Author: ERIK MAGRAKEN

CBD Oil and Medical Marijuana Costs Recovered in Personal Injury Claim

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for personal injuries which included the successful recovery of money spent for CBD oil and medical marijuana to treat chronic pain.

In today’s case (Culver v. Skrypnyk) the Plaintiff was injured in two collisions.  These resulted in partly disabling chronic back and leg pain.  The treatments attempted over the years included the use of CBD oil and medical marijuana.  The Court awarded recovery for the costs of these medications noting they were reasonably incurred special damages.  In reaching this conclusion Mr. Justice Davies provided the following reasons:

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$200,000 Non-Pecuniary Assessment for Post Concussion Syndrome With Poor Prognosis

Reasons for judgement were published today by the BC Supreme Court, Campbell River Registry, assessing damages for chronic consequences from a head injury.

In today’s case (Mickelson v. Sodomsky) the 50 year old plaintiff was involved in a 2015 T-bone collision.  The Defendant admitted liability.  The crash resulted in a mild traumatic brain injury and the plaintiff developed post concussion syndrome with a poor prognosis for further recovery.  The consequences of the injury were largely disabling.  In assessing non-pecuniary damages at $200,000 Mr. Justice Thompson provided the following reasons:

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$140,000 Non-Pecuniary Assessment for “Severe” Ankle Fracture

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a severe ankle injury.

In today’s case (Chau v. Pereira) the Plaintiff was struck by a vehicle while walking in a marked crosswalk.  The Defendant denied liability but was found fully responsible at trial.   The crash resulted in a severe ankle injury with post traumatic arthritis that was expected to deteriorate to the likely stage of needing fusion or joint replacement.  In assessing non-pecuniary damages at $140,000 Mr. Justice Baird provided the following reasons:

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$200,000 Non-Pecuniary Assessment For Disabling Chronic Depression and PTSD

Reasons for judgement were published this week by the BC Supreme Court, New Westminster Registry, assessing damages for chronic and disabling psychiatric injuries.

In the recent case (Gill v. Aperdoorn) the Plaintiff was injured in a 2015 collision.  The Defendant admitted liability.  The crash resulted in severe depression and PTSD.  The injuries were disabling and the prognosis for further improvement was not optimistic.  In assessing non-pecuniary damages at $200,000 Madam Justice Gropper provided the following reasons:

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Slip and Fall Claim Succeeds After Plaintiff Injured on Wet Boardwalk

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, addressing fault and damages for a fall a Plaintiff sustained while walking on a wet boardwalk.

In today’s case (Owens v. Steveston Waterfront Properties Inc.) the Plaintiff fell and broke her right kneecap in an incident described as follows:

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$70,000 Non-Pecuniary Assessment for Partly Limiting Chronic Pain

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for chronic pain with partial limitations arising from a vehicle collision.

In today’s case (Rabiei v. Oster) the Plaintiff was involved in a 2016 collision.  The Defendants accepted fault.  The crash resulted in various soft tissue injuries resulting in chronic pain in the plaintiff’s neck, back and shoulder.  These injuries resulted in some impairment in the Plaintiff’s ability to work and also impacted activities outside work.  Full recovery was not expected.  In assessing non-pecuniary damages at $70, 000 Madam Justice Adair provided the following reasons:

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Cyclist Struck in Marked Crosswalk Found 100% at Fault for Crash

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, dismissing a personal injury claim involving a cyclist struck by a vehicle.

In today’s case (Dhanoya v. Stephens) the Plaintiff cyclist rode into a marked crosswalk without stopping and was struck by a vehicle.  The Court found the cyclist was fully at fault for the collision and had the cyclist kept a proper lookout the collision could have been avoided.  In finding the cyclist solely liable Madam Justice Dillon provided the following reasons:

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$200,000 Non-Pecuniary Assessment for Chronic Post Concussion Syndrome

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a mild traumatic brain injury and post concussive problems caused by a collision.

In today’s case (Dornan v. Stephens) the Plaintiff was involved in a 2016 rear end collision.  The Defendants admitted fault.  The Plaintiff suffered a variety of injuries including a mild traumatic brain injury and post concussion syndrome which became chronic.

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ICBC Ordered To Pay “Accelerated Depreciation” Damages Following Vehicle Collision

As I’ve previously written, when a vehicle is involved in a crash and is then repaired it is generally worth less than it would be had it not been damaged.  The reason for this is quite simple.  When a buyer is looking to purchase a used vehicle, those that have previously been damaged and repaired carry a stigma.  This stigma generally results in a lower resale value.

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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

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