$130,000 Non-Pecuniary Assessment for Chronic Neck and Back Injuries

Reasons for judgement were published today by the BC Supreme Court, Vernon Registry, assessing damages for chronic injuries.
In today’s case (Moreira v. Crichton) the Plaintiff was injured in a 2013 collision.  The Defendant admitted fault.  The Plaintiff suffered from chronic pain with a poor prognosis.  In assessing non-pecuniary damages for her injuries at $130,000 Mr. Justice Betton provided the following reasons:

[86]         The medical evidence based on multiple assessments and records reviews from both plaintiff and defence experts collectively paints a compelling picture of a plaintiff who has and continues to deal with the adverse effects of her pain. There is no doubt expressed in any of the assessments regarding the sincerity or accuracy of the plaintiff’s experience or the impact that the MVC has had on her. The unchallenged and uncontradicted evidence of her father is also corroborative of her complaints.

[87]         This is a plaintiff who has achieved great success in her career as a result of her own hard work and initiative and who stands to advance even further in that career. I am unable to conclude that she would be inclined to jeopardize that in the hope of reward in this claim.

[88]         On the whole of the evidence I find the plaintiff to be credible…

[93]         The plaintiff’s family and social relationships have suffered as a result of the MVC. She suffers a larger burden in caring for her home now that her marriage has ended. Prior to the MVC, the plaintiff had no physical limitations and had an optimistic outlook on life. The MVC diminished these aspects of herself, and she no longer benefits from the therapeutic aspects of recreational activities and social interactions…

96]         Reviewing authorities is a necessary and useful process but has its limitations. However, considering the evidence here and those cases, I conclude that an award of $130,000 is an appropriate award under this category.