$50,000 Non-Pecuniary Assessment for Chronic Intermittent Lower Back Pain
Short and to the point reasons for judgement were released earlier this week by the BC Supreme Court, Vancouver Registry, assessing non-pecuniary damages for a chronic low back injury.
In the recent case (Wong v. Robillo) the Plaintiff was involved in a 2010 collision which resulted in a “severe” impact. ¬†Liability was admitted. ¬†The Plaintiff suffered a neck injury which largely improved and a lower back soft tissue injury which became chronic and posed ongoing, intermittent difficulties by the time of trial. ¬†In assessing non-pecuniary damages at $50,000 Mr. Justice Wong provided the following reasons:
¬†¬†¬†¬†¬†¬†¬†¬†¬†The plaintiff still has chronic intermittent lower back pain which affects his endurance and prolonged walking or sitting.¬† Although he is able to carry out most household chores, it is with discomfort.¬† He has dramatically improved, but he has had to live with chronic intermittent pain, anxiety, and uncertainty for almost three years.¬† I would assess his pain and loss of personal amenities past and future at $50,000.