$24,515 Damages Awarded for Moderate Soft Tissue Injury
Reasons for judgement were released today awarded damages as a result of injuries sustained in a 2005 Kamloops, BC car crash.
The Plaintiff’s vehicle was rear-ended as she slowed to make a right hand turn.
Normally in such rear-end cases liability (fault) is admitted but in this case liabilty was disputed. The Defendant claimed that the accident was caused by the actions of the plaintiff when she ‘accelerated in front of him, cut him off and themn braked quite dramatically at the corner (of the intersection).’
The court rejected this defence and found that “this is not a case where the evidence supports a conclusion that the plaintiff’s vehicle cut in front of the defendant in such a way as to alleviate his responsibility‘. The defendant was found 100% to blame.
In terms extent of injury, the court made the relevant findings at paragraphg 50 of the judgement, which I set out below:
 I conclude that (the Plaintiff) sustained a moderate soft tissue whiplash injury in December 2005 which caused pain and discomfort to her neck and back and resulted in her experiencing headaches. These symptoms were initially acute, causing her to miss approximately three weeks of work and necessitating that she take pain medication and treatment, most notably physiotherapy. The pain and discomfort at times extended to her hip area. It gradually subsided with the passage of time. It was significantly resolved within three to four months of the accident, but she continued to experience some discomfort and limitation of her activities, albeit on a gradually improving basis, over time, up to the point of trial. At trial, all of the complaint of headache had resolved but there was some lingering discomfort and stiffness in her neck and back. That discomfort is essentially resolved at this time, and there is every reason to conclude that she has not sustained any permanent damage. With proper exercise and self-care, there will be a complete resolution
The court awarded $22,000 for these moderate soft tissue injuries, $2,163.21 for lost wages and $351 for special damages.
This is a short crisp judgement dealing with issues that often arise in ICBC claims. This case is worth reviewing for anyone involved in an ICBC injury claim to see some of the factors court’s consider when valuing soft tissue injuries and addressing the issue of fault in a rear-end crash.