$40,000 Pain and Suffering Awarded in ICBC Injury Claim Involivng Soft Tissue Injuries

I am in trial this week and am a little short on time so this ICBC Injury Law update will be a little light on my desired level of analysis. 
Reasons for judgement were released today (Lai v. Wang) compensating a Plaintiff for injuries sustained in a 2004 motor vehicle collision in Vancouver, BC.
In this ICBC Claim the Court found that the Plaintiff sustained various soft tissue injuries which plateaued after several months leaving the Plaintiff with occasional pain.  The Court’s key findings and assessment of damages can be found at paragraphs 34-38 which I reproduce for your convenience:

[34]            I am of the view that the plaintiff has suffered significant, but not disabling, pain, which should largely be compensated in damages for loss of enjoyment of life.  I expect it will continue for some time into the future on an annoying, but not disabling basis, but that he will likely recover as Dr. Fenton suggests.  The cases which seem to me to offer the best guidance are Hubbard v. Saunders, 2008 BCSC 486, and Jackson v. Gow, 2001 BCSC 54.  I am of the view that $40,000 is an appropriate amount for these damages.  I should add that there was some evidence of pre-accident complaints of pain requiring treatment.  I do not think it was demonstrated that any of those problems were aggravated in a sense that required them to be taken into account.

[35]            I do not accept the mathematics offered by the plaintiff for past income loss.  I accept that the plaintiff may have lost some work due to pain while he worked at the Face Shop, but do not accept that he was disabled in relation to the jobs he chose to do.  I estimate the actual interference with work he was available for and willing to do at $1000.

[36]            With respect to loss of future earning capacity, I accept that the injuries the plaintiff suffered may affect his income earning capacity on the basis outlined in Palmer v. Goodall, [1991] 53 B.C.L.R. (2d) 44 (C.A.):

…Because it is impairment that is being redressed, even a plaintiff who is apparently going to be able to earn as much as he could have earned if not injured or who, with retraining, on the balance of probabilities will be able to do so, is entitled to some compensation for the impairment.  He is entitled to it because for the rest of his life some occupations will be closed to him and it is impossible to say that over his working life the impairment will not harm his income ability.

[37]            Mr. Lai is not disabled from the kind of work he has chosen in the past to do, and the kind of work he expects to qualify for in the future.  He does, nevertheless, have a level of pain that Dr. Condon considers chronic and Dr. Fenton believes will ultimately resolve, particularly if the plaintiff works through the pain in the short term.  I think it likely that the plaintiff will ultimately reach a point where he is only occasionally troubled by pain.  When that may be is unknowable.  In the meantime, although the plaintiff is unlikely, in any event, to work in fields imposing significant physical demands, he will suffer a loss of capacity to do such work, for which he is entitled to some compensation.  I fix those damages at $25,000.

[38]            The plaintiff is entitled to special claimed damages for sums expended to date, which I gather are agreed at $5193.  I do not think the plaintiff can be faulted for the amounts spent in trying to obtain relief from the consequences of the accident to the date of trial.  I am not satisfied that the $1200 for the Taiwan airplane ticket is justified and deny that claim.  I accept that the plaintiff will require occasional prescriptions and therapy in the future, although such an award should be modest.  I allow $1000 for this.  I reject, as speculative, the pulse therapy suggested by Dr. Condon.

icbc injury claims, icbc pain and suffering, ICBC Whiplash Cases, Lai v. Wang, soft tissue injuries

Comments (49)

  • Thanks for your exciting article. Other thing is that mesothelioma is generally the result of the inhalation of fibers from mesothelioma, which is a extremely dangerous material. It truly is commonly seen among personnel in the building industry with long experience of asbestos. It is caused by residing in asbestos protected buildings for some time of time, Genetics plays a huge role, and some people are more vulnerable for the risk compared to others.

  • I have recently started a blog, the information you provide on this site has helped me tremendously. Thanks for all of your time & work. “It is a great thing to know our vices.” by Cicero.

  • Thanks for your suggestions. One thing really noticed is banks as well as financial institutions really know the spending patterns of consumers plus understand that plenty of people max away their credit cards around the holiday seasons. They wisely take advantage of this real fact and start flooding your inbox plus snail-mail box having hundreds of 0 APR credit card offers right after the holiday season comes to an end. Knowing that for anyone who is like 98 of all American general public, you’ll rush at the possiblity to consolidate credit debt and move balances for 0 interest rates credit cards.

  • Thanks , I have recently been looking for information about this subject for ages and yours is the best I’ve discovered so far. But, what about the bottom line? Are you sure about the source?

  • We’re a gaggle of volunteers and starting a new scheme in our community. Your web site offered us with valuable information to paintings on. You’ve done a formidable activity and our entire community will probably be grateful to you.

  • I believe this web site has got some rattling great information for everyone. “Glory is fleeting, but obscurity is forever.” by Napoleon.

  • Youre so cool! I dont suppose Ive learn anything like this before. So nice to search out anyone with some original ideas on this subject. realy thanks for beginning this up. this web site is one thing that is wanted on the internet, somebody with just a little originality. useful job for bringing one thing new to the internet!

  • Undeniably believe that which you stated. Your favorite justification appeared to be on the internet the easiest thing to be aware of. I say to you, I certainly get irked while people consider worries that they just do not know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people can take a signal. Will likely be back to get more. Thanks

  • Wow, wonderful blog layout! How long have you been blogging for? you make running a blog glance easy. The full glance of your web site is excellent, as well as the content!

  • Everyone loves what you guys tend to be up too. This kind of clever work and exposure! Keep up the good works guys I’ve added you guys to our blogroll.

  • Thank you for some other informative blog. The place else may I am getting that type of info written in such a perfect way? I’ve a challenge that I’m simply now working on, and I have been on the look out for such info.

  • This design is spectacular! You definitely know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Wonderful job. I really loved what you had to say, and more than that, how you presented it. Too cool!

  • I am really impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you customize it yourself? Either way keep up the nice quality writing, it’s rare to see a nice blog like this one today..

  • I like what you guys are up too. Such intelligent work and reporting! Keep up the superb works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my website 🙂

  • I wanted to send you the very little word just to thank you once again relating to the incredible things you’ve discussed on this site. It is open-handed of you to present openly all that a lot of folks might have made available as an e-book in order to make some dough for their own end, chiefly considering that you could possibly have tried it if you decided. The pointers in addition served as a easy way to recognize that other people have similar keenness really like my personal own to realize a whole lot more related to this problem. I am certain there are lots of more pleasurable sessions in the future for those who read carefully your blog post.

  • Thanks for sharing your ideas. I might also like to express that video games have been at any time evolving. Modern technology and innovations have assisted create sensible and fun games. These types of entertainment games were not that sensible when the concept was being experimented with. Just like other styles of electronics, video games as well have had to advance through many many years. This itself is testimony for the fast growth of video games.

  • Thanks for another informative blog. Where else could I get that type of info written in such a perfect way? I’ve a project that I am just now working on, and I have been on the look out for such information.

  • Somebody essentially assist to make critically posts I would state. This is the first time I frequented your website page and thus far? I amazed with the research you made to make this actual publish extraordinary. Excellent task!

  • I will right away grasp your rss as I can not in finding your email subscription hyperlink or newsletter service. Do you have any? Please permit me recognize in order that I may just subscribe. Thanks.

  • What i don’t understood is in truth how you’re now not really much more neatly-favored than you may be right now. You are very intelligent. You know thus considerably in terms of this subject, produced me in my opinion imagine it from so many various angles. Its like men and women are not fascinated unless it’s something to accomplish with Girl gaga! Your own stuffs nice. At all times care for it up!

  • Please let me know if you’re looking for a article writer for your site. You have some really good articles and I feel I would be a good asset. If you ever want to take some of the load off, I’d really like to write some material for your blog in exchange for a link back to mine. Please blast me an email if interested. Kudos!

  • Woah! I’m really digging the template/theme of this site. It’s simple, yet effective. A lot of times it’s difficult to get that “perfect balance” between usability and visual appeal. I must say you have done a excellent job with this. Also, the blog loads extremely fast for me on Safari. Excellent Blog!

  • Excellent read, I just passed this onto a friend who was doing a little research on that. And he just bought me lunch as I found it for him smile So let me rephrase that: Thank you for lunch! “By nature, men are nearly alike by practice, they get to be wide apart.” by Confucius.

  • I have been browsing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. Personally, if all site owners and bloggers made good content as you did, the internet will be a lot more useful than ever before.

  • It’s really a great and helpful piece of information. I am glad that you shared this useful information with us. Please keep us up to date like this. Thank you for sharing.

  • Very interesting subject , thanks for putting up. “Nobody outside of a baby carriage or a judge’s chamber believes in an unprejudiced point of view.” by Lillian Hellman.

  • Thanks for giving your ideas. A very important factor is that learners have a selection between federal student loan and also a private education loan where it is easier to go with student loan consolidation than with the federal education loan.

  • Its such as you learn my mind! You seem to know so much about this, such as you wrote the e book in it or something. I feel that you just could do with a few percent to drive the message house a bit, however instead of that, that is great blog. A fantastic read. I will certainly be back.

  • Fascinating blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple adjustements would really make my blog jump out. Please let me know where you got your theme. Bless you

  • Hi there, just became aware of your blog through Google, and found that it’s truly informative. I’m going to watch out for brussels. I will appreciate if you continue this in future. Many people will be benefited from your writing. Cheers!

  • After study a number of of the blog posts in your website now, and I truly like your means of blogging. I bookmarked it to my bookmark web site listing and will likely be checking back soon. Pls try my website online as nicely and let me know what you think.

  • you are actually a excellent webmaster. The website loading velocity is incredible. It seems that you are doing any unique trick. Furthermore, The contents are masterwork. you have done a fantastic process on this topic!

  • I really like your blog.. very nice colors & theme. Did you make this website yourself or did you hire someone to do it for you? Plz respond as I’m looking to create my own blog and would like to know where u got this from. thank you

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