$25,000 Non-Pecuniary Damages for Neck, Shoulder and Back Soft Tissue Injuries

Following a 2 day trial using the Fast Track Rule  (Rule 66), reasons for judgement were released today compensating a Plaintiff as a result of a 2005 BC car accident.
The Plaintiff was injured as a passenger.  The offending motorist admitted fault and the trial focused on damages (lawful compensation) only.
The Plaintiff had a range of complaints following the accident including pain in her neck, right shoulder and low back, and a significant increase in the frequency of her pre-existing migraine headaches.
In assessing a fair award for pain and suffering the court made the following finding:

[24] I accept the plaintiff’s evidence that she was injured in the August 9, 2005 motor vehicle accident.  In this regard, I note that while the physicians who examined the plaintiff also accepted the plaintiff’s assertions, the fact that they did so does not assist the court in making that finding.  Their observations thereafter are of considerable assistance in assessing the possible course of the plaintiff’s recovery, however.  It does appear, taking account of what is before me, that the plaintiff recovered functionally very quickly although she may suffer some minor aches and pains that will occasionally interfere with her activities.

[25] The plaintiff has suffered some moderate interference with her life due to pain and suffering.  The cases advanced as comparables by the parties are of some assistance in locating this case on an appropriate scale.  I assess her damages for pain and suffering and loss of enjoyment of life at $25,000.

The Plaintiff also led evidence that she was able to take advantage of fewer overtime opportunities as a result of her injuries.  For this loss the court awarded $20,000.
The court found that the injuries should continue to improve but may linger for a while longer.  In addressing loss of earning capacity the court awarded $15,000 making the following findings:
She is capable of doing her work and of working considerable overtime.  On the basis of the medical evidence there is good reason to expect that she will fully recover in the next few years, with a modest chance of some limited impairment further into the future.  I think some allowance must be made for the possibility that the plaintiff may occasionally suffer losses into the future that are related to the injuries she has suffered.  I think the evidence suggests that these losses will be incurred, for the most part, in the next few years.  I fix the sum of $15,000 for loss of future earning capacity.

fast track trial, ICBC claims, migraine headaches, neck injury, pain and suffering, rule 66, shoulder injury, soft tissue injury

Comments (47)

  • I simply want to say I am just new to blogs and definitely liked you’re blog. Most likely I’m want to bookmark your site . You definitely have impressive posts. Many thanks for revealing your web-site.

  • I think this is among the most important information for me. And i’m satisfied studying your article. However want to remark on some general things, The website style is ideal, the articles is in reality excellent : D. Just right task, cheers

  • My brother recommended I might like this web site. He used to be entirely right. This submit actually made my day. You can not imagine just how a lot time I had spent for this info! Thank you!

  • Hey! I know this is kind of off topic but I was wondering which blog platform are you using for this website? I’m getting tired of WordPress because I’ve had problems with hackers and I’m looking at options for another platform. I would be great if you could point me in the direction of a good platform.

  • I wish to convey my gratitude for your generosity for those individuals that really need help on this concept. Your very own commitment to passing the solution across appears to be certainly useful and has consistently enabled ladies just like me to realize their endeavors. Your personal warm and helpful key points implies a whole lot to me and a whole lot more to my office workers. Thanks a lot; from each one of us.

  • whoah this blog is great i love reading your articles. Keep up the great work! You know, a lot of people are looking around for this information, you could help them greatly.

  • I truly appreciate this post. I have been looking everywhere for this! Thank goodness I found it on Bing. You have made my day! Thx again

  • Very good website you have here but I was curious if you knew of any discussion boards that cover the same topics discussed here? I’d really like to be a part of community where I can get suggestions from other experienced individuals that share the same interest. If you have any recommendations, please let me know. Thanks a lot!

  • With havin so much content do you ever run into any problems of plagorism or copyright infringement? My site has a lot of unique content I’ve either written myself or outsourced but it appears a lot of it is popping it up all over the web without my authorization. Do you know any techniques to help prevent content from being ripped off? I’d really appreciate it.

  • Another important component is that if you are a mature person, travel insurance for pensioners is something you should make sure you really look at. The old you are, the greater at risk you are for allowing something bad happen to you while abroad. If you are certainly not covered by several comprehensive insurance cover, you could have a number of serious issues. Thanks for expressing your guidelines on this website.

  • I was just looking for this info for some time. After six hours of continuous Googleing, finally I got it in your website. I wonder what is the lack of Google strategy that do not rank this type of informative sites in top of the list. Usually the top websites are full of garbage.

  • I intended to post you that bit of word to be able to give many thanks the moment again on your pleasing solutions you’ve documented here. This has been really shockingly generous of you to allow publicly all that a number of us could possibly have offered for sale as an e book to help with making some money for their own end, chiefly now that you could have done it if you wanted. The advice as well served to become a good way to fully grasp that other people have similar desire similar to my very own to figure out a great deal more on the topic of this matter. I am certain there are some more pleasurable situations in the future for people who go through your site.

  • Thank you for the sensible critique. Me & my neighbor were just preparing to do a little research on this. We got a grab a book from our local library but I think I learned more clear from this post. I am very glad to see such excellent information being shared freely out there.

  • I was recommended this web site by my cousin. I’m not sure whether this post is written by him as no one else know such detailed about my difficulty. You’re wonderful! Thanks!

  • Hey very cool site!! Man .. Beautiful .. Wonderful .. I will bookmark your website and take the feeds also…I am happy to seek out numerous useful info right here in the publish, we’d like develop extra techniques on this regard, thanks for sharing.

  • Thanks a lot for giving everyone an extremely nice opportunity to read articles and blog posts from here. It is usually so brilliant and also jam-packed with a great time for me personally and my office co-workers to search your web site minimum 3 times in 7 days to read through the latest issues you have. And indeed, I am also always pleased considering the gorgeous opinions you give. Selected 1 facts on this page are basically the most suitable we’ve ever had.

  • I¡¦ll immediately seize your rss feed as I can not to find your e-mail subscription hyperlink or newsletter service. Do you’ve any? Kindly permit me recognise in order that I could subscribe. Thanks.

  • Do you mind if I quote a few of your articles as long as I provide credit and sources back to your webpage? My blog site is in the exact same niche as yours and my visitors would truly benefit from a lot of the information you present here. Please let me know if this okay with you. Cheers!

  • Thanks , I have recently been searching for info about this subject for a long time and yours is the best I’ve came upon so far. But, what concerning the conclusion? Are you positive about the source?

  • Thank you for the sensible critique. Me and my neighbor were just preparing to do a little research about this. We got a grab a book from our local library but I think I learned more from this post. I am very glad to see such great information being shared freely out there.

  • Thanks for your submission. I also think that laptop computers have become more and more popular these days, and now are usually the only kind of computer included in a household. Simply because at the same time they are becoming more and more very affordable, their processing power keeps growing to the point where there’re as effective as desktop computers from just a few years ago.

  • Thank you for the sensible critique. Me & my neighbor were just preparing to do a little research on this. We got a grab a book from our area library but I think I learned more from this post. I’m very glad to see such great info being shared freely out there.

  • Thanks, I have just been searching for information about this subject for ages and yours is the greatest I’ve came upon so far. However, what in regards to the bottom line? Are you positive in regards to the supply?

  • I have been surfing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my view, if all website owners and bloggers made good content as you did, the web will be much more useful than ever before.

  • Thanks for the helpful posting. It is also my belief that mesothelioma cancer has an incredibly long latency interval, which means that signs of the disease would possibly not emerge until finally 30 to 50 years after the first exposure to mesothelioma. Pleural mesothelioma, that is the most common style and has an effect on the area round the lungs, may cause shortness of breath, chest muscles pains, as well as a persistent coughing, which may bring about coughing up blood vessels.

  • obviously like your web-site but you need to take a look at the spelling on quite a few of your posts. Many of them are rife with spelling problems and I to find it very bothersome to tell the truth on the other hand I’ll surely come again again.

  • I’ve been surfing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my opinion, if all website owners and bloggers made good content as you did, the net will be much more useful than ever before.

  • I keep listening to the reports lecture about getting boundless online grant applications so I have been looking around for the top site to get one. Could you advise me please, where could i acquire some?

  • I just could not go away your site before suggesting that I extremely loved the standard information an individual provide in your guests? Is going to be again regularly in order to investigate cross-check new posts.

  • Hey very cool website!! Man .. Beautiful .. Amazing .. I will bookmark your site and take the feeds also…I’m happy to find numerous useful information here in the post, we need develop more techniques in this regard, thanks for sharing. . . . . .

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

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.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer