When you are injured in a motor vehicle accident, one of the heads of damages you can claim is the Loss of Housekeeping Capacity damage award. The question is, how do you quantify the loss of housekeeping capacity head of damages. Let’s say you have a serious back injury with nerve root involvement. This will definitely affect your ability to do household chores. In addition to having medical and occupational therapy evidence from a “Functional Capacity Evaluation” documenting that you can no longer perform your normal household chores, the victim will have to find the appropriate replacement hourly rate for housekeepers in the area in which you live. For example, if you live in Sylvan Lake, Alberta, contact local housekeeping companies and individuals advertising on say, Kijjiji, and determine what they charge per hour.
Then you must determine how many hours per week you can no longer perform housekeeping. This may be based on statistical research or a diary of household activities you did before the accident versus what you can do now after the accident. With the diary you can form a quick realistic assessment of the number of hours of housekeeping chores you can no longer do per week. This can also be compared to quantum experts individual specific housekeeping hours from the Statistics Canada’s time use data.
Then your personal injury lawyer will review the special contingencies for housekeeping loss awards and make adjustments. The personal injury lawyer will also review the case law on the “productivity” adjustment and compare your case to the case law on loss of housekeeping awards to arrive at a legal opinion as to the likely value of your loss of housekeeping claim past and into the future.
The loss of housekeeping into the future must be supported by medical evidence stating that you will have ongoing impairments in your physical ability for a certain period of time.
The loss of housekeeping capacity claim is addition to other heads of damages you can claim such as general damages for pain and suffering, which is the main head of damages, loss of wages past and future, and out of pocket expenses for treatment past and future.
Contact Handel Law Firm today for a free initial consultation about your motor vehicle accident damage claim.