More on ICBC Claims, Soft Tissue Injuries and Assessment of Damages
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, (Runghen v. Elkhalil) awarding a Plaintiff just over $147,000 in total damages as a result of injuries and damages sustained in a BC car crash.
The collision occurred in 2004 when the Plaintiff’s vehicle was rear-ended. The issue of fault was admitted leaving only an assessment of damages at issue at trial.
In awarding $40,000 for pain and suffering (non-pecuniary damages) Madam Justice Fenlon made the following findings with respect to the Plaintiff’s injuries:
 Based on the evidence of the experts, which is largely consistent, I find that Ms. Runghen suffered mild soft tissue injuries to her cervical and lumbar spine as a result of the accident; I further find that due to those injuries, she has headaches and chronic pain that has affected her ability to function both at home and at work. I also find that Ms. Runghen’s pain and related incapacity are likely to markedly improve once an appropriate treatment plan is put in place.
Madam Justice Fenlon engaged in a thoughful discussion at paragraphs 17-34 of the judgement which is worth reviewing for anyone ingterested in seeing some of the factors courts take into consideration when valuing pain and suffering in ICBC soft tissue injury claims.
The balance of the judgement deals largely with claims for past wage loss and diminished earning capacity. Awards were made under both of these heads of damages. The court found that the Plaintiff’s ability to work was diminished as a result of chronic pain and that this would likely continue for at least some time after the trial. In awarding $35,000 for diminished earning capacity the court engaged in the following analysis:
 As noted earlier in these reasons, I accept that the chronic pain experienced by Ms. Runghen to date has been a limiting factor in her ability to take on longer hours at work. I expect that limitation will continue to some extent over the next year, as she engages in a rehabilitation exercise program. After that time, it is probable that she will be able to increase the amount of time she works to be more in keeping with what she would have been doing prior to the accident. In coming to this conclusion, I recognize that Ms. Runghen had not established her career as a massage therapist and that we do not have a solid base line from which to work.
 I am mindful that there is no certainty possible in terms of predicting what will occur in the future; there is a possibility, even with the correct treatment for her injuries, that Ms. Runghen may still experience some limitations.
 Applying the considerations identified in Brown v. Golaiy (1985), 26 B.C.L.R. (3d) 353 (S.C.), I find that Ms. Runghen is likely to be somewhat less capable, overall, of earning income from all types of employment and that, in particular, she is likely to be less capable of earning incoming from her chosen field of massage therapy. Ms. Runghen may have to consider retraining in another field or another area of specialization within massage therapy if she wishes to work full-time.
 In my view, given the potential for marked improvement in Ms. Runghen’s condition that both Dr. Cameron and Dr. McGraw identified in their reports, and based on Ms. Runghen’s own experience with a similar but truncated rehabilitation program with Karp, it would not be appropriate to apply the precise mathematical calculation of future income loss used by Ms. Runghen. Rather, this is an appropriate case to award a sum that takes into account the various contingencies and possibilities, without overcompensating Ms. Runghen by assuming the status quo and calculating a set wage shortfall over the next 36 year’s of her working life. I set that sum at $25,000.
 I find that Ms. Runghen will need approximately six months to put in place and complete a four-month exercise rehabilitation program. During that time, she will continue to work at her current level. I therefore award damages of $10,000 to cover loss of income during this period.
 In summary, I award Ms. Runghen a total of $35,000 for loss of future income and loss of earning capacity
diminished earning capacity, icbc injury cases, new westminster ICBC lawyer, pain and suffering, Runghen v. Elkhalil, soft tissue injuries, wage loss
hop over to this web-site
I just want to say I’m all new to blogging and absolutely savored your web-site. Most likely I’m going to bookmark your website . You really come with perfect posts. Regards for sharing your website.
Wow, marvelous blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your site is excellent, as well as the content!
Thank you for every other fantastic article. Where else may anyone get that type of info in such an ideal manner of writing? I have a presentation subsequent week, and I’m on the look for such information.
I do like the manner in which you have framed this matter and it does indeed offer me some fodder for consideration. On the other hand, coming from everything that I have seen, I simply just hope when the feedback pack on that people stay on issue and don’t start on a tirade regarding some other news du jour. All the same, thank you for this outstanding piece and even though I can not agree with it in totality, I respect the point of view.
you’re in reality a just right webmaster. The site loading speed is incredible. It sort of feels that you are doing any distinctive trick. Furthermore, The contents are masterwork. you’ve done a great process in this matter!
venta por catalogo
I do not even know how I ended up here, but I thought this post was good. I don’t know who you are but certainly you’re going to a famous blogger if you aren’t already 😉 Cheers!
marcel van hooijdonk
I enjoy, cause I discovered just what I used to be looking for. You’ve ended my 4 day lengthy hunt! God Bless you man. Have a great day. Bye
I’d have to check with you here. Which isn’t something I normally do! I get pleasure from studying a publish that can make folks think. Also, thanks for permitting me to comment!
I do believe all of the ideas you’ve introduced in your post. They are very convincing and can certainly work. Nonetheless, the posts are very brief for beginners. May you please prolong them a bit from subsequent time? Thanks for the post.
Motion Graphics Designer Wien
There are actually numerous details like that to take into consideration. That is a nice level to bring up. I offer the ideas above as normal inspiration but clearly there are questions just like the one you bring up the place crucial factor might be working in sincere good faith. I don?t know if finest practices have emerged round issues like that, however I am positive that your job is clearly recognized as a good game. Each boys and girls really feel the impact of just a momentís pleasure, for the rest of their lives.
situs poker online
Thank you for the auspicious writeup. It if truth be told was a enjoyment account it. Glance advanced to more brought agreeable from you! However, how could we keep in touch?
agen poker online
I was just looking for this information for a while. After six hours of continuous Googleing, at last I got it in your web site. I wonder what is the lack of Google strategy that do not rank this kind of informative sites in top of the list. Generally the top web sites are full of garbage.
Nice blog here! Also your site loads up very fast! What web host are you using? Can I get your affiliate link to your host? I wish my site loaded up as quickly as yours lol
I must express some appreciation to you for bailing me out of such a scenario. Right after scouting throughout the the web and coming across ideas which were not helpful, I assumed my entire life was gone. Existing devoid of the solutions to the problems you have sorted out through your good posting is a serious case, and the ones that would have negatively affected my entire career if I hadn’t noticed your web blog. Your actual talents and kindness in dealing with a lot of stuff was crucial. I’m not sure what I would’ve done if I hadn’t encountered such a stuff like this. I am able to now look forward to my future. Thanks a lot very much for this expert and effective guide. I won’t be reluctant to recommend the blog to any person who would like counselling on this subject matter.
I really like your blog.. very nice colors & theme. Did you make this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to design my own blog and would like to know where u got this from. appreciate it
Attractive section of content. I just stumbled upon your web site and in accession capital to assert that I acquire in fact enjoyed account your blog posts. Anyway I will be subscribing to your feeds and even I achievement you access consistently fast.
Thank you for sharing superb informations. Your web-site is so cool. I’m impressed by the details that you¡¦ve on this web site. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for more articles. You, my friend, ROCK! I found just the info I already searched all over the place and just could not come across. What an ideal site.
Piqued favour stairs it enable exeter as seeing. Remainder met improving but engrossed sincerity age. Better but length gay denied abroad are. Attachment astonished to on appearance imprudence so collecting in excellence. Tiled way blind lived whose new. The for fully had she there leave merit enjoy forth.
Some really wonderful info , Gladiola I noticed this. “The problem with any unwritten law is that you don’t know where to go to erase it.” by Glaser and Way.
затворы sung do
I believe you have observed some very interesting points , thankyou for the post.
I intended to send you this tiny observation to be able to thank you yet again with your splendid techniques you’ve provided on this website. It’s certainly unbelievably open-handed of you to grant extensively exactly what numerous people would’ve supplied for an ebook to help with making some money for themselves, principally seeing that you might well have tried it in the event you desired. The tricks as well acted like a good way to be aware that other individuals have similar dreams the same as my own to see somewhat more with reference to this problem. I think there are numerous more fun situations ahead for people who read carefully your website.
I think other site proprietors should take this website as an model, very clean and wonderful user genial style and design, as well as the content. You are an expert in this topic!
Great – I should certainly pronounce, impressed with your web site. I had no trouble navigating through all tabs and related info ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or anything, site theme . a tones way for your client to communicate. Excellent task.
Utterly indited subject material , thanks for information .
Whats Happening i’m new to this, I stumbled upon this I have found It positively useful and it has helped me out loads. I hope to give a contribution & help other customers like its aided me. Good job.
It is really a nice and helpful piece of information. I’m glad that you simply shared this useful information with us. Please keep us informed like this. Thanks for sharing.
It’s actually a great and helpful piece of info. I’m glad that you shared this helpful information with us. Please keep us up to date like this. Thanks for sharing.
Great work! This is the kind of info that are meant to be shared across the net. Disgrace on Google for now not positioning this submit upper! Come on over and talk over with my site . Thank you =)
Good ¡V I should certainly pronounce, impressed with your web site. I had no trouble navigating through all the tabs as well as related information 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 anything, site theme . a tones way for your customer to communicate. Nice task..
I like the valuable information you provide in your articles. I’ll bookmark your blog and check again here frequently. I’m quite certain I will learn a lot of new stuff right here! Good luck for the next!
Hello there, I found your blog via Google while looking for a related topic, your site came up, it looks great. I’ve bookmarked it in my google bookmarks.
I regard something genuinely special in this web site.
I like what you guys are up also. Such smart work and reporting! Keep up the superb works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my web site 🙂
where to watch game of thrones
This design is steller! You certainly know how to keep a reader amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Excellent job. I really loved what you had to say, and more than that, how you presented it. Too cool!
Very interesting information!Perfect just what I was looking for!
I would like to thnkx for the efforts you have put in writing this blog. I’m hoping the same high-grade web site post from you in the upcoming also. In fact your creative writing abilities has inspired me to get my own web site now. Actually the blogging is spreading its wings rapidly. Your write up is a great example of it.
you’re really a good webmaster. The web site loading speed is amazing. It kind of feels that you’re doing any unique trick. Moreover, The contents are masterwork. you have done a magnificent job on this topic!
I do agree with all the concepts you’ve offered for your post. They are very convincing and can certainly work. Nonetheless, the posts are too brief for beginners. May just you please prolong them a bit from next time? Thank you for the post.
Thank you for the sensible critique. Me and my neighbor were just preparing to do a little research on this. We got a grab a book from our local library but I think I learned more from this post. I am very glad to see such magnificent info being shared freely out there.
Praca W Opiece Niemcy
I simply could not depart your site prior to suggesting that I actually loved the standard info an individual supply for your guests? Is going to be back continuously in order to check out new posts.
Nice blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple tweeks would really make my blog jump out. Please let me know where you got your theme. Thanks
Lovely site! I am loving it!! Will come back again. I am taking your feeds also.
You are a very clever person!
A formidable share, I just given this onto a colleague who was doing slightly evaluation on this. And he in fact purchased me breakfast because I discovered 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 attainable, as you turn out to be expertise, would you mind updating your weblog with more details? It’s highly useful for me. Large thumb up for this weblog post!
Keep functioning ,impressive job!
Hello.This post was really fascinating, especially since I was looking for thoughts on this issue last Wednesday.
Pozycjonowanie Stron Google Gorzow
But a smiling visitor here to share the love (:, btw great style .
Hi, i read your blog occasionally and i own a similar one and i was just wondering if you get a lot of spam responses? If so how do you protect against it, any plugin or anything you can suggest? I get so much lately it’s driving me crazy so any support is very much appreciated.
Thanks for your entire labor on this site. My daughter take interest in making time for investigation and it’s really simple to grasp why. We notice all about the lively form you provide rewarding tips and tricks through the blog and therefore boost contribution from some others on that point and our favorite simple princess is in fact understanding a lot of things. Have fun with the rest of the new year. Your doing a very good job.
Heya i’m for the first time here. I found this board and I find It really useful & it helped me out much. I hope to give something back and help others like you helped me.
Comments are closed.