$50,000 Awarded for Pain and Suffering in Neck Injury Case

On February 21, 2008, the Honourable Mr. Justice Wong awarded $50,000 for pain and suffering for a neck injury.
The Plaintiff was involved in a forceful collision on June 2, 2004. She sustained various injuries including headaches, back pain and neck pain. By the time of trial some of the injuries improved, however the Plaintiff continued to suffer from back pain and neck pain. Evidence was presented that she likely had damage to the facet joints in the upper cervical spine and that the prognosis for resolution of her pain was poor.
In addition to compensation for pain and suffering, the Plaintiff was awarded damages for past income loss, loss of general earning capacity, special damages, and cost of future care.

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.

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.

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