The Art of Valuing Pain and Suffering in ICBC Injury Claims
Today reasons for judgment were released by the Vancouver Registry of the BC Supreme Court in 2 separate Injury Claims where Pain and Suffering was valued. In each case the Plaintiffs suffered different injuries which affected their respective lives to different degrees. Yet both Plaintiffs were awarded exactly $55,000 for their non-pecuniary damages. How can this be? The answer is that valuing claims for pain and suffering is an art, not an exact science.
When asking a personal injury lawyer how much a claim for pain and suffering is worth it is difficult if not impossible to value a claim at an exact dollar figure. The only accurate answer is “whatever the judge or jury gives you“. Instead of attaching an exact dollar figure to any claim personal injury lawyers learn that claims can best be valued within an approximate range of damages. One judge can award a plaintiff $50,000 for a disc herniation and another can award a plaintiff with the exact same injuries $80,000 and there is nothing wrong in law with this so long as the award falls within the accepted range of damages for similar injuries.
Today’s cases demonstrate this quite well. In the first case (Morrison v. Gauthier) the Plaintiff was injured in a 2006 BC Car crash. Her vehicle was rear-ended in Coquitlam BC. The Defendant was fully at fault for the crash.
The Plaintiff suffered fairly severe injuries which included an L4-5 disc herniation which from time to time “puts pressure on the L4 nerve root and that the result for the plaintiff is not just pain in the low back – which is always her lot – but intense pain that, amongst other things, travels down the back of her leg“. In addition to this the Plaintiff suffered soft tissue injuries and a concussion in the collision.
Mr. Justice Stewart found that the effects of the Plaintiff’s back injuries were likely permanent and had a rather profound impact on her. He stated that “the effect…on the Plaintiff’s life was dramatic…her capacity to (keep her work and home environment in order) has been severely reduced . ” He went on to find that the Plaintiff was incredibly athletic before the collision and “was a woman who on the basis of the evidence placed before me, I can only describe as a dynamo” and as a result of the car crash “she became…ornery. She withdrew from her friends. She became moody and – stunning for her – one who sat idly watching television and gaining unwelcome weight. To some extent she became – utterly new to her – a chronic complainer.” Lastly he stated that (the defendant) “managed to reduce a woman operating at an athletic level undreamt of by 99% of the population to a woman who must now, often, be helped out of a chair. (the Plaintiff’s) compensable loss if overwhelming“.
Mr. Justice Stewart awarded the Plaintiff $55,000 for her non-pecuniary damages.,
In the second case (O’Rourke v. Kenworthy) released today by the BC Supreme Court the Plaintiff was involved in a 2004 BC Car Crash. The Defendant was 100% at fault. Madam Justice Wedge found that the Plaintiff was injured in the crash. Specifically the court found that the Plaintiff suffered from neck and back pain which was “severe for several months, which then alleviated considerably over the next year or so.” The Plaintiff curtailed many of the physical activities which she enjoyed by after about a year she “resumed most of these activities despite continuing ot experience pain“. By the time of trial she “continued to have pain in her neck and back, but it is not disabling. She has been able to work, and she is currently able to work. She participates in numerous sporting activities and continues to hike, which is her first love. She has continued to travel extensively. No medical professional offered the opinion that (the Plaintiff’s) pain is chronic in nature, or that it is caused by anything other than soft tissue injuries. They all agreed that her symptoms are expected to improve and will likely resolve gradually over time…At most (the Plaintiff) is at risk of suffering exacerbation’s of her pain if she engages in certain rigorous activities.”
Scrutinizing the facts of the above two cases the first Plaintiff appears to have suffered more severe injuries which had a more profound effect on her life. Yet both were awarded the exact same figure for pain and suffering. This does not necessarily mean that either award was wrong in law, rather the difference can readily be explained by the fact that pain and suffering awards are assessed within rather large ranges of acceptable damages. A more severe injury valued on the lower end of its respective range of damages can equal a more minor injury valued on the generous end of its range.
In the end, cases like this speak to the art of assessing pain and suffering in BC Injury Claims. As with any art ‘feel‘ becomes important and this is gained through time and experience. The more cases you read, the better you will get at the art of valuing non-pecuniary damages and determining the potential value of any given BC Injury Claim.
disc herniation, icbc injury claims, L4 nerve intrapment, L4 nerve root injury, L4-5 Injury, Madam Justice Wedge, Morrison v. Gauthier, Mr. Justice Stewart, non-pecuniary damages, o'rourke v. kenworthy, pain and suffering
I simply want to tell you that I am newbie to blogs and definitely savored this web blog. Most likely I’m likely to bookmark your site . You really have superb articles. With thanks for sharing with us your web page.
Wonderful work! This is the type of info that should be shared around the web. Shame on Google for not positioning this post higher! Come on over and visit my web site . Thanks =)
I have been exploring for a bit for any high-quality articles or blog posts on this kind of area . Exploring in Yahoo I at last stumbled upon this web site. Reading this information So i’m happy to convey that I’ve an incredibly good uncanny feeling I discovered exactly what I needed. I most certainly will make sure to do not forget this site and give it a glance regularly.
venta por catalogo
Good – I should definitely pronounce, impressed with your website. I had no trouble navigating through all tabs and related info ended up being truly simple to do to access. I recently found what I hoped for before you know it in the least. Reasonably unusual. Is likely to appreciate it for those who add forums or something, website theme . a tones way for your customer to communicate. Excellent task.
Thank you, I have just been looking for info about this subject for ages and yours is the greatest I’ve discovered so far. However, what concerning the conclusion? Are you sure concerning the supply?
marcel van hooijdonk
Hello just wanted to give you a quick heads up. The text in your content seem to be running off the screen in Firefox. I’m not sure if this is a formatting issue or something to do with web browser compatibility but I thought I’d post to let you know. The design and style look great though! Hope you get the problem resolved soon. Thanks
Hello there, You’ve done an excellent job. I will definitely digg it and personally recommend to my friends. I am sure they will be benefited from this site.
As I web site possessor I believe the content material here is rattling magnificent , appreciate it for your hard work. You should keep it up forever! Good Luck.
situs poker online
Today, while I was at work, my cousin stole my iPad and tested to see if it can survive a 40 foot drop, just so she can be a youtube sensation. My iPad is now broken and she has 83 views. I know this is completely off topic but I had to share it with someone!
location range rover
Simply wanna admit that this is very helpful , Thanks for taking your time to write this.
Wow, wonderful weblog structure! How lengthy have you been blogging for? you make running a blog look easy. The total look of your site is fantastic, as well as the content!
you are in point of fact a good webmaster. The web site loading pace is incredible. It seems that you’re doing any distinctive trick. Furthermore, The contents are masterwork. you’ve done a wonderful activity on this topic!
This really answered my downside, thanks!
מצלמות אבטחה לעסק
Very interesting points you have noted , thankyou for posting . “Opportunities are seldom labeled.” by John H. Shield.
situs poker online
Thanks , I have recently been searching for info about this subject for a while and yours is the greatest I’ve discovered so far. But, what about the bottom line? Are you certain concerning the supply?
Just wanna input on few general things, The website pattern is perfect, the content is very wonderful. “I delight in men over seventy. They always offer one the devotion of a lifetime.” by Oscar Fingall O’Flahertie Wills Wilde.
Unquestionably believe that which you stated. Your favorite justification seemed to be on the net the easiest thing to be aware of. I say to you, I definitely get irked while people consider worries that they just don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people can take a signal. Will probably be back to get more. Thanks
What i don’t realize is in fact how you are not actually a lot more well-liked than you might be now. You are so intelligent. You understand therefore considerably when it comes to this subject, made me individually consider it from numerous various angles. Its like men and women aren’t interested except it’s something to accomplish with Girl gaga! Your own stuffs great. At all times deal with it up!
It is in reality a nice and helpful piece of info. I’m happy that you simply shared this useful info with us. Please stay us informed like this. Thank you for sharing.
Thank you for any other great article. The place else may just anyone get that type of information in such an ideal manner of writing? I’ve a presentation next week, and I’m on the look for such information.
Digital Marketing Manager Wien
Online Marketing Wien
I gotta favorite this site it seems handy handy
Greetings! I know this is kinda off topic however , I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog article or vice-versa? My blog covers a lot of the same subjects as yours and I believe we could greatly benefit from each other. If you are interested feel free to send me an e-mail. I look forward to hearing from you! Awesome blog by the way!
But wanna state that this is handy , Thanks for taking your time to write this.
lifeguard training near me
F*ckin’ remarkable things here. I am very glad to see your post. Thanks a lot and i am looking forward to contact you. Will you please drop me a mail?
hi!,I like your writing so much! share we communicate more about your article on AOL? I require an expert on this area to solve my problem. Maybe that’s you! Looking forward to see you.
I am only writing to let you know of the perfect encounter my wife’s child found browsing yuor web blog. She came to find too many details, not to mention what it is like to possess a very effective giving character to have other folks very easily gain knowledge of certain extremely tough subject areas. You really did more than my expected results. I appreciate you for displaying these necessary, dependable, edifying as well as cool tips about this topic to Julie.
Oh my goodness! a tremendous article dude. Thank you Nonetheless I’m experiencing situation with ur rss . Don’t know why Unable to subscribe to it. Is there anyone getting an identical rss problem? Anyone who knows kindly respond. Thnkx
You have observed very interesting details! ps nice website.
Pretty nice post. I just stumbled upon your weblog and wanted to say that I’ve really enjoyed browsing your blog posts. In any case I’ll be subscribing to your feed and I hope you write again soon!
With havin so much written content do you ever run into any problems of plagorism or copyright violation? My website has a lot of unique content I’ve either authored myself or outsourced but it seems a lot of it is popping it up all over the web without my authorization. Do you know any methods to help stop content from being ripped off? I’d genuinely appreciate it.
Wow! This could be one particular of the most beneficial blogs We’ve ever arrive across on this subject. Basically Excellent. I am also a specialist in this topic therefore I can understand your effort.
Oferta Pracy Niemcy
Some really superb posts on this web site , regards for contribution.
I have been browsing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. Personally, if all site owners and bloggers made good content as you did, the internet will be a lot more useful than ever before.
Hey, you used to write wonderful, but the last several posts have been kinda boring… I miss your super writings. Past several posts are just a bit out of track! come on!
dj taydeville ft crime mob free
I know this if off topic but I’m looking into starting my own blog and was curious what all is needed to get set up? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet smart so I’m not 100 certain. Any suggestions or advice would be greatly appreciated. Appreciate it
Have you ever considered about including a little bit more than just your articles? I mean, what you say is valuable and all. However just imagine if you added some great images or videos to give your posts more, “pop”! Your content is excellent but with pics and videos, this site could certainly be one of the greatest in its field. Great blog!
Wonderful goods from you, man. I’ve understand your stuff previous to and you’re just extremely fantastic. I really like what you’ve acquired here, really like what you are stating and the way in which you say it. You make it entertaining and you still take care of to keep it sensible. I can not wait to read much more from you. This is really a terrific website.
custom smco magnets
As a Newbie, I am constantly searching online for articles that can benefit me. Thank you
Good ¡V I should definitely pronounce, impressed with your website. I had no trouble navigating through all tabs and related information ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Reasonably unusual. Is likely to appreciate it for those who add forums or something, web site theme . a tones way for your client to communicate. Nice task..
I was wondering if you ever considered changing the structure of your site? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having one or two images. Maybe you could space it out better?
You could definitely see your skills in the work you write. The arena hopes for even more passionate writers like you who are not afraid to mention how they believe. At all times go after your heart.
Tworzenie Stron Gorzow
I consider something really special in this web site.
A formidable share, I simply given this onto a colleague who was doing a bit evaluation on this. And he the truth is purchased me breakfast as a result of I found it for him.. smile. So let me reword that: Thnx for the treat! But yeah Thnkx for spending the time to discuss this, I feel strongly about it and love reading extra on this topic. If potential, as you change into expertise, would you mind updating your blog with extra particulars? It is highly helpful for me. Huge thumb up for this weblog post!
Well I truly liked reading it. This subject offered by you is very constructive for proper planning.
obat kuat alami
It’s really a nice and helpful piece of info. I am glad that you shared this useful info with us. Please keep us informed like this. Thank you for sharing.
Comments are closed.