$75,000 Non-Pecuniary Assessment for Chronic Soft Tissue Injuries With Guarded Prognosis

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a cyclist injured in a vehicle collision.

In today’s case (Wang v. Johal) the Plaintiff was injured in a 2014 vehicle collision.  The Defendant struck the left side of her body and knocking her from her bicycle onto the pavement.  Fault was admitted.  The crash resulted in chronic soft tissue injuries to her leg and low back.  There was some room for further improvement but the prognosis was generally guarded.

In assessing non-pecuniary damages at $75,000 Mr. Justice Mayer provided the following reasons:

[61]         As I have found above, Ms. Wang sustained soft tissue injuries as a result of the Accident which have resulted in ongoing low back and leg pain. I find that Ms. Wang’s Accident-related symptoms resulted in a reduced capacity to participate in recreational, social and work pursuits, although these Accident related impacts have lessened over time and, in my view, are not presently as severe as Ms. Wang contends. I accept the opinion of Dr. Gan that there is potential, although the prognosis is guarded, for Ms. Wang’s symptoms to improve…

[66]         Considering the impacts of the accident on Ms. Wang, the factors set out in Stapley and the case authorities cited by the parties, I find that a reasonable award of non-pecuniary damages is $75,000.

bc injury law, chronic soft tissue injuries, cyclist collisions, Mr. Justice Mayer, Wang v. Johal

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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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