$75,000 Non-Pecuniary Damages Assessment For Scapulo-Thoracic Junction Soft Tissue Injury

Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Chronic Pain Cases, Uncategorized.


Reasons for judgement were released today by the BC Supreme Court, Prince George Registry, assessing damages for a chronic and partially disabling soft tissue injury.
In today’s case (Knight v. Belton) the Plaintiff was injured in a 2008 rear-end collision.  The rear motorist admitted fault for the crash.  The Plaintiff suffered various injuries the most serious of which was a Grade 2 strain at her scapulo-thoracic junction.  Injuries at this level are notoriously difficult to treat.  While the Court heard competing evidence about whether the injury would recover Madam Justice Gray accepted that it would not and that the Plaintiff would likely experience chronic pain on a permanent basis as a result.
The Court awarded the Plaintiff damages at  just over $480,000 including $75,000 for the Plaintiff’s non-pecuniary damages.  In arriving at this figure Madam Justice Gray provided the following reasons:

[65]         Non-pecuniary damages are damages to recognize losses that have not required an outlay of money or have not involved losing payments. The purpose is to provide solace to Ms. Knight for such things as pain, suffering, disability, inconvenience, and loss of enjoyment of life. One purpose of such damages is to substitute other amenities for those Ms. Knight has lost, not to compensate her for loss of something with a monetary value. The award addresses losses both up to the trial date and which she will suffer in the future…

[67]         Ms. Knight was and is an engaging, enthusiastic, hard-working, and practical woman. She loves dental hygiene. She will not be able to practice it full time, and may have to give up clinical practice altogether.

[68]         Ms. Knight suffered several months of headaches, vertigo, and neck pain. She suffered significant right shoulder pain for about a year. She has on-going chronic mid-back pain and periodic right shoulder pain.

[69]         Ms. Knight is chronically in pain, and as a result, is not as energetic as she was before the accident. She is no longer able to enjoy rough physical play with her children. She is no longer able to enjoy outdoor activities that she previously enjoyed, like running, hiking, boating, skiing, and bicycling. She was unable to contribute as much as she wanted to building the family home. The accident has significantly diminished the quality of her life.

[70]         Ms. Knight referred to these cases: Cleeve v. Gregerson, 2007 BCSC 1112; Gray v. Fraser Health Authority, 2009 BCSC 269; Poirier v. Aubrey, 2010 BCCA 226, 4 B.C.L.R. (5th) 173; and Paller v. Paller , 2004 BCSC 997.

[71]         The defence referred to these cases: Rorison v. Dornan, [1993] B.C.J. No. 752 (S.C.); Letourneau v. Min, 2001 BCSC 1519; Amberiadis v. Groves, 2005 BCSC 1270; Sharpe v. Tidey, 2009 BCSC 948; Ragneborg v. Giesbrecht, 2009 BCSC 110; Sylte v. Rodriguez, 2010 BCSC 207; Henri v. Seo, 2009 BCSC 76; Brock v. King, 2009 BCSC 1179; Anderson v. Merritt (City), 2006 BCSC 90; and Larlee v. Shier, 2008 BCSC 1610.

[72]         I also considered Cathro v. Davis, 2008 BCSC 1645.

[73]         No two cases are alike. Ms. Knight is entitled to damages for pain and suffering in the amount of $75,000.

bc injury law, chronic soft tissue injury, Knight v. Bolton, Madam Justice Gray, Scapulo-thoracic junction

Comments (55)

  • use this link

    I simply want to mention I am newbie to blogs and really savored your web-site. Almost certainly I’m planning to bookmark your website . You really come with fabulous stories. Kudos for sharing your website page.

  • W88 Thailand

    Its such as you learn my thoughts! You appear to know a lot about this, like you wrote the ebook in it or something. I believe that you just could do with some p.c. to force the message house a little bit, however instead of that, that is wonderful blog. An excellent read. I’ll definitely be back.

  • 먹튀폴리스 먹튀

    Today, I went to the beach front with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is entirely off topic but I had to tell someone!

  • 야마토릴게임

    I wanted to post a remark to be able to say thanks to you for some of the lovely guides you are giving out here. My extended internet research has at the end been rewarded with reliable facts and strategies to write about with my neighbours. I would claim that many of us site visitors actually are rather fortunate to be in a great community with many brilliant professionals with useful basics. I feel pretty lucky to have seen your website page and look forward to many more pleasurable times reading here. Thanks a lot again for everything.

  • poker

    I’ve been exploring for a little bit for any high quality articles or blog posts on this kind of area . Exploring in Yahoo I at last stumbled upon this site. Reading this info So i am happy to convey that I’ve a very good uncanny feeling I discovered exactly what I needed. I most certainly will make certain to don’t forget this site and give it a look regularly.

  • agen poker online

    you’re really a good webmaster. The site loading speed is incredible. It seems that you are doing any unique trick. Furthermore, The contents are masterpiece. you have done a fantastic job on this topic!

  • מצלמות אבטחה לעסק

    Thank you for sharing superb informations. Your web site is so cool. I’m impressed by the details that you¡¦ve on this web site. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for extra articles. You, my friend, ROCK! I found just the info I already searched all over the place and simply couldn’t come across. What a perfect web site.

  • 야마토게임다운로드

    Just wish to say your article is as astounding. The clarity in your post is just excellent and i could assume you are an expert on this subject. Fine with your permission allow me to grab your RSS feed to keep updated with forthcoming post. Thanks a million and please continue the rewarding work.

  • voblerone

    One more thing. I think that there are quite a few travel insurance web pages of dependable companies that permit you to enter your trip details to get you the quotes. You can also purchase the actual international travel insurance policy online by using your credit card. All you should do will be to enter your travel specifics and you can begin to see the plans side-by-side. Just find the plan that suits your financial allowance and needs and use your bank credit card to buy that. Travel insurance on the internet is a good way to do investigation for a reputable company regarding international holiday insurance. Thanks for sharing your ideas.

  • 토토 사이트

    What i do not realize is in reality how you are not really a lot more well-preferred than you may be now. You’re so intelligent. You realize therefore significantly in relation to this matter, made me personally imagine it from numerous varied angles. Its like women and men are not interested unless it’s something to accomplish with Girl gaga! Your own stuffs nice. All the time deal with it up!

  • Wedding Catering

    Youre so cool! I dont suppose Ive read something like this before. So nice to search out somebody with some original ideas on this subject. realy thanks for starting this up. this website is something that is wanted on the web, someone with a little bit originality. helpful job for bringing something new to the internet!

  • lifeguard certificate

    I needed to write you this very little remark so as to give many thanks the moment again for the spectacular things you’ve documented on this page. This has been unbelievably generous with people like you to give publicly exactly what many people might have offered as an e-book to end up making some profit for themselves, even more so seeing that you might well have done it in case you decided. The tactics also worked like a fantastic way to realize that someone else have a similar interest just as my very own to find out a great deal more when it comes to this matter. I believe there are many more fun moments ahead for folks who read through your blog post.

  • 먹튀폴리스 검증업체

    We’re a group of volunteers and opening a new scheme in our community. Your web site offered us with valuable info to work on. You’ve done an impressive job and our entire community will be thankful to you.

  • ww88

    Very interesting subject , thanks for putting up. “Remember when life’s path is steep to keep your mind even.” by Horace.

  • 야마토카지노

    Great post. I was checking continuously this blog and I’m impressed! Very useful info particularly the last part 🙂 I care for such information a lot. I was seeking this particular information for a long time. Thank you and best of luck.

  • 토토사이트

    fantastic issues altogether, you simply won a emblem new reader. What could you recommend in regards to your publish that you simply made a few days in the past? Any certain?

  • 먹튀폴리스 검증

    I am no longer sure where you’re getting your information, however great topic. I must spend some time finding out more or understanding more. Thank you for wonderful information I used to be in search of this information for my mission.

  • Praca Niemcy

    I got what you mean , appreciate it for posting .Woh I am happy to find this website through google. “Success is dependent on effort.” by Sophocles.

  • 메이저사이트

    You can certainly see your expertise in the paintings you write. The world hopes for even more passionate writers such as you who aren’t afraid to mention how they believe. At all times follow your heart. “He never is alone that is accompanied with noble thoughts.” by Fletcher.

  • 토토사이트

    I have read a few just right stuff here. Definitely price bookmarking for revisiting. I wonder how a lot effort you set to make the sort of excellent informative web site.

  • 토토사이트

    naturally like your web site however you have to test the spelling on quite a few of your posts. Several of them are rife with spelling issues and I to find it very bothersome to tell the reality nevertheless I¡¦ll certainly come back again.

  • bulk smco magnets

    Have you ever considered publishing an e-book or guest authoring on other websites? I have a blog based on the same subjects you discuss and would really like to have you share some stories/information. I know my audience would enjoy your work. If you are even remotely interested, feel free to send me an email.

  • custom tshirts

    fantastic put up, very informative. I’m wondering why the opposite specialists of this sector do not understand this. You should proceed your writing. I’m confident, you have a great readers’ base already!

  • 메이저 사이트

    Thank you for sharing these types of wonderful content. In addition, the perfect travel as well as medical insurance program can often eliminate those issues that come with traveling abroad. The medical crisis can shortly become very costly and that’s certain to quickly put a financial stress on the family’s finances. Having in place the perfect travel insurance package deal prior to leaving is definitely worth the time and effort. Thanks a lot

  • lk21

    You actually make it appear so easy with your presentation but I to find this topic to be actually one thing that I feel I would by no means understand. It sort of feels too complex and very large for me. I’m looking ahead on your subsequent put up, I will try to get the grasp of it!

  • แต่งงาน

    One other thing to point out is that an online business administration diploma is designed for scholars to be able to efficiently proceed to bachelor degree education. The Ninety credit diploma meets the lower bachelor college degree requirements when you earn the associate of arts in BA online, you will have access to the modern technologies on this field. Some reasons why students would like to get their associate degree in business is because they are interested in the field and want to obtain the general training necessary just before jumping in to a bachelor education program. Thanks for the tips you provide with your blog.

  • pembesar alat vital alami

    Great goods from you, man. I have understand your stuff previous to and you’re just too wonderful. I really like what you’ve acquired here, certainly like what you are stating and the way in which you say it. You make it entertaining and you still care for to keep it wise. I cant wait to read far more from you. This is actually a terrific site.

  • ssru.ac.th

    Wonderful story, reckoned we could combine a handful of unrelated data, nevertheless truly really worth taking a appear, whoa did one study about Mid East has got additional problerms also

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