In British Columbia, the legal system includes a channel by which an injured victim can seek compensation from some person or business that has injured the individual that has chosen to file a personal injury claim. Such a law is meant to provide the injured person with a way to become whole again.
The most-recognized losses: An injury, damage to property or loss of earnings, due to loss of ability to carry out job responsibilities.
Possible additional losses: Loss of housekeeping capacity or loss of the ability to care for children.
In British Columbia the victim that has suffered such a loss can get compensated in 2 different ways.
If tort law will be used to seek compensation, the plaintiff must prove the existence of the loss. Only then will the court grant the requested award. If a personal injury claim has been filed, in order to seek the desired compensation, the plaintiff can claim a loss in the past, as well as one in the future. In addition, a victim might be able to money for the treatment of psychiatric of psychological problems. Of course, it must be shown that such problems developed following the injury-causing accident.
Recognizing the meaning of the law’s purpose: to make the victim whole again
Someone that performs housekeeping chores or cares for children in a home, handles those jobs that cannot be done by someone that must go to a workplace, in order to earn a living. Whenever anyone that performs housekeeping chores or cares for children has achieved wholeness, he or she contributes to the satisfactory completion of each day’s activities. Consequently, that same person’s loss of housekeeping capacity or loss of the ability to deliver childcare services disrupts those same activities.
If a wage earner must stay home, in order to carry out household chores, the family gets deprived of one source of income. That keeps the family members from enjoying a satisfactory/whole life. For that reason, the legal system has arranged for victims that have suffered the loss of housekeeping capacity or the loss of the ability to care for children to be compensated under provisions of both tort law and personal injury law.
The personal injury lawyer in St John’s has already acknowledged the fact that an injury can concern damage to the mind or the emotions, as well as to the body. For that reason, someone that claims loss of housekeeping capacity can get compensated for money spent on the treatment of psychiatric or psychological problems.
By the same token, the household chores need to get done every day. For that reason, a claim for loss of housekeeping capacity covers both losses in the past and those expected in the future.