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$35,000 Non-Pecuniary Assessment For 3 Year Whiplash Injury

Written by admin on . Posted in ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.


Keeping this site’s whiplash database current, reasons for judgement were released last week by the BC Supreme Court, New Westminster Registry, assessing damages for a soft tissue injury claim as a result of a motor vehicle collision.
In last week’s case (Carter v. Zhan) the Plaintiff was involved in a 2006 collision.  Fault was admitted.  The Plaintiff was injured in the crash and alleged the consequences were permanent.  She sought damages between $149,000-$206,000 at trial.  Despite rejecting the severity of the Plaintiff’s claims, Mr. Justice Verhoeven accepted the Plaintiff did suffer a whiplash injury of 36 months duration.  In assessing non-pecuniary damages at $35,000 the Court provided the following reasons:
[99] On the evidence, I accept that the plaintiff has established to the requisite standard of proof in a civil case that the accident resulted in soft tissue injuries which persisted for approximately 36 months after the accident, gradually lessening over that recovery period.  Thereafter, I conclude that she suffered from only minor lingering effects.  It follows that I am not satisfied that the plaintiff has established that her injuries are essentially permanent as she claims…

[122] In determining an appropriate non-pecuniary award to compensate the plaintiff for her losses, I set out my findings in relation to the relevant Stapley factors:

1. the plaintiff was 32 years old at the time of the accident(she is now 37);

2. she suffered mild to moderate soft tissue injuries to her neck, jaw, shoulders, back, and pelvic girdle;

3. these injuries caused her mild to moderate pain and discomfort in her neck, jaw, shoulders, back, and pelvic girdle, primarily on the left side of her body, for approximately three years and minor lingering effects thereafter, with the pain lessening gradually over those three years.  She also occasionally suffered minor chest stiffness and soreness and headaches;

4. the plaintiff’s injuries are not permanent and she is not disabled as a result of the accident;

5. the injuries caused the plaintiff some emotional pain and loss of enjoyment of life over the three-year recovery period;

6. the plaintiff was also somewhat restricted in her physical activities over that time; and

7. the plaintiff did not suffer a loss of lifestyle as a result of her injuries.

[123] Bearing in mind these factors, I find the following cases provide some assistance in determining the appropriate range for non-pecuniary damages: Cameron v. Savory, 2008 BCSC 1708, [2008] B.C.J. No. 2429 [Cameron]; Dhanoa (Litigation guardian of) v. Hui, 2008 BCSC 907, [2008] B.C.J. No. 1307 [Dhanoa]; Mullican v. Steuart, 2003 BCSC 289, [2003] B.C.J. No. 416 [Mullican]; Lane v. Ford Credit Canada Leasing Limited et al., 2003 BCSC 701, [2003] B.C.J. No. 1042 [Lane]; Gray v. Balsdon, [1996] B.C.J. No. 667 (S.C.) [Gray]; and Johnston v. Day, 2002 BCSC 480, [2002] B.C.J. No. 920 [Johnston].

[124] Considering all the circumstances, and the principles enunciated in Stapley, I assess Ms. Carter’s non-pecuniary loss at $35,000.

$10,000 Non-Pecuniary Assessment for 4 Month Soft Tissue Injury; Costs Denied Under Rule 14-1(10)

Written by admin on . Posted in BCSC Civil Rule 14, ICBC LVI (Low Velocity Impact) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.


Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, assessing damages for soft tissue injuries sustained in consecutive motor vehicle collisions.
In last week’s case (Liu v. Thaker) the Plaintiff was involved in two collisions, the first in October of 2007 and the second a month later.  Both collisions caused relatively minor soft tissue injuries which largely recovered in 4 months.  In assessing Non-Pecuniary Damages at $10,000 Mr. Justice Schultes made the following findings:

[58] On the whole I would say that the plaintiff’s case offered persuasive evidence of relatively minor soft-tissue injuries, rather than the unpersuasive evidence of more serious injuries that is sometimes seen in motor vehicle injury cases.

[59] I find that Mr. Liu did suffer the injuries that he described and that they were caused by the two accidents for which the defendants have admitted responsibility. These were soft-tissue injuries to the neck and shoulder which had largely resolved by the end of February 2009, about four months after the first accident…

[65] In all the circumstances, balancing the various factors, and having due regard to the range, but not being straight jacketed by it, I consider an award of $10,000 for non-pecuniary damages to be appropriate in this case.

Paragraphs 75-82 of the reasons for judgment are also worth reviewing for the Court’s reasoning in denying the Plaintiff costs findng there was no ‘sufficient reason’ to sue in Supreme Court pursuant to Rule 14-1(10).
Lastly, paragraph 56 is worth reviewing for the Court’s comments addressing the Defendant’s ‘low velocity impact’ testimony.  Mr. Justice Schultes provided the following criticism:
[56] Except as to the bare contours of his involvement in the first accident, I did not find Mr. Thaker’s evidence credible. He sought to portray the impact as so slight as to be virtually negligible — a mere touching of the vehicles, in his view. But he also sought to absolve himself of the responsibility of having caused the accident, even though liability has been admitted on his behalf. This suggested somewhat of a self-serving perspective on his part, which is at odds with the reality of the situation. It also made no sense to me, if the impact had been as trivial as Mr. Thaker claimed, that he would have asked Mr. Liu if he was okay afterwards, as he described. On his version of a mere touching between the vehicles, such an inquiry would have been completely unnecessary.

$12,000 Non-Pecuniary Assessment For 7 month Whiplash Injury

Written by admin on . Posted in ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases.

Reasons for judgement were released last week by the BC Supreme Court, Penticton Registry, assessing damages for soft tissue injuries caused by a motor vehicle collision.
In last week’s case (Kingsfield v. Powers) the Plaintiff was involved in a 2007 collision in Oliver, BC.  Fault for the crash was disputed and ultimately the Court held that both parties were to blame with the Plaintiff shouldering 75% of the fault.
The Plaintiff suffered from chronic back pain although the Court did not accept this was caused by the collision.  The Court did, however, accept the Plaintiff suffered a whiplash injury which remained symptomatic for 7 months.  In assessing non-pecuniary damages at $12,000 (before the reduction for liability) Mr. Justice Barrow provided the following reasons:

[57] It follows from the foregoing that I am not satisfied that the on-going low back problems that Mr. Kingsfield is experiencing are causally related to the injuries he sustained in the motor vehicle accident.

[58] The next issue is an assessment of Mr. Kingsfield’s other injuries. They gave rise to fairly significant pain and discomfort for the first month after the accident. He was unable to do his job during that time, and when he did return to work it was to light duties for about six weeks. He continued to experience headaches until approximately mid-March and his neck was painful beyond that, perhaps until June 2008, some seven months after the accident. During this time his injuries did affect his life. He had difficulty sleeping, did not continue with his recreational activities, curling in particular, and generally felt poorly.

[59] The cases of Dolha v. Heft, 2011 BCSC 738; Morales v. Neilson, 2009 BCSC 1890; and De Leon v. Harold, 2010 BCSC 1802, are instructive in terms of quantum. All involved soft tissue injuries that resolved within a year. In Dolha the plaintiff’s significant injury was to her back and neck. Those injuries resolved within six to nine months following the accident. She was awarded $10,000 in non-pecuniary damages. In Morales the plaintiff suffered soft tissue injuries to his shoulder, neck and back. While those injuries limited his activities somewhat he was able to work seven days a week in a physically demanding job since the accident. His injuries were all resolved by a year post-accident. He was awarded $11,000 in non-pecuniary damages. In De Leon, the stoic plaintiff suffered soft tissue injuries which, due to her active participation, resolved substantially within two months of the accident and almost entirely within six months. She was awarded non-pecuniary damages of $12,000.

[60] I am of the view that an appropriate award of non-pecuniary damages in this case is $12,000. Mr. Kingsfield’s injuries significantly affected his life, including how he performed at work. Although he is entitled to compensation for past wage loss, I accept that the plaintiff takes pride in being able to do his job and his inability to do it was a source of significant anxiety while he awaited the resolution of his injuries.

$35,000 Non-Pecuniary Assessment For SI Joint Injury With Flare-Ups; LVI Defence Rejected

Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC LVI (Low Velocity Impact) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.

Reasons for judgement were released last week by the BC Supreme Court, New Westminster Registry, assessing damages for a sacroiliac joint injury caused by a motor vehicle collision.
In last week’s case (Bartel v. Milliken) the Plaintiff was involved in a 2008 collision.  Fault was admitted by the Defendant.  Although the Defendant challenged the Plaintiff’s credibility arguing she “is exaggerating her injuries and their effect” the Court rejected this submission and found the Plaintiff suffered various soft tissue injuries which continued to flare with activity.  In assessing non-pecuniary damages at $35,000 Madam Justice Gerow provided the following reasons:

[26] It is apparent from a review of the whole of the evidence that Ms. Bartel suffered injuries to her neck and back in the accident which had resolved for the most part by February 2009, although she was still experiencing intermittent pain in her sacroiliac joint areas. Since then she has had flare-ups, the October 2009 incident being the most significant. Although there is some evidence of ongoing shoulder problems, the evidence is that Ms. Bartel suffered from shoulder problems prior to the accident. There is insufficient evidence to conclude that her ongoing shoulder problems are as a result of the motor vehicle accident.

[27] Both Dr. Kelly and Dr. le Nobel are of the opinion that Ms. Bartel’s prospect for full recovery is guarded. However, Dr. le Nobel is of the opinion that Ms. Bartel may have significant improvement if not complete resolution of her symptoms with injections into her back and an exercise program.

[28] Based on the evidence, I have concluded that Ms. Bartel suffered a moderate soft tissue injury to her neck, back and sacroiliac joint which resolved for the most part within seven months with occasional flare-ups. The injuries Ms. Bartel suffered have restricted her ability to engage in gardening and walking in the manner she could prior to the motor vehicle accident. It is likely there will be ongoing restrictions on her gardening as a result of the injuries…

[35] Having considered the extent of the injuries, the fact that the symptoms were largely resolved within seven months with occasional flare-ups and the ongoing restrictions on Ms. Bartel’s gardening, as well as the authorities I was provided, I am of the view that the appropriate award for non pecuniary damages is $35,000.

Another noteworthy aspect of the judgement was the Court’s rejection of the so called LVI defence.  The Defendant argued that since there was modest vehicle damage the injury itself was modest.  In rejecting this submission the Court provided the following comments:

[23] Finally, the defendants point to the fact that the accident was not severe enough to cause the ongoing symptoms Ms. Bartel complains of. The defendants’ proposition that a low velocity accident cannot cause any significant injury to a plaintiff has not been accepted in a number of cases, including Gordon v. Palmer (1993), 78 B.C.L.R. (2d) 236 (S.C.); Lubick v. Mei, 2008 BCSC 555; and Jackman v. All Season Labour Supplies Ltd., 2006 BCSC 2053. As stated in Gordon at paras. 4 and 5:

I do not subscribe to the view that if there is no motor vehicle damage then there is no injury. This is a philosophy that the Insurance Corporation of British Columbia may follow, but it has no application in court. it is not a legal principle of which I am aware and I have never heard it endorsed as a medical principle.

Significant injuries can be caused by the most casual of slip and falls. Conversely, accidents causing extensive property damage may leave those involved unscathed. The presence and extent of injuries are to be determined on the basis of evidence given in court. Objectivity is thus preserved and the public does not have to concern itself with extraneous philosophies that some would impose on the judicial process.

[24] Although the severity of the accident is a factor that should be taken into consideration when determining whether Ms. Bartel suffered injuries in the motor vehicle accident and the extent of those injuries, it is not determinative of either issue. Rather the whole of the evidence must be considered in determining those issues.

$75,000 Non-Pecuniary Assessment for Chronic Injuries Caused by Two Collisions

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

Reasons for judgemet were released last week by the BC Supreme Court, New Westminster Registry, assessing damags for injuries sustained in multiple collisions.
In last week’s case (Bansi v. Pye) the Plaintiff was involved in two collisions, the first in 2005, the second in 2008.  The Plaintiff was faultless for both collisions focussing the trial on an assessment of damages.  The Plaintiff suffered varoius injuries which were recovering when they were aggravated by the secod crash.  These included various soft tissue injuries and headaches which were expected to last indefinatly and to limit the Plaintiff in his trade in construction management.  In assessing non-pecuniary damages at $75,000 Mr. Justice Jenkins provided the following reasons:

[33] Also at page 7 of her report of January 11, 2011, Dr. Caillier listed “The Injuries of Issues Related to the MVA No. 2 dated April 25, 2008” as follows:

1.         Cervicogenic headaches

2.         Cervicogenic dizziness

3.         Left hearing complaints. . .

4.         Exacerbation of pre-existing symptoms involving the neck, upper back, and lower back regions.

5.         Soft tissue musculoligamentous injury involving the neck, upper back, and posterior shoulder girdle and lower back region.

6.         Further aggravation of degenerative changes within the lumbar spine.

7.         Altered mood and anxiety.

8.         Worsening of sleep disturbance.

9.         Further decrease in ability to participate in the functional, recreational, and vocational activities of his choosing.

[34] Further at page 9, Dr. Caillier stated:

It is my opinion, given the chronicity of Mr. Bansi’s physical symptoms, both following that of the first motor vehicle accident as well as ongoing since the time of the second motor vehicle accident, the likelihood of him becoming pain-free is very poor…

[42] The two MVAs have had a significant negative impact on Mr. Bansi’s lifestyle and quality of life. Mr. Bansi had previously been very active and energetic whether in working on home renovations, exercising at the gym, cycling, washing family vehicles, participating in family events, services and prayers at the temple, working at household chores including maintenance of the gardens and yard, driving family members for appointments, shopping and much more.

[43] Since the MVAs, he has had considerable difficulty driving for any significant time, he no longer looks after the family gardens and yard, rarely socializes with family or at the temple, lacks motivation, spends more time alone in his suite at the family home, rarely takes care of his young niece and nephew, no longer goes on bike rides with his sister and has clearly had significant problems in carrying out his duties on construction sites. Not only has he had difficulty performing the work, his productivity is considerably impaired and what were simple physical tasks now take much longer. His employers have also noted his decrease in production and energy on the work site which I will address further in his claim for past loss of income and diminished earning capacity…

[52] …Considering that the injuries sustained by Mr. Bansi are not seriously challenged, his lower back injury is likely permanent, having to start his rehabilitation over again after the 2008 MVA will have an impact on his psyche, the difficulties he is having in performing previously simple tasks which were part of his job as a construction manager, the likelihood of him having to persevere with chronic pain in the future, and the resulting loss of enjoyment of life, I find an appropriate award of non-pecuniary damages to be $75,000.

$40,000 Non-Pecuniary Assessment for "Stabalized and Static" Soft Tissue Injuries

Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.


A not uncommon pattern for many people who experience soft tissue injuries following a motor vehicle collision is an acute phase of injury followed by a gradual period of improvement where the injuries, while largely recovered, do flare with heavier activity.  Reasons for judgement were released last week by the BC Supreme Court, Victoria Registry, assessing damages for such an injury.
In last week’s case (Stein v. Kline) the Plaintiff was involved in a 2008 rear-end collision.  ICBC admitted fault on behalf of the rear driver.   The collision resulted in little vehicle damage but the Plaintiff nonetheless sustained injuries.   After a short period of disability the Plaintiff was able to resume work and over a period of several months was able to resume recreational activities.  Despite this his injuries remained vulnerable to aggravation with physical activity.  In assessing non-pecuniary damages Mr. Justice Bracken provided the following reasons:

[31] The only medical evidence is contained in the report of Dr. Smith.  His report of July 28, 2011 states:

In summary, it is my opinion that Mr. Stein suffered injuries as a result of the motor vehicle accident of June 19, 2008.  It is my opinion that he suffered a musculoligamentous strain of the neck, scapular area and low back.  The strain of the scapular area and low back were mainly on the right hand side.  After the accident he was not fit to work until July 30, 2008 and he was then on light duty for the next several weeks.  Mr. Stein was treated with physiotherapy.  He was treated with anti-inflammatory drugs and occasionally a muscle relaxant.  He was shown a stretching program for his neck and lower back and has been able to control his symptoms with these stretching exercises since stopping physiotherapy in late 2008.  Mr. Stein still gets flares of scapular area pain and low back pain if he is overly active.  He is able to participate in his work on a regular basis and does virtually all the work he did before although he tries to avoid heavy lifting.  He is fit to participate in hockey, golf and other sports although he does these less frequently than in the past.  Any overuse causes him to have some flare up of pain in the scapular area or the lower back which usually settles within a few days.  He has intermittent spasm in the neck and lower back on examinations depending on his activities in the previous few days.

It is my opinion that Mr. Ron Stein’s injuries are soft tissue in nature.  His injuries have stabilized and have been quite static for the past year with only occasional flare-ups related to overuse.  He may require some intermittent physiotherapy or massage therapy in the future if he has increased pain or spasm but generally he is managing this well with a home exercise program.  It is now more than three years since the initial injury and it is my opinion that Mr. Ronald Stein is likely to have some ongoing muscle tenderness and occasional flare-ups as he has been doing for the last several months.  His injuries are not in any bone or joint and he is not going to be subject to an increased risk of osteoarthritis.

[32] In these circumstances, it is my view that the cases of Reyes v. Pascual and Schulmeister v. Furmanak are the most comparable.  The cases referred to by the plaintiff are in my view cases where the injuries were more serious.

[33] Based on the evidence presented and a review of the applicable case law, I find an appropriate award for non-pecuniary damages in this case is $40,000.  This award is perhaps somewhat generous given the evidence, but it reflects the fact that the plaintiff is still experiencing some pain more than three years post-accident.  While he is able to continue with these activities, he has occasional limitations that are attributable to his injuries from the accident and he still experiences some activity-induced pain.

Its Important to Know The Low End of the Range

Written by admin on . Posted in ICBC LVI (Low Velocity Impact) Cases, ICBC Soft Tissue Injury Cases.


When valuing a case for non-pecuniary damages its easy to cherry pick a few cases with similar facts and focus on the high end of potential damage awards.  While it is useful to be familiar with such authorities it is equally important to know the low end of potential damages as injuries are sometimes valued accordingly.  Knowing both ends of the risk spectrum helps make a more informed decision when valuing an injury claim.
With this in mind, reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, assessing damages on a very modest basis following a motor vehicle collision.
In last week’s case (Lee v. Dueck) the Plaintiff was involved in a 2009 so-called ‘low velocity impact’.  The Plaintiff was injured and some of her injuries lingered to the time of trial.  Madam Justice Gray found that the Plaintiff was “a straighforward witness who did not exaggerate“.  Despite this positive finding the Court concluded that the injuries were minor and that their consequences were not particularly significant.  In assessing non-pecuniary damages at $5,000 Madam Justice Gray provided the following reasons:

[35] In summary, Ms. Lee suffered minor soft tissue injuries in the accident. It was a relatively low velocity accident, but in Dr. Le Nobel’s opinion, Ms. Lee was at increased risk for more severe musculoskeletal consequences from physical trauma because she had increased ligamentous laxity in her joints. I accept that she suffered the injuries she has described. While she did not know whether her continuing problems were the result of the accident, I accept Dr. Le Nobel’s opinion that the injuries were likely caused by the accident.

[36] Ms. Lee suffered pain in her left ankle which resolved after about 10 days. She suffered pain in her right wrist which gradually improved and was gone by about seven months after the accident, except for flares of pain. The injuries caused her to substantially modify her cooking and housework for less than a month after the accident. She was a homemaker and her substantial modification to her work in the home was similar to a person who would take a couple of weeks entirely off work, and then gradually increase work.

[37] Since the accident, Ms. Lee has modified her activities to avoid heavy lifting and repeated twisting. Ms. Lee was essentially pain-free for about a year from the summer of 2010 to the summer of 2011, and after that she has suffered minor, brief flare?ups of pain with heavy lifting or frequent use of her wrist. She does not have pain or limitation of function on a daily basis. She is at risk for future flares of pain…

[51] In this case, Ms. Lee was 37 at the time of the injuries. The ankle resolved after about 10 days, and the wrist substantially resolved after about seven months. Ms. Lee has been left with chronic intermittent short?lived pain, which is triggered by heavy lifting and repeated twisting, but which she is able to avoid by modifying her activities to avoid those actions. This has not significantly affected her ability to work as a homemaker or in work or other activities that she is likely to pursue.

[52] In all the circumstances, a fair award for Ms. Lee’s non?pecuniary damages is $5,000.

$50,000 Non-Pecuniary Assessment for "Myofascial Pain Syndrome"; Rule 15 Soft Cap Exceeded

Written by admin on . Posted in BCSC Civil Rule 15, ICBC Soft Tissue Injury Cases, Uncategorized.

Adding to this site’s expanding database for BC soft-tissue injury assessments, reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, addressing damages for chronic soft tissue injuries with a poor prognosis.
In last week’s case (Bissonnette v. Horn) the Plaintiff was involved in a 2007 collision.  Fault was admitted focusing the trial on damages.  The Court found that the Plaintiff suffered various soft tissue injuries involving her beck, back hip and leg.  The injuries continued to cause difficulties to the time of trial and were expected to linger into the future.  In assessing non-pecuniary damages at $50,000 Madam Justice Gray provided the following reasons:

[74] I accept the evidence of Dr. Frankel that Ms. Horn continues to suffer with left hip, neck, left leg, and lower back pain, disturbed sleep patterns, headaches, anxiety, and weight gain as a result of her motor vehicle related injuries. I also accept his opinion that, as these symptoms have continued for over four years since the accident, her prognosis for full recovery is guarded. Dr. Chu testified that the prognosis was fairly good for Ms. Horn’s widespread myofascial pain syndrome and that it usually responds to active exercise and treating sleep or mood disturbances. I accept this evidence as well….

[76] Ms. Horn’s continuing pain has diminished since the accident, but remains significant enough to affect her work, recreation, and sleep. She suffered other symptoms closer to the accident, including severe headaches, a broken tooth, and a finger injury.

Global damages of just over $100,000 were awarded demonstrating the soft cap in action set out for fast track trials in Rule 15.  This is not the first time this has happened since the new rules came into force and also confirms the disjunctive nature of Rule 15 allowing for the prosecution of claims over the $100,000 damage cap.

$80,000 Non-Pecuniary Damage Assessment For Aggravation of Pre-Existing Back Pain; Indivisible Injuries Discussed

Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.

Reasons for judgement were released last week assessing damages for a permanent aggravation of pre-existing back and neck injuries as a result of a collision.
In last week’s case (Delgiglio v. British Columbia (Public Safety and Solicitor General)) the Plaintiff was involved in a 2009 collision.  His vehicle was struck by an RCMP cruiser that ran a red light.  The Defendant motorist claimed the crash happened due to faulty brakes but the Court rejected this suggestion and found the officer fully at fault.
The Plaintiff suffered from various pre-existing injuries including chronic back pain.  Despite this he was able to work.  Following the 2009 collision his injuries were aggravated and disabled the Plaintiff from his occupation as a truck driver.  The Plaintiff’s disability was expected to continue.   In assessing non-pecuniary damages at $80,000 Madam Justice Gropper made the following findings:

[91] The evidence supports, and I have found, that Mr. Del Giglio suffered a re-aggravation of his neck and lower back pain in the January 2009 accident. He has reached a plateau in his recovery. He has not returned to his baseline level of activity which he enjoyed before the accident. He has not returned to his pre-accident level of pain. Though initially optimistic, Mr. Del Giglio’s physicians are all of the view that his prognosis is “guarded at best.”

[92] Mr. Del Giglio has suffered pain and loss of enjoyment of his life. The injuries have had a serve impact. I accept that Mr. Del Giglio’s pain has been distressful and have affected his emotional state. Despite Dr. Monk’s not having diagnosed depression, Dr. Purtzki did find such symptoms, which are anticipatable, given the reduction in the activities, including the ability to work, which Mr. Del Giglio has experienced.

[93] On the other hand, Mr. Del Giglio has been able to maintain his musical career, a vocation that he clearly thrives upon. That is a factor which I will take into account.

[94] A further factor is that Mr. Del Giglio is aging and some deterioration in his cervical spine is, in Dr. McKenzie’s words, “not uncommon.”  I accept that he would have had some increased pain at some point, but the accident accelerated the onset…

[97] Having reviewed the cases provided, I conclude a fair and reasonable award for non-pecuniary damages is $80,000.

In addition to the above this case is worth reviewing for the Court’s discussion of indivisible injuries at paragraphs 73-86 of the reasons for judgement and the arguments of defence regarding the effects of a release for a previous collision contributing to an indivisible injury.

$40,000 Non-Pecuniary Damage Assessment For Chronic Soft Tissue Injuries

Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Headache Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases.

Adding to this site’s archived BC soft tissue injury cases, reasons for judgement were released earlier this year by the BC Supreme Court, Victoria Registry, assessing damages for chronic soft tissue injuries caused by a motor vehicle collision.
In the recent decision (Hammond v. Meeker) the Plaintiff was involved in a 2008 rear-end collision.  Fault was admitted by the rear motorist.   The Plaintiff was 7 months pregnant at the time and the impact was “substantial“.
The Plaintiff suffered from soft tissue injuries to her neck and upper back which continued to produce symptoms including headaches and pain at the time of trial.  The symptoms were expected to continue “for an indefinite period of time“.  In valuing the Plaintiff’s non-pecuniary damages (money for pain and suffering and loss of enjoyment of life) at $40,000 Mr. Justice Curtis provided the following reasons:
[20] I find on the evidence that the sum of $40,000 is reasonable and fair compensation to Ms. Hammond for the pain and suffering and loss of enjoyment of life inflicted upon her by the February 9, 2008 collision.  She has suffered a soft tissue injury to her neck and upper back, the significant symptoms of which, particularly headaches and pain and stiffness in the neck, have not resolved in the four years since the collision, and will likely continue for an indefinite period of time in the future.  While the injury and symptoms do not actually prevent any particular activity, they make many activities painful and not enjoyable to the extent that she does not do them.  This has been particularly difficult for her given her position as a home maker with two small children and for a while three with B.T. as a foster child.  On the other hand, I accept Dr. Christie’s opinion that her injury will not require surgery, nor will it make osteoarthritis more likely.