$140,000 Non-Pecuniary Assessment for Chronic Dizziness and Imbalance

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, assessing damages for symptoms of chronic dizziness and imbalance following a vehicle collision.
In today’s case (Kijowski v. Scott) the Plaintiff was involved in a 2011 collision caused  by the Defendant.  The Plaintiff suffered various soft tissue injuries and also suffered from chronic dizziness and imbalance issues.  These were expected to be permanent.  In assessing non-pecuniary damages at $140,000 Mr. Justice Greyell provided the following reasons:

[128]     In my view Mr. Kijowski’s injuries are considerably more significant that those sustained by the plaintiffs in the cases referred to by the defendants. As a result of his injuries, Mr. Kijowski’s life has been significantly altered in many respects: recreationally, at work, and at home. He can no longer enjoy the activities he did in the past and the prognosis for his improvement is guarded. Dr. Longridge has opined Mr. Kijowski’s dizziness and imbalance will be permanent impairments and he will have to continue with vestibular therapy indefinitely to improve his ability to function with these conditions or he will likely relapse. As he ages, he will more prone to falling and injuring himself. He has a hearing deficit as a result of damage to the cochlea which likely can be improved with binaural amplification (hearing aids). Mr. Kijowski continues to suffer from soft tissue injuries to his neck, mid and lower back which will likely improve over time with treatment. His tinnitus and hearing deficit have resulted in stress in his relationships at home. His ability to concentrate and his energy is decreased and he worries about the security of his job and the consequences that would have on his family.

[129]     After considering all the factors set out in Stapley I am of the view the appropriate amount of non-pecuniary damages is $140,000.

bc injury law, Kijowski v. Scott, Mr. Justice Greyell, Vestibular Injuries

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ERIK
MAGRAKEN

Personal Injury Lawyer

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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