$125,000 Non-Pecuniary Assessment for Fibromyalgia in ICBC Claim

Adding to this site’s archived ICBC fibromyalgia cases, reasons for judgement were released today by the BC Supreme Court, Vancouver Registry dealing with such an injury caused by a motor vehicle collision.
In today’s case (Hosseinzadeh v. Leungthe Plaintiff was involved in a 2009 collision caused by the Defendant.  She developed chronic pain/fibromyalgia as a consequence and her disabling symptoms persisted to the time of trial.  In assessing non-pecuniary damages at $125,000  Madam Justice Warren provided the following reasons:

[101]     Ms. Hosseinzadeh is a middle-aged woman; 43 years old when the accident occurred. The pain she has suffered has been significant, has persisted, has disabled her from most of her former activities, and is unlikely to improve. It has resulted in sleep impairment and has affected her mood. She faces many years of ongoing pain and compromised lifestyle.

[102]     The injuries have affected all areas of Ms. Hosseinzadeh’s life. Prior to the accident, she was able, with ease, to look after all of the cooking, housekeeping, laundry, and shopping for her family. She now depends on her husband and son to do much of this work and, although she can do some housekeeping, what used to take her a few hours each week is now a constant chore that she slowly works at throughout the day, taking frequent breaks. She has been deprived of her favorite activity — cooking meals for and entertaining large groups of friends. Her once vibrant social life of weekly parties, BBQs, and other events with friends has been significantly diminished.

[103]     While Ms. Hosseinzadeh continues to try to exercise regularly, she has had to modify what she does and sometimes she exercises in pain. She used to swim but now does mild exercises in the pool. She used to walk with friends easily but now has to take frequent breaks when she walks. At times her pain not only prevents her from exercising, it leaves her immobile for days at a time.

[104]     A formerly outgoing, sociable, and engaged woman, Ms. Hosseinzadeh is now more reclusive and has to depend heavily on her husband and her son. She must confront the reality that she has an incurable condition that has left her significantly impaired and, on bad days, almost completely incapacitated. All of this has had a significant adverse effect on her overall emotional well-being…

[107]     Awards of damages in other cases provide a guideline only. Ultimately, each case turns on its own facts. Having said that, I did find that the cases referred to by counsel for Ms. Hosseinzadeh to be helpful, particularly S.R. which was very similar in several factual respects. Taking all this into account, I find that an award of $125,000 for non-pecuniary damages is appropriate in this case.

bc injury law, Hosseinzadeh v. Leung, Madam Justice Warren

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ERIK
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When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

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