$50,000 Non-Pecuniary Assessment for Mild Soft Tissue Injuries With Somatic Disorder

Reasons for judgement were released today by the BC Supreme Court, Prince George Registry, assessing damages for soft tissue injuries with psychological overlay caused by a collision.
In today’s case (Zaluski v. Verth) the Plaintiff was involved in a 2011 collision caused by the Defendant.  Fault was admitted.  The Court did not accept all of the Plaintiff’s evidence but did accept the collision caused soft tissue injuries with a somatic disorder.  In assessing non-pecuniary damages at $50,000 Mr. Justice Tindale provided the following reasons:

142]     Based on all of the evidence I do however accept that the plaintiff did receive a mild soft tissue injury to her neck which affected her shoulders and back. I also accept Dr. Riar’s evidence that the plaintiff as a result of the MVA as suffered a somatic symptom disorder as well as anxiety and depression. I do not accept that the plaintiff has been disabled for any lengthy period from working as a result of these injuries. She was able to work significant hours at the Phoenix Medical Imaging well after the MVA. She only missed one day of work from the Nechako Medical Clinic as a result of the MVA.

[143]     In my view the plaintiff has exaggerated the severity and duration of her physical symptoms. I do not accept that her psychological condition disabled her from working.

[144]     The plaintiff does not suffer from disorders such as fibromyalgia, Post Traumatic Stress Disorder or severe and prolonged headaches. The cases that the plaintiff relies upon are of individuals who are much more seriously injured than the plaintiff in this case and have many of the above noted disorders…

[147]     In my view given the nature and duration of both the plaintiff’s physical and psychological injuries and considering the factors in Stapley the appropriate amount for non-pecuniary damages is $50,000.

bc injury law, Mr. Justice Tindale, somatic disorder, Zaluski v. Verth

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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.

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