Vincent works full time as an office clerk, employment that brings in a net annual income of $18,000.
On his way home one afternoon, he lost control of his car on a slick expressway lane surface, causing an accident that involved three vehicles. Vincent sustained a fracture of the cervical spine which left him unable to work for four months. To help his recovery, he underwent ten physiotherapy sessions.
For what compensation from the Société does Vincent qualify?
Whether or not Vincent is at fault for the accident, he is entitled to be compensated for his injury. As for property damage, Vincent's share of blame will be set by his private insurer, according to the terms of his third-party liability insurance contract.
Monetary and non-monetary losses (such as pain, mental suffering and loss of enjoyment of life) are taken into consideration in assessing the consequences of injury for compensation purposes.
Since Vincent's cervical fracture prevented him from returning to work for four months, he will be paid an income replacement indemnity equivalent to 90% of his net income of $18,000 every two weeks, starting after the first seven days (including the day of the accident) of disability.
Vincent's expenses for the treatment of injury will be reimbursed. These include the physical therapy sessions he underwent in a private clinic, as well as the medication he was prescribed and other supplies, not to mention travel expenses incurred for treatment and medical follow-up.
Aftereffects of injury
There may be aftereffects such as pain, mental suffering, and loss of enjoyment of life, which are quite real although there may be no associated economic loss. If Vincent were to remain with lifelong impairment or damage to the appearance, he would be entitled to lump-sum compensation.
Even if there were no significant long-lasting consequences, Vincent could be entitled to a lump sum for the temporary aftereffects of injury.
The amount of a lump-sum indemnity is determined according to the severity of injuries sustained and their consequences, in accordance with regulations..