$60,000 Non-Pecuniary Assessment For Chronic Shoulder Soft Tissue Injury

Reasons for judgement were released this week by the BC Supreme Court, Nanaimo Registry, assessing damages for a chronic shoulder soft tissue injury.
In this week’s case (Jorgensen v. Coonce) the Plaintiff was injured in 2009 when the vehicle in which he was a passenger left the roadway and collided with some trees.  The defendant admitted fault.
The Plaintiff suffered a soft tissue injury to his shoulder which remained symptomatic at the time of trial and was expected to pose continued difficulties in the future.  In assessing non-pecuniary damages at $60,000 Mr. Justice Baird provided the following reasons:
[90]         In short, I conclude that the plaintiff suffers from chronic pain from a soft tissue injury in the area of his right shoulder sustained in the May 2009 accident. This injury is not related to the physical or functional deficits that the plaintiff continued to experience as a result of the April 2006 accident for which, as I have noted, the present defendant is not liable.
[91]         The May 2009 injury has impacted the quality of the plaintiff’s life in material measure. He has been unable to pursue his sporting and recreational activities. Worse still, his relationship with his children has suffered because of his physical limitations. He has also been affected, not only in his enjoyment of work, but in his capacity to perform his work adequately, and on all of the evidence I consider it possible that this reduced capacity played a role in his dismissal from long-term, secure, well-paying employment in the paving business…
[106]     Having due regard to the often cited factors articulated in Stapley v. Hejslet, 2006 BCCA 34 at paragraph 46 and the observations of the Supreme Court of Canada in the Lindal v. Lindal, [1981] 2 SCR 629 at p. 637, and employing a discount in light of my findings respecting the plaintiffs pre-existing injury or condition for which the present defendant is not responsible, I have decided that an appropriate award for general damages in this case is $60,000

bc injury law, Jorgensen v. Coonce, Mr. Justice Baird

Comments (61)

  • I simply want to tell you that I am newbie to weblog and seriously liked you’re web blog. Most likely I’m want to bookmark your site . You certainly come with wonderful writings. Cheers for sharing with us your web page.

  • Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something. I think that you could do with some pics to drive the message home a little bit, but other than that, this is excellent blog. A fantastic read. I will certainly be back.

  • I’m typically to running a blog and i really recognize your content. The article has actually peaks my interest. I am going to bookmark your website and keep checking for new information.

  • hello!,I like your writing so much! percentage we be in contact extra about your article on AOL? I need an expert on this house to resolve my problem. May be that’s you! Looking ahead to see you.

  • I think this is one of the most important info for me. And i am glad reading your article. But should remark on few general things, The website style is ideal, the articles is really nice : D. Good job, cheers

  • When I initially commented I clicked the -Notify me when new feedback are added- checkbox and now each time a remark is added I get 4 emails with the same comment. Is there any method you possibly can take away me from that service? Thanks!

  • Howdy would you mind letting me know which hosting company you’re using? I’ve loaded your blog in 3 completely different internet browsers and I must say this blog loads a lot faster then most. Can you recommend a good web hosting provider at a reasonable price? Thanks, I appreciate it!

  • Its like you read my mind! You seem to know a lot about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a bit, but other than that, this is great blog. An excellent read. I will definitely be back.

  • Excellent read, I just passed this onto a friend who was doing some research on that. And he actually bought me lunch since I found it for him smile So let me rephrase that: Thanks for lunch!

  • Hi, i think that i saw you visited my weblog thus i came to “return the favor”.I’m attempting to find things to enhance my web site!I suppose its ok to use a few of your ideas!!

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

  • Woah! I’m really loving the template/theme of this blog. It’s simple, yet effective. A lot of times it’s tough to get that “perfect balance” between usability and visual appearance. I must say you have done a awesome job with this. Also, the blog loads very fast for me on Internet explorer. Outstanding Blog!

  • What i do not understood is in reality how you are not really a lot more neatly-appreciated than you might be now. You are so intelligent. You know thus significantly when it comes to this matter, produced me personally imagine it from numerous varied angles. Its like women and men aren’t interested until it is something to do with Girl gaga! Your personal stuffs great. Always care for it up!

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

  • Iím impressed, I must say. Really rarely do I encounter a weblog thatís both educative and entertaining, and let me let you know, you’ve gotten hit the nail on the head. Your thought is excellent; the problem is one thing that not sufficient individuals are speaking intelligently about. I am very blissful that I stumbled across this in my search for something relating to this.

  • If wandered relation no surprise of screened doubtful. Overcame no insisted ye of trifling husbands. Might am order hours on found. Or dissimilar companions friendship impossible at diminution. Did yourself carriage learning she man its replying. Sister piqued living her you enable mrs off spirit really. Parish oppose repair is me misery. Quick may saw style after money mrs.

  • I really like your writing style, fantastic information, thanks for putting up :D. “Nothing sets a person so much out of the devil’s reach as humility.” by Johathan Edwards.

  • Thanks for your post on the travel industry. I will also like to add that if your senior contemplating traveling, it can be absolutely crucial to buy traveling insurance for elderly people. When traveling, senior citizens are at high risk of getting a health emergency. Having the right insurance plan package for one’s age group can look after your health and give you peace of mind.

  • I do trust all of the ideas you have introduced for your post. They are very convincing and will certainly work. Still, the posts are too short for beginners. May you please prolong them a little from next time? Thank you for the post.

  • I have to express thanks to the writer just for bailing me out of this challenge. After researching throughout the world-wide-web and obtaining things that were not beneficial, I thought my entire life was over. Living devoid of the answers to the problems you have solved all through your article is a serious case, and ones that could have adversely affected my career if I had not encountered your site. Your training and kindness in touching every aspect was priceless. I’m not sure what I would’ve done if I had not encountered such a step like this. I can also at this point look ahead to my future. Thanks for your time so much for this expert and effective guide. I will not think twice to endorse your web blog to anybody who requires guide about this topic.

  • That is the precise blog for anyone who desires to find out about this topic. You notice a lot its virtually exhausting to argue with you (not that I truly would want…HaHa). You definitely put a brand new spin on a subject thats been written about for years. Great stuff, just nice!

  • I do agree with all the ideas you’ve presented in your post. They are very convincing and will definitely work. Still, the posts are too short for starters. Could you please extend them a bit from next time? Thanks for the post.

  • You really make it seem so easy with your presentation but I find this topic to be actually something which I think I would never understand. It seems too complex and extremely broad for me. I am looking forward for your next post, I’ll try to get the hang of it!

  • Today, taking into consideration the fast lifestyle that everyone leads, credit cards have a huge demand throughout the market. Persons throughout every area of life are using credit card and people who not using the credit card have arranged to apply for one in particular. Thanks for sharing your ideas about credit cards.

  • Can I just say what a aid to seek out someone who truly knows what theyre talking about on the internet. You undoubtedly know the right way to deliver a difficulty to light and make it important. Extra individuals must read this and understand this aspect of the story. I cant consider youre not more common because you undoubtedly have the gift.

  • Great article and right to the point. I don’t know if this is really the best place to ask but do you folks have any thoughts on where to hire some professional writers? Thanks in advance 🙂

  • There are some attention-grabbing deadlines on this article but I don’t know if I see all of them heart to heart. There’s some validity but I’ll take maintain opinion until I look into it further. Good article , thanks and we want extra! Added to FeedBurner as properly

  • I haven’t checked in here for a while since I thought it was getting boring, but the last several posts are great quality so I guess I’ll add you back to my everyday bloglist. You deserve it my friend 🙂

  • Thanks, I have just been looking for information about this topic for a long time and yours is the greatest I have discovered so far. But, what concerning the conclusion? Are you certain in regards to the supply?

  • The following time I read a weblog, I hope that it doesnt disappoint me as a lot as this one. I imply, I do know it was my choice to learn, but I truly thought youd have something fascinating to say. All I hear is a bunch of whining about something that you possibly can repair if you happen to werent too busy on the lookout for attention.

  • Hey there just wanted to give you a quick heads up. The text in your post seem to be running off the screen in Internet explorer. I’m not sure if this is a format issue or something to do with web browser compatibility but I thought I’d post to let you know. The layout look great though! Hope you get the problem resolved soon. Kudos

  • I don’t even understand how I ended up right here, however I believed this post used to be good. I do not recognize who you are however definitely you are going to a famous blogger should you aren’t already 😉 Cheers!

  • Can I simply say what a relief to search out someone who really knows what theyre speaking about on the internet. You positively know tips on how to convey an issue to mild and make it important. More folks need to read this and perceive this facet of the story. I cant believe youre not more fashionable because you positively have the gift.

  • I am typically to blogging and i really recognize your content. The article has really peaks my interest. I am going to bookmark your site and preserve checking for brand spanking new information.

  • I will immediately snatch your rss as I can’t to find your email subscription link or e-newsletter service. Do you’ve any? Kindly let me understand in order that I may just subscribe. Thanks.

  • Hello! Do you know if they make any plugins to protect against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any recommendations?

  • Some really superb articles on this internet site, regards for contribution. “An alcoholic is someone you don’t like who drinks as much as you do.” by Dylan Thomas.

  • Thank you, I have just been searching for info approximately this subject for a long time and yours is the best I’ve found out so far. But, what concerning the bottom line? Are you certain in regards to the supply?

  • I found your blog web site on google and test just a few of your early posts. Continue to keep up the excellent operate. I simply additional up your RSS feed to my MSN News Reader. In search of forward to reading more from you afterward!…

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