ICBC Law

BC Injury Law and ICBC Claims Blog

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 ‘Chronic Intermittent Soft Tissue Injury’

$40,000 Non-Pecuniary Assessment for Lingering “Intermittent” Soft Tissue Injuries

July 18th, 2013

Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, assessing damages for lingering intermittent soft tissue injuries.

In last week’s case (Wilson v. Honda Canada Financial Inc.) the Plaintiff was involved in a 2009 rear end collision.  Fault was not at issue.   Although the Court found that there “are serious issues regarding (the Plaintiff’s) credibility”  Madam Justice Fitzpatrick concluded the Plaintiff suffered a variety of soft tissue injuries, some of which remained symptomatic on an intermittent basis at the time of trial.  In assessing non-pecuniary damages at $40,000 the Court provided the following reasons:

[75]         I conclude and find as a fact the following with respect to Mr. Wilson’s injuries:

a)    Mr. Wilson suffered soft tissue injuries to his neck, shoulder and back areas as a result of the motor vehicle accident.

b)    Mr. Wilson’s low back injuries resolved very quickly after the accident.

c)     Mr. Wilson suffered from fairly constant neck and shoulder pain and headaches for the first six months, but these symptoms gradually became more intermittent and less severe until his return to work in early 2010.

d)    By May 2010, Mr. Wilson’s neck and shoulder pain and headaches were continuing on an intermittent basis, but were continuing to improve.

e)    At the time of the trial, Mr. Wilson continued to experience pain in his neck and shoulder area and was experiencing headaches, all on a very intermittent basis.

[112]     I award the sum of $40,000 for non-pecuniary damages.


$50,000 Non-Pecuniary Assessment for Chronic Intermittent Lower Back Pain

June 25th, 2013

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:

[15]         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.