Legal Jargon 101

What Does That Legal Jargon Really Mean?

Dealing with a car accident claim can be very overwhelming. ICBC and lawyers use a lot of terms that may be confusing. Here is a general guideline to terms you’ll want to understand. If you’re ever unsure about anything, don’t hesitate to ask your lawyer or case manager for clarification.

Contingency Fee Agreement – a type of retainer (i.e. fee agreement) which is commonly used in personal injury and motor vehicle claims, in which your lawyers’ fees are set at a percentage of your settlement or award.

Family Compensation Act – where a member of a family is killed in a motor vehicle accident, a claim can be made by family members of the deceased, for loss of financial support.

Non–pecuniary damages – compensation for your pain, suffering, and loss of enjoyment of life.

Part 7 Benefits (“no–fault accident benefits”) – ICBC will reimburse you for certain expenses as they are incurred (e.g. physiotherapy, massage therapy, chiropractic treatment, medical prescriptions, replacement of income) as long as the expenses are “reasonable” and related to your accident. These expenses are available for all injured people, regardless of who caused the accident but the amounts payable are limited.

Special damages – compensation for financial losses and out–of–pocket expenses which were caused by the accident (receipts must be provided), which will be included in your settlement or award.

Statement of Claim – the legal document which is filed with the Court, setting out all of the details of your claim including information about the accident (who, what, where, and when), a list of your injuries, the losses caused by your injuries, and the amount of money you are seeking.

Statute of Limitations – a law which removes your right to sue once a specified time period has elapsed. This amount of time varies according to the type of lawsuit.

Underinsured Motorist Protection (UMP) Claims – optional additional coverage which can be purchased when you insure your vehicle, providing extra funds where the at–fault driver or vehicle owner does not have enough insurance to cover the damages awarded to you.

Writ of Summons – the legal document which is filed with the Court, stating generally who was at fault in your accident, and the type of claim that you are making.