in fact, the plaintiff Shelly is not in danger of life, nor has a fracture or disability, but a slight brain trauma.
But Shelly said in the lawsuit: "It started out as a traumatic brain injury, then I had permanent pain, lethargy, distraction, anxiety, hopelessness and even suicidal thoughts." ”
"I have tinnitus from time to time, I have balance problems, my vision is blurred, I have traumatic stress disorder, and I suffer from depression," Shelly describes. From the perspective of the car accident, she was obviously only a minor injury, but in her description, it was like "losing her vitality." ”
"When the GMC pickup truck crashed in, my first instinct was to protect my grandmother, who was in the passenger seat, and it scared my mind." And it was later found that Christopher, the driver who caused the accident, was drunk driving at the time and was fully responsible.
Judge: The description is true, and the compensation is reasonable
There are many onlookers who think that Shelly is exaggerating his injuries, obviously minor injuries, and he didn't even bleed much at the time, why did he get such a high compensation? But B.C. Supreme Court Justice David Crerar said Shelly's account was true and the damages were reasonable.
The judge's exact words were: "Shelly did suffer from permanent pain as a result of the car accident, not just physically, but psychologically as well. After the incident, she closed the nursery because she could no longer work, and the loss was incalculable. ”
The judge also pointed out that the illness described by Shelly had been supported and confirmed by medical experts, and even the medical experts convened by ICBC itself said that it was "not exaggerated". ICBC's lawyers also stated that "the plaintiff is unable to work full-time and requires ongoing medical intervention." ”
In fact, the plaintiff, Shelly, even felt that 1.4 million was a bit less, and her initial appeal was 1.9 million, including 41,300 psilocybin for lifelong treatment, saying, "If I don't get treatment, I often want to kill myself." ”
1.4 million, what fees are included?
Now that both the ICBC and the judge have conceded it, onlookers must not have any more criticism. The next question that everyone is concerned about is: what part of the cost is included in the 1.4 million, and how much does each part cost?
After the verdict, Judge David Crerar was frank:
Psilocybin treatment cost: $8042;
Future loss of earning capacity expense: $902,500;
Non-Monetary Loss Expenses: $220,000;
Future Care Costs: $367,916;
Past Lost Wage Expense: $151,098
After reading it, some netizens said: "Although it may be rude to say this, Shelly did exchange for a life that could lie flat at the age of 40 at a relatively small price...... I believe that this compensation of more than one million yuan can make her state much better. ”
In fact, it is not uncommon in Canada and the United States to receive huge amounts of compensation for car accidents and other reasons, and people are generally troubled and do not understand that it is this kind of "seemingly innocent injury, but under the official certification and their own description, the condition becomes very serious, so as to get a huge amount of compensation." ”
What is 1.4 million? Let's take a look at the 15 million ones
1.4 million, has already made you feel shocked? An incident that happened last year will make you "shocked": it took 15 years for the Greater Vancouver man to get 15 million Canadian dollars from ICBC!
On 30 March 2008, Arshdeep Singh Sidhu, then a 9-year-old resident of Apotsford, was seriously injured when he was in a serious collision with a large truck at an intersection in the vehicle driven by his parents. The truck driver, Jan Abram, was found to be driving intoxicated and did not stop in front of the Stop sign, but was speeding up.
当时醉酒司机Jain Abram的血液酒精含量,是法定限制的3倍,撞向了Arshdeep Singh Sidhu的车,导致Arshdeep Singh Sidhu脊髓断裂.
Although the victim Sidhu survived, he was paralyzed for life at a young age and lived a miserable life. What he didn't expect was that the legal procedures and claims procedures for this car accident took more than 10 years, and the results were only available recently!
The judge ruled that the victim Sidhu could receive $15 million from ICBC for all damages, including future care, of which $13 million was for future care.
But this incident, people think it is more reasonable, after all, lifelong paralysis is a life-and-death experience for many people, and no amount of money can bring them back to life.
What do you think about the huge compensation for car accidents in Canada? Do you think the rules are reasonable, or are they still debatable?