$45,000 Non-Pecuniary Assessment for Aggravation of Pre-Existing Soft Tissue Injuries

Written by admin on . Posted in ICBC Soft Tissue Injury Cases.

Reasons for judgement were released yesterday by the BC Supreme Court, Vancouver Registry, assessing damages for the aggravation of pre-existing injuries.
In yesterday’s case (Pichugina v. Matula) the Plaintiff was involved in a T-bone type collision in 2010.  The Defendant admitted fault.  The Plaintiff had pre-existing symptoms in her neck, shoulder and back.  The collision aggravated these and her increased symptoms continued to the time of trial and were expected to linger on for several more years.  In assessing non-pecuniary damages at $45,000 Mr. Justice Cohen provided the following reasons:
[56]         On the totality of the evidence before me, I find that, as a result of the accident, the plaintiff sustained aggravation to her already symptomatic neck, right shoulder, and low back and sustained aggravation to her pre-existing headaches.  In my opinion, there is no evidence to support a conclusion that the accident caused the minimal winging of the plaintiff’s right scapula.  Although the plaintiff returned to work full-time by the end of two months following the accident, and experienced much improvement in her condition by the spring of 2011, she cannot take advantage of a flexible work schedule, and, while she remains physically active, some activities are no longer comfortable for her.
[57]         According to Dr. Vorobeychik, the plaintiff’s symptoms have improved, but she still experiences migraine headaches and problems with her right shoulder, neck, and back when she is active or upon exertion.  The overall medical evidence, and that of the plaintiff, is that there has been gradual improvement in her condition post-accident, and she appears to be handling her headaches better.  According to Dr. Robinson, the plaintiff will probably continue to have gradual improvement over the next three to five years, but she remains at risk for persisting neck and right shoulder pain, which would act as an aggravator to her migraine predisposition.
[58]         Upon my consideration of the whole of the evidence, the parties’ submissions, and the authorities relied upon by them, I find that a fair and reasonable award to the plaintiff for general damages is $45,000.
 

aggravation of pre-existing injuries, bc injury law, Mr. Justice Cohen, Pichugina v. Matula

Comments (62)

  • her explanation

    I simply want to mention I am just very new to blogging and site-building and truly enjoyed your page. Very likely I’m want to bookmark your site . You actually have great article content. Bless you for sharing your website page.

  • W88Thai

    I think other website proprietors should take this website as an model, very clean and excellent user genial style and design, let alone the content. You are an expert in this topic!

  • Parties

    Pretty nice post. I just stumbled upon your weblog and wanted to say that I’ve really enjoyed browsing your blog posts. In any case I’ll be subscribing to your rss feed and I hope you write again very soon!

  • venta por catalogo

    Thank you, I’ve just been looking for info about this topic for a while and yours is the best I’ve found out till now. But, what in regards to the conclusion? Are you certain about the supply?

  • crystalclutch.com

    Somebody essentially help to make seriously articles I would state. This is the very first time I frequented your website page and thus far? I amazed with the research you made to create this particular publish amazing. Magnificent job!

  • marcel van hooijdonk

    I am really loving the theme/design of your web site. Do you ever run into any browser compatibility issues? A couple of my blog visitors have complained about my site not operating correctly in Explorer but looks great in Firefox. Do you have any ideas to help fix this issue?

  • Kammerjäger

    I wanted to write a brief remark so as to say thanks to you for some of the amazing ideas you are showing on this site. My long internet research has at the end been honored with reputable information to write about with my visitors. I ‘d admit that many of us website visitors are undoubtedly blessed to exist in a great site with so many wonderful people with good opinions. I feel pretty privileged to have encountered your entire website and look forward to some more pleasurable moments reading here. Thank you once more for all the details.

  • Underground Elephant San Diego

    Thanks for the strategies presented. One thing I also believe is always that credit cards offering a 0 interest rate often attract consumers in zero interest, instant endorsement and easy over-the-internet balance transfers, but beware of the number one factor that may void your 0 easy neighborhood annual percentage rate plus throw you out into the bad house rapidly.

  • poker online

    I simply could not go away your site prior to suggesting that I really enjoyed the usual info a person provide for your guests? Is gonna be back often in order to inspect new posts

  • agen poker online

    That is the appropriate weblog for anybody who desires to search out out about this topic. You realize so much its almost hard to argue with you (not that I really would need…HaHa). You definitely put a brand new spin on a subject thats been written about for years. Nice stuff, simply great!

  • 릴게임다운로드

    Wonderful beat ! I wish to apprentice while you amend your site, how could i subscribe for a blog web site? The account aided me a acceptable deal. I had been a little bit acquainted of this your broadcast offered bright clear idea

  • situs poker online

    It’s in reality a great and helpful piece of information. I’m satisfied that you shared this helpful info with us. Please stay us up to date like this. Thank you for sharing.

  • situs poker online

    Good web site! I really love how it is simple on my eyes and the data are well written. I am wondering how I might be notified whenever a new post has been made. I have subscribed to your RSS feed which must do the trick! Have a nice day!

  • Social Media Marketing Wien

    The subsequent time I read a blog, I hope that it doesnt disappoint me as a lot as this one. I imply, I know it was my choice to learn, however I really thought youd have one thing attention-grabbing to say. All I hear is a bunch of whining about something that you could possibly fix in the event you werent too busy searching for attention.

  • lån

    F*ckin’ tremendous things here. I am very glad to see your article. Thanks a lot and i’m looking forward to contact you. Will you kindly drop me a e-mail?

  • Free Porn Sites

    Betrayed cheerful declared end and. Questions we additions is extremely incommode. Next half add call them eat face. Age lived smile six defer bed their few. Had admitting concluded too behaviour him she. Of death to or to being other.

  • 야마토게임다운로드

    I would like to thank you for the efforts you have put in writing this web site. I’m hoping the same high-grade web site post from you in the upcoming as well. In fact your creative writing skills has inspired me to get my own site now. Actually the blogging is spreading its wings fast. Your write up is a good example of it.

  • Воблер голая

    I do accept as true with all of the concepts you’ve introduced on your post. They are very convincing and can definitely work. Nonetheless, the posts are too quick for newbies. Could you please extend them a little from subsequent time? Thank you for the post.

  • затворы sung do

    I want to point out my appreciation for your kind-heartedness for persons who absolutely need guidance on this important concept. Your personal commitment to getting the message all-around has been extremely informative and has in every case allowed associates much like me to realize their endeavors. Your amazing valuable advice signifies much to me and even further to my peers. Thanks a lot; from everyone of us.

  • 우리카지노

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

  • american lifeguard association

    Oh my goodness! an incredible article dude. Thank you However I’m experiencing problem with ur rss . Don’t know why Unable to subscribe to it. Is there anybody getting an identical rss downside? Anyone who is aware of kindly respond. Thnkx

  • เช่าโต๊ะ

    Today, I went to the beachfront with my children. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is totally off topic but I had to tell someone!

  • 안전놀이터 메이저

    It is appropriate time to make a few plans for the long run and it’s time to be happy. I’ve learn this publish and if I may just I want to suggest you few fascinating issues or advice. Maybe you can write subsequent articles regarding this article. I wish to read more things about it!

  • 먹튀폴리스 검증업체

    Today, I went to the beach with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is completely off topic but I had to tell someone!

  • 릴게임

    Wonderful beat ! I wish to apprentice while you amend your website, how could i subscribe for a blog site? The account helped me a acceptable deal. I had been tiny bit acquainted of this your broadcast provided bright clear idea

  • 먹튀검증커뮤니티

    I do not even understand how I stopped up here, however I believed this publish was once great. I do not know who you are but definitely you are going to a well-known blogger if you are not already 😉 Cheers!

  • 토토사이트

    hello!,I love your writing very much! proportion we be in contact extra about your post on AOL? I require a specialist in this area to resolve my problem. Maybe that’s you! Looking ahead to see you.

  • 토토사이트

    Thanks so much for providing individuals with such a brilliant opportunity to read critical reviews from this web site. It is often so useful and as well , stuffed with fun for me and my office fellow workers to visit your site at the least 3 times in 7 days to study the latest things you will have. Of course, I’m at all times happy for the attractive things you give. Certain 2 points on this page are in reality the simplest I’ve ever had.

  • Praca W Niemczech Od Zaraz Opiekunka

    Thank you for sharing superb informations. Your site is very cool. I’m impressed by the details that you’ve on this web site. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for more articles. You, my pal, ROCK! I found simply the information I already searched everywhere and just couldn’t come across. What a great site.

  • 먹튀폴리스

    What i don’t understood is if truth be told how you’re not actually much more well-favored than you may be right now. You’re so intelligent. You recognize therefore considerably in the case of this matter, produced me individually consider it from a lot of varied angles. Its like women and men don’t seem to be interested except it’s something to do with Girl gaga! Your own stuffs outstanding. All the time maintain it up!

  • 릴게임야마토

    I have discovered some considerations through your blog post. One other thing I would like to express is that there are various games in the marketplace designed specially for toddler age young children. They involve pattern acknowledgement, colors, pets, and patterns. These typically focus on familiarization rather than memorization. This keeps little ones engaged without feeling like they are learning. Thanks

  • 먹튀폴리스

    F*ckin’ tremendous things here. I am very glad to peer your article. Thanks a lot and i am taking a look ahead to touch you. Will you kindly drop me a e-mail?

  • 파워볼사이트

    Just wish to say your article is as surprising. The clearness in your post is just nice and i can assume you are an expert on this subject. Fine with your permission allow me to grab your RSS feed to keep up to date with forthcoming post. Thanks a million and please continue the enjoyable work.

  • judi online

    Hi there! Do you use Twitter? I’d like to follow you if that would be okay. I’m definitely enjoying your blog and look forward to new posts.

  • situs judi online

    Hiya! I know this is kinda off topic however , I’d figured I’d ask. Would you be interested in trading links or maybe guest authoring a blog post or vice-versa? My blog discusses a lot of the same subjects as yours and I think we could greatly benefit from each other. If you might be interested feel free to shoot me an email. I look forward to hearing from you! Terrific blog by the way!

  • 메이저토토

    Can I just say what a aid to seek out someone who really is aware of what theyre talking about on the internet. You undoubtedly know the right way to carry a problem to light and make it important. Extra folks need to read this and perceive this facet of the story. I cant imagine youre not more standard since you positively have the gift.

  • 먹튀폴리스 검증업체

    Somebody essentially help to make seriously articles I would state. This is the very first time I frequented your web page and thus far? I amazed with the research you made to make this particular publish incredible. Wonderful job!

  • graphic tees

    Usually I don’t read article on blogs, however I would like to say that this write-up very forced me to check out and do it! Your writing taste has been amazed me. Thanks, very great article.

  • 먹튀검증

    I have seen a great deal of useful things on your web site about computer systems. However, I have got the viewpoint that notebook computers are still not nearly powerful sufficiently to be a option if you typically do projects that require a great deal of power, such as video editing and enhancing. But for internet surfing, statement processing, and the majority of other prevalent computer functions they are just great, provided you may not mind the screen size. Many thanks for sharing your notions.

  • lk21

    Nice post. I used to be checking constantly this blog and I’m impressed! Very useful information specifically the ultimate phase 🙂 I maintain such info a lot. I was seeking this certain info for a very lengthy time. Thank you and best of luck.

  • 메이저토토사이트

    Great post. I was checking continuously this blog and I’m impressed! Very helpful information specifically the last part 🙂 I care for such info much. I was seeking this particular information for a long time. Thank you and best of luck.

  • pembesar penis alami

    I’m not sure why but this website is loading extremely slow for me. Is anyone else having this problem or is it a issue on my end? I’ll check back later and see if the problem still exists.

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