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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 ‘Dosangh v. Xie’

$70,000 Non-Pecuniary Assessment for Chronic, Non-Debilitating Soft Tissue Injuries

October 30th, 2017

Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, assessing damages for chronic soft tissue injuries following a vehicle collision.

In the recent case (Dosangh v. Xie) the Plaintiff was involved in a rear-end collision in 2013.  The Defendant admitted fault.  The crash caused soft-tissue injuries which lingered to the time of trial and had a guarded prognosis for full recovery.  In assessing non-pecuniary damages at $70,000 Mr. Justice Weatherill provided the following reasons:

[96]         I accept that the plaintiff continues to suffer the consequences of the Accident and that her condition has developed into one of chronic pain, the severity of which depends on her level of activity, particularly at work and at home. The more active she is and the more she pushes herself, the more significant her pain.

[97]         But, I also find that the plaintiff is moving in a positive direction in terms of her recovery despite her daughter’s and Ms. Hundal’s evidence to the contrary. My assessment is that they were both doing their best to help the plaintiff’s case and were perhaps not as objective as they could have been…

[101]     I accept that the plaintiff received soft tissue type injuries in the Accident that have not resolved. I accept that she continues to be in pain, although not the type of pain that is debilitating. The plaintiff is able to function at work and at home, but with ongoing limitations. She can perform the duties she did before the Accident, but in pain, some days worse than others.

[102]     The fact that the pain moves around her body depending on what she is doing, for example from the left shoulder to the right shoulder and back depending on if she is over-using an area, is, in my view, not overly significant. That is the nature of chronic pain, which could be non-organic and psychologically based.

[103]     I accept that the past four years since the Accident have taken a toll on the plaintiff. She struck me as somewhat of a perfectionist at work and at home and she has been unable to meet her own expectations. Her energy is reduced. That has no doubt affected her psychologically resulting in her depressed mood…

[108]     In the end, the assessment of general damages is based on the individual plaintiff and how the injuries have affected him or her physically, psychologically, vocationally, socially and recreationally. I have considered the plaintiff’s particular circumstances here, the fact the Accident occurred over 4 years ago, my assessment of the plaintiff as a witness, the chronicity of her pain together with the fact that she is improving but with a somewhat guarded prognosis. I am satisfied that with the continued counselling and therapies that I am ordering, she will continue to improve, will continue to function, but will experience ongoing pain to some degree.

[109]     I assess general damages at $70,000.