$75,000 Non-Pecuniary Damages for Aggravation of Pre-Existing Knee Arthritis
A common issue courts have to address in injury litigation is the effect of trauma on pre-existing asymptomatic arthritis. Often times after people are injured X-rays and other diagnostic tests reveal arthritic changes in joints which produced no pain prior to the trauma. Often times accidents cause these pre-existing conditions to become painful. A theme which usually comes up in these types of cases is whether the degeneration would have become painful at some point in time without the trauma. Reasons for judgement were released today by the BC Supreme Court dealing with such an injury to the knees.
In today’s case (Michal v. Begg) the Plaintiff was injured in a 2003 motor vehicle accident. The driver of the Plaintiff’s vehicle lost control and hit a concrete highway divider. The crash was significant destroying the vehicle on impact.
The plaintiff sustained various injuries including the onset of pain in his knees. The Plaintiff did not have pre-existing knee pain but on examination arthritic changes which would have pre-dated the accident were noted. The accepted medical evidence was that even if the Plaintiff did not have the accident he would have likely eventually experienced pain in his knees but the trauma accelerated this. Mr. Justice Curtis assessed the Plaintiff’s non-pecuniary damages at $75,000. In arriving at this figure the court noted the following about the extent and effect of the accident related injuries:
 In summary, I find it proven on the balance of probabilities that as a result of the December 18, 2003 collision, Miroslav Michal suffered a whiplash injury aggravating a pre-existent mild recurrent neck pain, which is now continuing on about the same course as it would have had the 2003 accident not occurred, injuries to his head, right shoulder, right and left wrists, fingers and elbow strains, rib injury and a buttock contusion, all of which has resolved fairly quickly, and injuries which have produced symptoms persisting to the present time, namely to his right ankle, right foot and left and right knees.
 The right knee was clearly injured in the collision as is demonstrated by the immediate appearance of pain, swelling and stiffness. That knee had pre-existing degenerative changes which were not symptomatic prior to the collision, but were clearly made symptomatic following it.
 There is no immediate medical record of Mr. Michal complaining about left knee problems. That knee also had pre-existing degenerative changes which were not symptomatic prior to the accident. I am satisfied, however, that the collision did aggravate the condition of the left knee and caused it to become symptomatic afterwards. Mr. Michal has testified that was the case and his testimony is supported by the observations of Mr. Begg and his Aikido instructor. Mr. Michal is clearly not a complainer and I accept that early left knee symptoms were simply overlooked in dealing with more urgent matters.
 Both knees were showing pre-existing signs of degeneration in all three compartments. The outlook for his knees was that the degeneration could continue and would have at some point become symptomatic even if there had not been any December 18 injuries. It is likely his knees would have got bad enough to affect his function even if he had not been injured. How long that would have taken is not clear – Dr. Anton offers the opinion that “The pre-existing changes would probably have become symptomatic absent the accident but that could have taken five years or longer.” Dr. Sovio in his report of March 6, 2006 was of the opinion that:
He, in all likelihood, had pre-existent degeneration which predisposed him to this problem and regardless he would have had some difficulties with his knees in the future. It is difficult to say when this would have shown up but it would likely have presented itself in the relative near future.
 On the evidence, I find it reasonable to attribute Mr. Michal’s knee symptoms to the date of his surgery in January and April of 2007 to the collision, but I find that, while the collision injuries remained a contributing factor, his failure to recover as expected from his knee surgery and his worsening condition from September 2007 onward was attributable to the fact that he had degenerative knees as well as the fact that they had been made worse by the collision induced injuries. It is probable that Mr. Michal would have ended up having arthroscopic surgery to his knees even without his 2003 injuries but that surgery was probably significantly sooner because of the December 2003 injuries.
 The plantar fasciitis in his right foot has become chronic but the medical opinion is that it should be cured. His right ankle does not show evidence of significant injury. I accept that these have troubled him as he has described to the date of his trial, but I find that they remain treatable and should not pose a significant problem for him in the future.
 Considering the pain and suffering Mr. Michal has had from his injuries, and the significant loss of enjoyment of life they have caused him, in particular forcing him to forego his long time interest in martial arts, I assess Mr. Michal’s claim for general damages at $75,000.
Aggravation of pre-existing arthritis, icbc injury claims, knee injury, michal v. begg, Mr. Justice Curtis, pre-existing degenerative changes
click here now
I just want to mention I am beginner to weblog and actually savored your blog site. Most likely I’m planning to bookmark your site . You certainly come with exceptional posts. Kudos for sharing with us your blog site.
I simply want to say I’m beginner to blogging and site-building and really savored you’re website. Very likely I’m likely to bookmark your site . You definitely have perfect articles. Many thanks for sharing with us your web-site.
Good website! I really love how it is easy on my eyes and the data are well written. I am wondering how I could be notified whenever a new post has been made. I’ve subscribed to your RSS feed which must do the trick! Have a nice day!
I like what you guys are up also. Such smart work and reporting! Carry on the superb works guys I¡¦ve incorporated you guys to my blogroll. I think it will improve the value of my website 🙂
Thank you for another informative blog. Where else could I get that kind of information written in such a perfect way? I’ve a project that I’m just now working on, and I’ve been on the look out for such information.
I like this post, enjoyed this one thanks for posting .
Thanks for these tips. One thing I also believe is that often credit cards giving a 0% apr often appeal to consumers together with zero monthly interest, instant endorsement and easy on the net balance transfers, but beware of the top factor that will probably void your 0% easy neighborhood annual percentage rate and as well as throw you out into the very poor house quick.
I was just seeking this info for a while. After 6 hours of continuous Googleing, finally I got it in your web site. I wonder what’s the lack of Google strategy that do not rank this type of informative sites in top of the list. Generally the top web sites are full of garbage.
I haven’t checked in here for some time because I thought it was getting boring, but the last few posts are good quality so I guess I’ll add you back to my everyday bloglist. You deserve it my friend 🙂
venta por catalogo
Real good info can be found on website . “Politics is applesauce.” by Will Rogers.
venta por catalogo
Would you be keen on exchanging links?
I have been browsing online more than 3 hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my opinion, if all web owners and bloggers made good content as you did, the net will be a lot more useful than ever before.
Thanks for these tips. One thing I also believe is that often credit cards featuring a 0 monthly interest often attract consumers in with zero rate of interest, instant approval and easy on-line balance transfers, however beware of the main factor that will certainly void your 0 easy neighborhood annual percentage rate and as well as throw one out into the poor house fast.
One more thing. It’s my opinion that there are lots of travel insurance websites of dependable companies that allow you enter your holiday details and acquire you the prices. You can also purchase the particular international holiday insurance policy on the internet by using the credit card. All you should do would be to enter your travel particulars and you can begin to see the plans side-by-side. Just find the plan that suits your capacity to pay and needs and use your bank credit card to buy that. Travel insurance on the web is a good way to search for a respectable company to get international travel cover. Thanks for revealing your ideas.
Appreciating the commitment you put into your site and detailed information you offer. It’s great to come across a blog every once in a while that isn’t the same out of date rehashed information. Excellent read! I’ve saved your site and I’m adding your RSS feeds to my Google account.
marcel van hooijdonk
Hi there, I found your website via Google while looking for a similar topic, your site came up, it seems great. I have bookmarked it in my google bookmarks.
I gotta bookmark this web site it seems extremely helpful extremely helpful
Hi! Do you know if they make any plugins to safeguard against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any tips?
I have recently started a website, the information you provide on this site has helped me tremendously. Thanks for all of your time & work.
Underground Elephant Careers
I just could not depart your site prior to suggesting that I really enjoyed the standard info a person provide for your visitors? Is gonna be back often in order to check up on new posts
Undeniably believe that which you said. Your favorite justification seemed to be on the web the simplest thing to be aware of. I say to you, I definitely get irked while people think about worries that they plainly do not know about. You managed to hit the nail upon the top and defined out the whole thing without having side-effects , people can take a signal. Will probably be back to get more. Thanks
What i do not understood is actually how you are not really much more well-liked than you might be right now. You’re so intelligent. You realize thus significantly relating to this subject, made me personally consider it from so many varied angles. Its like men and women aren’t fascinated unless it’s one thing to accomplish with Lady gaga! Your own stuffs excellent. Always maintain it up!
Some genuinely nice and useful info on this web site, also I believe the design contains great features.
agen poker online
The following time I learn a weblog, I hope that it doesnt disappoint me as a lot as this one. I mean, I do know it was my option to read, but I truly thought youd have something fascinating to say. All I hear is a bunch of whining about something that you could possibly fix in the event you werent too busy in search of attention.
Can I simply say what a reduction to seek out somebody who actually is aware of what theyre speaking about on the internet. You definitely know find out how to convey a problem to light and make it important. Extra people need to learn this and perceive this facet of the story. I cant imagine youre not more well-liked because you positively have the gift.
I just could not depart your website prior to suggesting that I extremely enjoyed the standard info a person provide for your visitors? Is going to be back often in order to check up on new posts
An interesting discussion is price comment. I feel that it’s best to write more on this topic, it won’t be a taboo subject but typically people are not enough to talk on such topics. To the next. Cheers
Fantastic blog you have here but I was wondering if you knew of any user discussion forums that cover the same topics talked about here? I’d really love to be a part of online community where I can get feed-back from other experienced people that share the same interest. If you have any suggestions, please let me know. Many thanks!
Somebody essentially help to make seriously articles I would state. This is the very first time I frequented your web page and thus far? I amazed with the research you made to create this particular publish extraordinary. Great job!
Hello, Neat post. There’s a problem together with your website in internet explorer, could check this… IE nonetheless is the marketplace leader and a huge portion of other folks will miss your excellent writing because of this problem.
מצלמות אבטחה לעסק
Hello, i think that i saw you visited my weblog thus i came to “return the favor”.I am attempting to find things to enhance my site!I suppose its ok to use some of your ideas!!
I do not even know how I finished up right here, however I assumed this publish was good. I do not know who you are but definitely you’re going to a famous blogger when you aren’t already 😉 Cheers!
This design is incredible! You certainly know how to keep a reader amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Wonderful job. I really loved what you had to say, and more than that, how you presented it. Too cool!
Just want to say your article is as astonishing. The clarity in your post is just cool and that i can assume you are a professional on this subject. Well with your permission let me to grasp your feed to stay up to date with coming near near post. Thanks one million and please continue the enjoyable work.
Great awesome things here. I¡¦m very happy to look your post. Thank you so much and i’m having a look ahead to contact you. Will you kindly drop me a e-mail?
Some really wonderful information, Gladiolus I noticed this. “We must learn our limits. We are all something, but none of us are everything.” by Blaise Pascal.
Orbit 110 bearking
Merely wanna comment on few general things, The website pattern is perfect, the written content is real good. “To the artist there is never anything ugly in nature.” by Franois Auguste Ren Rodin.
Do you mind if I quote a couple of your posts as long as I provide credit and sources back to your webpage? My website is in the exact same niche as yours and my visitors would certainly benefit from a lot of the information you provide here. Please let me know if this alright with you. Thanks a lot!
затворы sung do
magnificent points altogether, you just gained a new reader. What would you suggest about your post that you made a few days ago? Any positive?
Online Marketing Wien
Social Media Marketing Wien
A different issue is really that video gaming has become one of the all-time biggest forms of recreation for people of any age. Kids enjoy video games, and also adults do, too. The actual XBox 360 is one of the favorite games systems for individuals that love to have a huge variety of video games available to them, and who like to play live with other people all over the world. Many thanks for sharing your notions.
whoah this blog is fantastic i really like studying your posts. Keep up the great work! You already know, many persons are searching around for this information, you can aid them greatly.
Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You clearly know what youre talking about, why waste your intelligence on just posting videos to your site when you could be giving us something enlightening to read?
I appreciate, cause I found exactly what I was looking for. You have ended my 4 day long hunt! God Bless you man. Have a nice day. Bye
There are some attention-grabbing time limits on this article however I don’t know if I see all of them center to heart. There’s some validity however I will take hold opinion until I look into it further. Good article , thanks and we want more! Added to FeedBurner as nicely
Keep working ,terrific job!
I have learn a few just right stuff here. Definitely value bookmarking for revisiting. I wonder how much effort you put to make this kind of great informative website.
Online Marketing Wien
Digital Marketing Wien
The time to read or visit the subject material or web sites we’ve linked to below.
lifeguard courses near me
Really Appreciate this post, is there any way I can get an update sent in an email every time there is a new article?
Fantastic goods from you, man. I’ve understand your stuff previous to and you are just too wonderful. I actually like what you have acquired here, really like what you are stating and the way in which you say it. You make it enjoyable and you still care for to keep it wise. I cant wait to read much more from you. This is actually a wonderful web site.
I was just searching for this info for some time. After six hours of continuous Googleing, finally I got it in your web site. I wonder what’s the lack of Google strategy that do not rank this type of informative sites in top of the list. Normally the top web sites are full of garbage.
I have been absent for some time, but now I remember why I used to love this web site. Thank you, I will try and check back more frequently. How frequently you update your web site?
I’ve been absent for a while, but now I remember why I used to love this blog. Thank you, I’ll try and check back more frequently. How frequently you update your site?
Thanks a lot for the helpful article. It is also my opinion that mesothelioma cancer has an extremely long latency time, which means that signs and symptoms of the disease may well not emerge until finally 30 to 50 years after the primary exposure to asbestos fiber. Pleural mesothelioma, which is the most common style and affects the area round the lungs, might result in shortness of breath, chest pains, including a persistent cough, which may produce coughing up body.
I simply could not depart your site prior to suggesting that I actually loved the standard information a person supply to your guests? Is going to be again continuously to check out new posts
I like what you guys are up also. Such smart work and reporting! Carry on the superb works guys I have incorporated you guys to my blogroll. I think it will improve the value of my web site :).
One thing I would really like to comment on is that weightloss system fast may be accomplished by the appropriate diet and exercise. People’s size not merely affects appearance, but also the actual quality of life. Self-esteem, depression, health risks, as well as physical ability are influenced in an increase in weight. It is possible to just make everything right but still gain. In such a circumstance, a problem may be the culprit. While a lot food and never enough physical exercise are usually at fault, common health concerns and key prescriptions might greatly increase size. Thx for your post in this article.
watch game of thrones free
I’m still learning from you, while I’m making my way to the top as well. I definitely liked reading all that is posted on your blog.Keep the stories coming. I enjoyed it!
where to watch game of thrones
Generally I don’t read article on blogs, but I would like to say that this write-up very forced me to try and do so! Your writing style has been amazed me. Thanks, very nice article.
Hello! Do you know if they make any plugins to safeguard against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any tips?
Thanks for your write-up. I also believe that laptop computers are becoming more and more popular currently, and now tend to be the only form of computer employed in a household. This is due to the fact that at the same time that they’re becoming more and more cost-effective, their processing power is growing to the point where they are as robust as personal computers from just a few years ago.
Hola! I’ve been reading your weblog for some time now and finally got the courage to go ahead and give you a shout out from Humble Texas! Just wanted to mention keep up the fantastic work!
Praca Na 2 Tygodnie Niemcy
I like this blog very much, Its a rattling nice situation to read and obtain info . “The world breaks everyone, and afterward, many are strong at the broken places.” by Ernest Hemingway.
You are my intake , I own few blogs and very sporadically run out from to brand.
Wow! This can be one particular of the most helpful blogs We’ve ever arrive across on this subject. Basically Great. I am also a specialist in this topic so I can understand your effort.
I loved as much as you’ll receive carried out right here. The sketch is attractive, your authored material stylish. nonetheless, you command get bought an edginess over that you wish be delivering the following. unwell unquestionably come more formerly again as exactly the same nearly very often inside case you shield this increase.
Thank you for any other wonderful post. Where else may just anyone get that type of info in such an ideal way of writing? I’ve a presentation subsequent week, and I’m on the look for such information.
I have been surfing online more than 3 hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my opinion, if all website owners and bloggers made good content as you did, the web will be much more useful than ever before.
What i don’t realize is in reality how you’re now not really a lot more neatly-liked than you may be now. You’re very intelligent. You understand thus considerably relating to this topic, made me individually believe it from numerous varied angles. Its like men and women are not interested unless it’s one thing to do with Woman gaga! Your individual stuffs outstanding. All the time maintain it up!
prediksi result togel
Have you ever considered creating an ebook or guest authoring on other blogs? I have a blog based on the same information you discuss and would love to have you share some stories/information. I know my visitors would appreciate your work. If youâ€™re even remotely interested, feel free to send me an e mail.
You made some first rate points there. I appeared on the internet for the problem and found most individuals will go along with with your website.
Somebody essentially lend a hand to make critically posts I’d state. That is the first time I frequented your website page and up to now? I surprised with the analysis you made to make this particular publish amazing. Fantastic job!
This web site is mostly a stroll-through for the entire info you wanted about this and didn’t know who to ask. Glimpse right here, and also you’ll undoubtedly discover it.
I am extremely impressed with your writing skills as well as with the layout on your weblog. Is this a paid theme or did you modify it yourself? Anyway keep up the nice quality writing, it’s rare to see a great blog like this one today..
gay sucking penis
just beneath, are various entirely not connected web pages to ours, however, they’re surely really worth going over
Here is an excellent Blog You might Locate Interesting that we encourage you to visit.
Only wanna say that this is very useful , Thanks for taking your time to write this.
What’s Happening i am new to this, I stumbled upon this I’ve discovered It positively useful and it has helped me out loads. I hope to contribute & assist other users like its helped me. Good job.
Normally I don’t read article on blogs, however I would like to say that this write-up very forced me to take a look at and do it! Your writing style has been surprised me. Thanks, quite great post.
I’d need to check with you here. Which is not something I often do! I enjoy reading a put up that may make people think. Also, thanks for allowing me to comment!
I view something genuinely special in this site.
Hmm is anyone else having problems with the images on this blog loading? I’m trying to figure out if its a problem on my end or if it’s the blog. Any suggestions would be greatly appreciated.
Cena Pozycjonowania Strony Internetowej
I went over this internet site and I believe you have a lot of great information, saved to bookmarks (:.
Familienfoto St. Gallen
Pozycjonowanie Strony Internetowej Cena Gorzow
Appreciate it for helping out, great info. “Hope is the denial of reality.” by Margaret Weis.
you are really a good webmaster. The site loading speed is incredible. It seems that you’re doing any unique trick. In addition, The contents are masterpiece. you’ve done a great job on this topic!
you are really a good webmaster. The web site loading speed is amazing. It seems that you are doing any unique trick. In addition, The contents are masterwork. you have done a great job on this topic!
One important issue is that when you’re searching for a education loan you may find that you’ll need a co-signer. There are many cases where this is correct because you could find that you do not have a past credit score so the loan provider will require that you’ve someone cosign the loan for you. Good post.
pembesar alat vital alami
This really answered my downside, thank you!
obat kuat alami
Do you have a spam issue on this site; I also am a blogger, and I was wanting to know your situation; many of us have developed some nice practices and we are looking to exchange techniques with other folks, please shoot me an email if interested.
You have remarked very interesting details ! ps decent internet site . “Ask me no questions, and I’ll tell you no fibs.” by Oliver Goldsmith.
Comments are closed.