BC Court Awards $102,680 for Soft Tissue Injuries and Chronic Pain
In a judgement released on March 19, 2008, The BC Supreme Court awarded a Plaintiff a total of $102,680 for various soft tissue injuries that resulted in chronic pain.
The Plaintiff was a passenger in a mini-van that was involved in a relatively severe collision on January 11, 2004.
As is often the case in ICBC injury claims, competing medical evidence was presented at trial. The trial judge accepted the opinions of the Plaintiff’s treating GP and her physiatrist. It was accepted that the Plaintiff sustained significant soft tissue injuries in the collision. As a result of these, the judge concluded that the Plaintiff will be left with chronic pain that will affect her future employability, the number of hours she will be able to work, and the duration of her working years.
The Plaintiff’s damages included $50,000 for pain and suffering.
The case includes an interesting analysis as to whether a subsequent accident was to blame for the Plaintiff’s injuries and whether or not the Plaintiff did a reasonable job in mitigating her injuries.