$55,000 Non-Pecuniary Damages for Musculoligamentous Injuries
Reasons for judgment were released today by the BC Supreme Court awarding a 24 year old Plaintiff just over $100,000 in damages as a result of injuries and loss suffered in 2 BC motor vehicle collisions.
Both collisions were rear-end crashes. The first occurred in February, 2004, the second in July of the same year. Fault was admitted by ICBC on behalf of the Defendants in both accidents. This trial dealt with quantum of damages (value of these injury claims).
The Plaintiff had generally good health before the collisions. After the collisions she suffered from various symptoms. The extent of her injuries and their relationship to the crashes was at issue at trial.
The court found that the Plaintiff suffered from back pain, neck pain and headaches and that these injuries were related to the collisions. The court accepted that these are ‘musculoligamentous strains….(and that the Plaintiff) will be prone to ongoing muscular discomfort in the neck and lower back in the years to come…..and that it is unlikely that her symptoms will settle altogether‘.
The court awarded damages as follows:
(1) Non-pecuniary damages: $ 55,000;
(2) Past Loss of Income: $ 3,000;
(3) Loss of earning capacity: $ 25,000;
(4) Cost of Future Care: $ 15,000;
(5) Special Damages: $ 4,500.
back injury, ICBC claims, icbc soft tissue injuries, musculoligamentous injuries, neck injury, niessen v. sepulveda