$45,000 Non-Pecuniary Damages for Soft Tissue Injury of Foot

Reasons for judgement were released today (Lutz v. Lim) awarding a Plaintiff just over $64,000 in total damages as a result of 2 BC motor vehicle collisions.
Fault was admitted for both crashes leaving the court to deal with the issue of damages.  The Plaintiff suffered a complicated soft tissue injury to his right foot as a result of the first crash.  The Plaintiff’s doctors gave the following opinion with respect to the Plaintiff’s foot injury:
In summary, Mr. Lutz continues to experience significant pain in his right foot, in spite of orthotics and custom-made workboots. He is able to function at work but finds that, after he has been on his feet for more than two hours at a time, the pain in his foot increases. I believe he has a permanent partial disability as a result of the initial motor vehicle accident of April 26th, 2005, when a car ran over his right foot….

Because of the change of foot position, the increased metatarsalgia, and the swelling that occurred around the time of the accident, I think that the accident has given him significant change in his foot shape and deterioration in his foot function as it existed prior to this point.

I think, with regard to the future, he will require custom orthotics and shoes to maintain his employment…

I also think that this would help him improve his recreational activities.

I think that there will be ongoing disability from this injury. He is unlikely to be able to take employment that requires a greater degree of loading of the forefoot than he presently has. His job is well-suited to his various musculoskeletal injuries, but if he has to take part in a job that requires a greater degree of physical activity, I suspect that his foot will become the most rate-limiting area. Therefore, a job more strenuous than he presently has would be inappropriate unless further reconstructive surgery was done to his foot.

In awarding the Plaintiff $45,000 for his non-pecuniary damages (money for pain and suffering and loss of enjoyment of life) for his foot injury Mr. Justice Verhoeven summarized the severity of the injury and the effects on the Plaintiff’s life as follows:

[101] Doing the best I can on the evidence, I conclude that the plaintiff has suffered a substantial amount of damage to his foot in the MVA. I conclude, as well, that the MVA has caused a permanent disability in his foot. I conclude that the risk of surgery being required is caused by the MVA injuries. On the evidence, I am unable to find that there was a measurable risk of surgery being required prior to the MVA injuries….

[110] In my view, and adopting the language used by Major J. in Athey v. Leonati, the plaintiff’s foot injury is more in the nature of a “thin skull” case than it is of a “crumbling skull”. The plaintiff’s prior foot injury left him vulnerable to future injury. There is little more than speculation to suggest that his current complaints and his ongoing need for treatment would have or might have occurred in any event. There is therefore insufficient evidence to allow me to reduce the award based upon such a contingency…

[124] In summary, the plaintiff now has had foot pain steadily for the past four-and-a-half years. He has a permanent partial disability with ongoing discomfort in relation to the foot. There is some restriction on his work activities, although he has not made a claim for loss of earnings or earning capacity. He was 38 years of age at the time of the first MVA. He is now 42. There is a significant risk of surgery being required as a result of the accident injury. Although he has not lost any time from work and for the most part he has carried on with his pre-MVA activities, I take into account his stoical nature. He has had to wear orthotics in his footwear and this will continue indefinitely. He suffered a minor injury to the right hand as well.

[125] I accept the submission of plaintiff’s counsel that an appropriate compensation for non-pecuniary loss arising out of MVA No. 1 is $45,000.

Foot Injury, icbc injury claims, Lutz v. Lim, Mr. Justice Verhoeven, pain and suffering, Soft Tissue Foot Injury

Comments (45)

  • Thanks for some other informative site. Where else could I get that type of information written in such an ideal means? I’ve a mission that I am simply now working on, and I have been at the glance out for such info.

  • Hello my friend! I wish to say that this article is amazing, nice written and include approximately all important infos. I’d like to see more posts like this.

  • Most of whatever you state is astonishingly precise and that makes me ponder why I had not looked at this with this light previously. Your piece really did switch the light on for me personally as far as this specific subject goes. However there is 1 issue I am not too comfy with and whilst I make an effort to reconcile that with the actual core theme of the point, allow me observe exactly what all the rest of your readers have to say.Well done.

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

  • An interesting dialogue is price comment. I think that you should write extra on this topic, it won’t be a taboo subject however generally persons are not sufficient to speak on such topics. To the next. Cheers

  • Hey very cool blog!! Man .. Excellent .. Amazing .. I’ll bookmark your site and take the feeds also…I’m happy to find a lot of useful information here in the post, we need develop more techniques in this regard, thanks for sharing. . . . . .

  • Great post. I used to be checking continuously this weblog and I’m impressed! Very useful info specifically the ultimate section 🙂 I handle such information a lot. I was looking for this certain info for a long time. Thank you and good luck.

  • The very crux of your writing while sounding reasonable in the beginning, did not settle properly with me personally after some time. Someplace throughout the paragraphs you managed to make me a believer but only for a short while. I still have a problem with your leaps in assumptions and you would do nicely to help fill in all those gaps. When you can accomplish that, I would definitely end up being fascinated.

  • I would like to show appreciation to the writer just for rescuing me from such a scenario. Just after looking out through the world wide web and obtaining ways which are not powerful, I assumed my entire life was gone. Being alive without the presence of strategies to the problems you’ve fixed through the article is a serious case, as well as the kind which might have badly damaged my entire career if I hadn’t discovered your web blog. That training and kindness in taking care of the whole thing was crucial. I don’t know what I would’ve done if I had not come upon such a stuff like this. I can at this time look forward to my future. Thanks for your time so much for this high quality and amazing guide. I will not hesitate to propose your web blog to any individual who should receive care on this area.

  • This design is spectacular! You certainly 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!) Great job. I really loved what you had to say, and more than that, how you presented it. Too cool!

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

  • Hmm it looks like your website ate my first comment (it was super long) so I guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog. I as well am an aspiring blog writer but I’m still new to everything. Do you have any tips and hints for novice blog writers? I’d definitely appreciate it.

  • Hello, you used to write wonderful, but the last several posts have been kinda boring… I miss your great writings. Past few posts are just a little bit out of track! come on!

  • Thank you, I’ve recently been looking for information about this topic for ages and yours is the best I’ve discovered so far. But, what about the conclusion? Are you sure about the source?

  • I’m really enjoying the design and layout of your blog. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a designer to create your theme? Exceptional work!

  • You actually make it seem really easy along with your presentation however I find this matter to be really one thing that I feel I would by no means understand. It kind of feels too complicated and extremely wide for me. I am having a look forward in your next publish, I will attempt to get the cling of it!

  • I do consider all the concepts you have offered on your post. They are really convincing and will certainly work. Nonetheless, the posts are too quick for novices. May just you please lengthen them a little from next time? Thanks for the post.

  • I’m still learning from you, while I’m making my way to the top as well. I absolutely enjoy reading everything that is written on your website.Keep the stories coming. I loved it!

  • hello there and thank you to your information – I’ve definitely picked up anything new from right here. I did on the other hand experience some technical points the use of this web site, since I experienced to reload the site lots of occasions prior to I could get it to load correctly. I had been considering if your hosting is OK? Now not that I am complaining, however slow loading cases instances will often have an effect on your placement in google and could damage your high quality ranking if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Well I am adding this RSS to my e-mail and could glance out for a lot more of your respective interesting content. Ensure that you update this once more very soon..

  • Hi, Neat post. There’s a problem with your site in internet explorer, would check this… IE still is the market leader and a good portion of people will miss your excellent writing due to this problem.

  • Generally I don’t read article on blogs, however I would like to say that this write-up very forced me to try and do it! Your writing taste has been surprised me. Thanks, quite nice article.

  • I am really impressed together with your writing skills as well as with the structure on your blog. Is that this a paid theme or did you modify it yourself? Anyway keep up the nice high quality writing, it’s rare to look a great blog like this one today..

  • I’m really inspired along with your writing skills and also with the format in your weblog. Is this a paid topic or did you modify it yourself? Anyway stay up the excellent high quality writing, it is uncommon to look a great weblog like this one today..

  • Its like you read my thoughts! You seem to know so much approximately this, like you wrote the guide in it or something. I think that you simply can do with a few percent to drive the message house a little bit, but other than that, that is great blog. A great read. I’ll certainly be back.

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