$65,000 Non-Pecuniary Assessment for Lingering Soft Tissue Injuries Following Four Collisions

Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, assessing damages for soft tissue injuries following multiple collisions.
In today’s case (Jiwani v. Borodi) the Plaintiff was involved in four collisions.  He was not at fault for any of these.  The initial collision caused soft tissue injuries to his neck and back.  The back injury was aggravated by some of the subsequent collisions and his symptoms lingered to the time of trial.  In assessing non-pecuniary damages at $65,000 Mr. Justice Sigurdson provided the following reasons:
[45]         I conclude that the neck problems and the headaches resolved within about six months of the first accident, and that the back pain continues to some degree now five years after the first and most significant accident. 
[46]         I find that the back pain is soft-tissue related and has affected the plaintiff’s mood, his ability to sleep, and to some degree, his disposition and in turn his relationship with his family and friends, including his nephew.  I think that the accident has had an impact on the plaintiff’s family and social life and restricted the pleasure he had received from his friends and family in the past.  The burden is on the plaintiff to prove the extent of his injuries.  While I am persuaded that the plaintiff still has lower back pain, I am not satisfied that he is as seriously injured as he contends.  The plaintiff’s soft tissue injury to his lower back has persisted but I find that in due course any back pain will improve and if it persists will be of a type that causes modest discomfort and requires him to change positions and not sit for too long. 
[47]         That said, I am not persuaded that the plaintiff is completely pain free.  I think that the plaintiff would benefit, as suggested by Dr. Grypma, from an active rehabilitation program. ..
52]         Given my findings and after considering the authorities relied upon by the parties and the factors mentioned in Stapley, the plaintiff is entitled to the sum of $65,000 for non- pecuniary damages.

bc injury law, Jiwani v. Borodi, Mr. Justice Sigurdson

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ERIK
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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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