ICBC Law

In a judgment released today by the British Columbia Supreme Court, a plaintiff was awarded a total of $173,442.92 for her damages and loss as a result of a 2004 motor vehicle collision.

The Plaintiff was involved in a fairly serious rear-end collision while stopped at a red light. The Plaintiff’s vehicle was struck by a tractor-trailer causing significant damage to the Plaintiff’s vehicle.

The Plaintiff’s injuries included a soft-tissue injury to her right shoulder, sternum, rib cage and lower abdomen, as well as a mysofascial sprain affecting the neck, shoulders, and posterior cervical spine. She went on to develop myofascial pain which her treating physiatrist described as a ‘complicated
chronic pain syndrome”.

In addition to these physical injuries, evidence was presented that the Plaintiff suffered from a Panic Disorder and a Post-Traumatic Stress Disorder (PTSD) as a result of the collision.

The trial judge concluded that the injuries resulted in a partial disability which was likely going to continue into the forseeable future.

The assessed damages included $81,000 for pain and suffering, $22,700 for past wage loss, $60,000 for loss of earning capacity, $5,130 for housekeeping services, just over $1,000 for past expenses and $3,549 for future care.