$60,000 Non-Pecuniary Assessment For Chronic Soft Tissue Injury With Associated Headaches

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, assessing non-pecuniary damages of $60,000 for chronic soft tissue injuries with associated headaches.
In today’s case (Hinder v. Yellow Cab Company Ltd) the Plaintiff was involved in an intersection collision.  The Defendant denied liability but was found fully at fault at trail.  The Plaintiff suffered a variety of soft tissue injuries, some of which resolved.  She continued to have neck symptoms with associated headaches at the time of trial (some five years later) which were expected to linger into the future.  In assessing non-pecuniary damages at $60,000 Madam Justice Arnold-Bailey provided the following reasons:

[140]     The Plaintiff is a young woman, age 29 at the time of the accident. While her soft tissue injuries did not appear to be severe and some resolved, she has been left with neck pain and headaches that regularly progress to become very painful and disabling, forcing her to stop whatever she is doing. The medical evidence is that even with significant medical intervention, the neck pain and cervicogenic headaches are likely to continue into the foreseeable future. Debilitating headaches occur about every two weeks. The Plaintiff is not a complainer. She is stoic, a hard worker and she carries on despite the pain. Her home life and recreational activities have been impaired to a significantly lesser degree than likely would have been the case for a less strong and stalwart person. That does not mean, however, that she does not suffer while incapacitated by the neck pain and headaches; and she clearly misses pursuing her sports activities, particularly downhill mountain-biking, with her pre-accident intensity. She has maintained her family and social relationships because of her positive attitude and how well she generally manages her chores and commitments at home and at work in the face of her neck pain and headaches…

[149]     For these reasons, I find that an award of $60,000 in non-pecuniary damages is appropriate in the present case.

bc injury law, Hinder v. Yellow Cab Company Ltd., Madam Justice Arnold-Bailey

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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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