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Erik MagrakenThis Blog is authored by British Columbia ICBC injury claims lawyer Erik Magraken. Erik is a partner with the British Columbia personal injury law-firm MacIsaac & Company. He restricts his practice exclusively to plaintiff-only personal injury claims with a particular emphasis on ICBC injury claims involving orthopaedic injuries and complex soft tissue injuries. Please visit often for the latest developments in matters concerning BC personal injury claims and ICBC claims

Erik Magraken does not work for and is not affiliated in any way with the Insurance Corporation of British Columbia (ICBC). Please note that this blog is for information only and is not claim-specific legal advice.  Erik can only provide legal advice to clients. Please click here to arrange a free consultation.

Posts Tagged ‘Bariesheff v. Bennett’

$25,000 Non-Pecuniary Assessment for Multiple Rib Fractures

August 27th, 2014

Reasons for judgement were released today by the BC Supreme Court, Vernon Registry, assessing damages for multiple rib fractures caused by a collision.

In today’s case (Bariesheff v. Bennett) the Plaintiff was involved in a 2011 rear end collision.  Fault was admitted by the Defendant.  The plaintiff  “fractured five of her left lower ribs, more particularly the 8th to the 12th rib of the left chest wall, for which the defendant has accepted responsibility.“.

The Plaintiff alleged the crash caused a chronic low back injury as well although this was rejected by the Court.  In assessing damages for the rib injuries at $25,000 Mr. Justice Cole provided the following reasons:

[55]         The following cases provide a range of between $15,000 and $35,000 for general damages: Sinnott v. Boggs, 2007 BCCA 267; Kapelus v. Hu, 2013 BCCA 86; Mak v. Eichel, 2008 BCSC 1102; Sun v. Sukhan, 2012 BCSC 365; Currie v. McKinnon, 2012 BCSC 698; De Abreu v. Huang, 2013 BCSC 398.

[56]         I have taken into account the relatively young age of the plaintiff, the fact that she missed her graduating ceremonies to a great extent, which was an important event of her life, and that the pain, though essentially gone, persisted for about three years and is still tender to the touch. I am satisfied that an appropriate award for general damages is $25,000.