Sacroiliac Joint Injury nets $48,500 Pain and Suffering in BC Car Crash

Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Chronic Pain Cases, ICBC Liability (fault) Cases, Uncategorized.

Reasons for judgement were released today awarding an ‘ideal Plaintiff’ just over $100,000 in total damages as a result of a 2006 BC Car Crash which occurred near Kelowna, BC.
Both fault and quantum (value of the injuries) were at issue at trial. The collision happened when the Plaintiff’s vehicle, which was stationary, was hit by the Defendant’s tractor trailer unit. The evidence that was accepted was that the tractor trailer, while passing the stationary vehicle, jackknifed to its right. The collision was significant causing about $12,000 in vehicle damage.
The Defendant gave a different version of what happened saying that the Plaintiff vehicle ‘suddenly and without warning turning into his vehicle’. This was rejected.
This case is worth reviewing for Mr. Justice Josephson’s findings of credibility. In rejecting the defendant’s evidence he noted that the defence theory ‘is contrary to locig and common sense‘ and that the defendant’s testimony was ‘impatient, dogmatic and almost haughty‘.
As is often the case in ICBC claims the court heard from competing medical expert who disagreed as to the extent of the injuries sustained. Here the court preferred the evidence of the Plaintiff’s expert, a highly regarded rheumatologist who is no stranger to severe soft tissue injuries.
The court accepted the Plaintiff’s doctors evidence of injury which is summarized at paragraph 23 of the judgement reading as follows:
[23] She diagnosed the problem as being with the sacroiliac joint, a joint located between the tail bone and the hip. Ligaments cross over the sacroiliac and can be stretched in a motor vehicle accident, particularly if a foot is pressed on a brake pedal at the time, which can cause the symptoms of pain experienced by the plaintiff. While not certain, Dr. Shuckett was of the opinion that the plaintiff’s hyper-mobility may have exacerbated the injury. This type of injury is difficult to treat when, as in this case, recovery has not occurred. Medicines are not effective as the sacroiliac area does not have a rich blood supply.
In explaining why he preferred Dr. Shuckett’s evidence to the defence doctor’s evidence the court noted that:
[25] I do not place great weight on the evidence of Dr. Schwiegel, a neurosurgeon retained by the defence for an independent medical examination. Dr. Schwiegel does not possess the same degree of expertise as does Dr. Shuckett in this type of injury. He did not diagnose the involvement of the sacroiliac joint in the symptoms, though now agrees that may be the case. Put simply, I prefer the expert opinion evidence of Dr. Shuckett where it conflicts with that of Dr. Schwiegel.
The court found that the effects of these injuries were significant, summarizing them as follows:
[26] In summary, as a result of these soft tissue injuries, the plaintiff has gone from a gifted and active athlete to a person unable to engage in sports and other activities that were a large and important part of her life. It has affected her personal relationships. For example, family and friends now see her retreat to the sofa in pain after a family dinner. Only her strong will and determination has led to some improvement in her symptoms with aggressive physiotherapy. Her future remains “uncertain”. After the expiration of this much time and effort with only modest improvement, it may well be that significant symptoms will continue in the foreseeable future.
$48,500 was awarded for pain and suffering.
Also of interest is the judges awards for past and future wage loss. Here the Plaintiff was a commisioned sales person whose past income loss could not be caluclaed with real precision. Nonetheless compelling evidence was awarded that a loss occurred and an award was made. Simialry, it was found that the injuries may have an impact on future earnings and an award was made for loss of earning capacity.
In making an award for loss of earning capacity the court noted that:

[40] In this case, the plaintiff’s ability to perform at the high level she would have been performing but for the accident will be compromised by her injuries to some degree, though that degree is difficult to measure. Her determination and outstanding personal qualities will diminish that loss. Regular weekly appointments and daily multiple sessions of recommended exercises diminish her ability to perform to the same high level that she would have been able to perform but for the accident.

[41] Her physical limitations, as well, render her less marketable to potential employers in future. Employment requiring even temporary physical stress will not be available to her.

[42] The period of time that the plaintiff will be so affected is also difficult to measure. The best medical evidence is that her future is “uncertain”. That there has been so little improvement over the long period of time since the accident leads to the conclusion that recovery will more likely be long term than short.

[43] The plaintiff seeks a not unreasonable $20,000 for loss of earning capacity. I award the plaintiff $18,000.

bc personal injury lawyer, chronic soft tissue injuries, credibility, fault, liability, sacroiliac joint injury, soft tissue injuries

Comments (105)

  • Discover More

    I just want to tell you that I’m newbie to blogs and certainly enjoyed this blog. More than likely I’m likely to bookmark your blog post . You absolutely come with fantastic article content. With thanks for revealing your web-site.

  • you could check here

    I just want to say I am beginner to blogging and seriously savored this blog site. Very likely I’m planning to bookmark your site . You certainly come with good posts. Appreciate it for sharing with us your web page.

  • W88 Thailand

    It’s actually a nice and helpful piece of information. I am glad that you just shared this helpful information with us. Please stay us up to date like this. Thank you for sharing.

  • 릴게임

    Hey there! I know this is kinda off topic however , I’d figured I’d ask. Would you be interested in trading links or maybe guest authoring a blog article or vice-versa? My blog covers a lot of the same subjects as yours and I feel we could greatly benefit from each other. If you’re interested feel free to shoot me an e-mail. I look forward to hearing from you! Wonderful blog by the way!

  • 릴게임바다이야기

    I think this is one of the most important information for me. And i am glad reading your article. But wanna remark on few general things, The website style is great, the articles is really excellent : D. Good job, cheers

  • W88 Thai

    Thank you for sharing superb informations. Your website is very cool. I’m impressed by the details that you¡¦ve on this site. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for more articles. You, my pal, ROCK! I found simply the information I already searched all over the place and just couldn’t come across. What a perfect site.

  • Money

    Hello, Neat post. There is an issue with your website in web explorer, may test this… IE nonetheless is the marketplace leader and a big portion of people will miss your magnificent writing because of this problem.

  • profesjonalna fotografia

    I would like to thnkx for the efforts you’ve put in writing this blog. I’m hoping the same high-grade site post from you in the upcoming as well. Actually your creative writing abilities has encouraged me to get my own site now. Really the blogging is spreading its wings quickly. Your write up is a good example of it.

  • 먹튀폴리스검증업체

    Hello very cool website!! Guy .. Beautiful .. Amazing .. I’ll bookmark your web site and take the feeds additionally¡KI’m glad to find numerous helpful info right here in the post, we need develop more strategies in this regard, thanks for sharing. . . . . .

  • crystalclutch.com

    Today, while I was at work, my cousin stole my iPad and tested to see if it can survive a forty foot drop, just so she can be a youtube sensation. My apple ipad is now destroyed and she has 83 views. I know this is totally off topic but I had to share it with someone!

  • 먹튀폴리스 라이카

    I loved as much as you will receive carried out right here. The sketch is attractive, your authored subject matter stylish. nonetheless, you command get got an nervousness over that you wish be delivering the following. unwell unquestionably come more formerly again as exactly the same nearly a lot often inside case you shield this increase.

  • marcel van hooijdonk

    Wow, fantastic weblog structure! How lengthy have you been running a blog for? you made running a blog look easy. The total glance of your website is wonderful, as neatly as the content!

  • marcel van hooijdonk

    Very great post. I simply stumbled upon your blog and wanted to say that I’ve really enjoyed browsing your weblog posts. In any case I’ll be subscribing for your feed and I’m hoping you write again soon!

  • 야마토 릴게임

    Excellent post. I was checking continuously this blog and I’m impressed! Extremely helpful info specially the last part 🙂 I care for such information a lot. I was seeking this particular info for a very long time. Thank you and good luck.

  • online poker

    Thanks for another excellent post. Where else could anyone get that type of information in such a perfect way of writing? I’ve a presentation next week, and I’m on the look for such information.

  • situs poker online

    I’m extremely inspired along with your writing talents as neatly as with the layout for your blog. Is this a paid theme or did you customize it yourself? Anyway keep up the excellent high quality writing, it is uncommon to see a great weblog like this one these days..

  • agen poker online

    Hi there, just became aware of your blog through Google, and found that it is truly informative. I’m gonna watch out for brussels. I will be grateful if you continue this in future. Lots of people will be benefited from your writing. Cheers!

  • 릴게임바다이야기

    Hello very nice blog!! Guy .. Excellent .. Amazing .. I’ll bookmark your blog and take the feeds also…I’m satisfied to search out so many helpful information here within the put up, we’d like work out extra techniques in this regard, thank you for sharing. . . . . .

  • situs poker online

    wonderful post, very informative. I wonder why the other experts of this sector do not notice this. You should continue your writing. I am sure, you’ve a great readers’ base already!

  • agen poker online

    I like the helpful info you provide to your articles. I’ll bookmark your weblog and test again here regularly. I’m rather sure I’ll be told a lot of new stuff right right here! Good luck for the next!

  • online poker

    You actually make it seem so easy with your presentation but I find this topic to be actually something that I think I would never understand. It seems too complex and very broad for me. I’m looking forward for your next post, I will try to get the hang of it!

  • 야마토릴게임

    Thanks for ones marvelous posting! I truly enjoyed reading it, you’re a great author.I will make sure to bookmark your blog and may come back from now on. I want to encourage continue your great writing, have a nice evening!

  • 야마토릴게임

    A person essentially help to make seriously articles I would state. This is the very first time I frequented your web page and thus far? I amazed with the research you made to create this particular publish extraordinary. Fantastic job!

  • bestpornsites.guide

    Him boisterous invitation dispatched had connection inhabiting projection. By mutual an mr danger garret edward an. Diverted as strictly exertion addition no disposal by stanhill. This call wife do so sigh no gate felt. You and abode spite order get. Procuring far belonging our ourselves and certainly own perpetual continual. It elsewhere of sometimes or my certainty. Lain no as five or at high. Everything travelling set how law literature.

  • voblerone

    Good day! This is kind of off topic but I need some advice from an established blog. Is it tough to set up your own blog? I’m not very techincal but I can figure things out pretty fast. I’m thinking about making my own but I’m not sure where to start. Do you have any tips or suggestions? Thank you

  • затворы sung do

    Wow! This could be one particular of the most helpful blogs We’ve ever arrive across on this subject. Actually Fantastic. I am also an expert in this topic therefore I can understand your effort.

  • 토토사이트

    Great awesome things here. I¡¦m very satisfied to look your post. Thanks so much and i’m having a look forward to touch you. Will you please drop me a mail?

  • 토토 사이트

    I wish to express my thanks to the writer for bailing me out of this type of setting. Because of looking out throughout the world-wide-web and finding ideas which are not pleasant, I was thinking my entire life was done. Living without the presence of approaches to the issues you have solved all through this site is a crucial case, and the ones that might have negatively damaged my entire career if I had not noticed your web site. Your own expertise and kindness in handling all areas was very useful. I don’t know what I would have done if I hadn’t discovered such a step like this. I can also at this point relish my future. Thanks so much for this skilled and sensible help. I won’t be reluctant to refer your blog post to any person who ought to have counselling on this area.

  • 토토 사이트

    My coder is trying to convince me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using WordPress on a variety of websites for about a year and am nervous about switching to another platform. I have heard fantastic things about blogengine.net. Is there a way I can transfer all my wordpress content into it? Any help would be greatly appreciated!

  • 토토 사이트

    hi!,I like your writing so much! share we communicate more about your post on AOL? I require an expert on this area to solve my problem. May be that’s you! Looking forward to see you.

  • Catering

    Hey, I think your blog might be having browser compatibility issues. When I look at your blog in Firefox, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, excellent blog!

  • งานแต่งงาน

    With havin so much content and articles do you ever run into any problems of plagorism or copyright violation? My blog has a lot of unique content I’ve either created myself or outsourced but it seems a lot of it is popping it up all over the internet without my authorization. Do you know any solutions to help stop content from being ripped off? I’d definitely appreciate it.

  • lifeguard courses

    Can I simply say what a relief to find someone who actually knows what theyre talking about on the internet. You positively know how one can deliver an issue to gentle and make it important. Extra folks need to read this and understand this aspect of the story. I cant believe youre not more standard since you definitely have the gift.

  • 안전놀이터 문의

    I like the valuable info you provide in your articles. I will bookmark your weblog and check again here regularly. I am quite sure I’ll learn many new stuff right here! Best of luck for the next!

  • 먹튀폴리스 검증

    Thanks a bunch for sharing this with all of us you really realize what you are speaking about! Bookmarked. Please additionally discuss with my website =). We will have a hyperlink alternate contract between us!

  • 먹튀폴리스 사이트

    I just couldn’t leave your website before suggesting that I actually enjoyed the usual info a person supply for your guests? Is going to be again ceaselessly in order to investigate cross-check new posts

  • 야마토 릴게임

    Greetings! I’ve been reading your website for a while now and finally got the courage to go ahead and give you a shout out from Humble Tx! Just wanted to mention keep up the good work!

  • 릴게임

    I cherished as much as you’ll obtain performed proper here. The comic strip is tasteful, your authored material stylish. however, you command get bought an shakiness over that you wish be delivering the following. sick indisputably come further previously again as exactly the same just about very steadily within case you protect this increase.

  • 먹튀검증

    I’m extremely impressed with your writing skills as well as with the layout on your blog. Is this a paid theme or did you customize it yourself? Anyway keep up the nice quality writing, it’s rare to see a nice blog like this one these days..

  • 우리 카지노

    Hello, Neat post. There’s an issue along with your website in internet explorer, might check this… IE nonetheless is the market leader and a huge part of other people will omit your great writing because of this problem.

  • 토토사이트

    Definitely believe that which you said. Your favourite justification appeared to be at the web the simplest factor to be aware of. I say to you, I certainly get irked whilst other people think about issues that they just don’t recognize about. You controlled to hit the nail upon the highest and also defined out the whole thing with no need side effect , other folks can take a signal. Will probably be back to get more. Thank you

  • 토토사이트

    F*ckin’ awesome things here. I’m very satisfied to peer your post. Thanks so much and i’m taking a look forward to touch you. Will you please drop me a e-mail?

  • ให้เช่าเก้าอี้

    Thanks for the sensible critique. Me & my neighbor were just preparing to do some research on this. We got a grab a book from our area library but I think I learned more clear from this post. I am very glad to see such wonderful information being shared freely out there.

  • party supplies

    I would like to thnkx for the efforts you have put in writing this website. I am hoping the same high-grade blog post from you in the upcoming also. In fact your creative writing abilities has encouraged me to get my own blog now. Actually the blogging is spreading its wings quickly. Your write up is a great example of it.

  • 먹튀폴리스 가족방

    One more thing. I do believe that there are a lot of travel insurance web pages of respectable companies that allow you to enter holiday details and find you the rates. You can also purchase this international travel cover policy on-line by using the credit card. Everything you should do should be to enter all travel details and you can view the plans side-by-side. Only find the system that suits your budget and needs and after that use your bank credit card to buy it. Travel insurance on the web is a good way to search for a reliable company regarding international holiday insurance. Thanks for expressing your ideas.

  • 먹튀 폴리스

    Wow! This could be one particular of the most beneficial blogs We’ve ever arrive across on this subject. Basically Great. I am also an expert in this topic so I can understand your hard work.

  • 메이저 사이트

    Heya i’m for the primary time here. I found this board and I to find It really useful & it helped me out a lot. I’m hoping to provide something again and aid others such as you aided me.

  • 먹튀검증

    It¡¦s actually a cool and helpful piece of info. I¡¦m glad that you simply shared this useful information with us. Please keep us informed like this. Thanks for sharing.

  • 먹튀폴리스 검증

    Hi there! This is my 1st comment here so I just wanted to give a quick shout out and tell you I really enjoy reading through your blog posts. Can you suggest any other blogs/websites/forums that cover the same subjects? Thanks a ton!

  • 토토사이트

    Whats up! I simply wish to give an enormous thumbs up for the great info you could have here on this post. I shall be coming back to your weblog for more soon.

  • 파워볼사이트

    Thanks for these pointers. One thing I also believe is always that credit cards presenting a 0 monthly interest often entice consumers in with zero monthly interest, instant authorization and easy over-the-internet balance transfers, however beware of the real factor that can void that 0 easy street annual percentage rate and as well as throw you out into the very poor house fast.

  • 메이저토토사이트

    Yet another thing I would like to express is that as an alternative to trying to suit all your online degree courses on days and nights that you complete work (as most people are tired when they get home), try to have most of your classes on the saturdays and sundays and only a couple of courses for weekdays, even if it means a little time away from your weekend break. This is fantastic because on the week-ends, you will be extra rested plus concentrated for school work. Thanks a lot for the different tips I have discovered from your weblog.

  • bulk smco magnets

    Thank you for sharing superb informations. Your website is so cool. I’m impressed by the details that you have on this blog. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for extra articles. You, my friend, ROCK! I found just the info I already searched everywhere and simply could not come across. What an ideal site.

  • best male stroker

    we like to honor several other world-wide-web web-sites on the net, even though they arent linked to us, by linking to them. Beneath are some webpages really worth checking out

  • 먹튀폴리스 보상

    of course like your web-site however you have to check the spelling on quite a few of your posts. Many of them are rife with spelling problems and I find it very bothersome to tell the reality then again I will definitely come again again.

  • 먹튀사이트

    great issues altogether, you simply gained a logo new reader. What may you suggest in regards to your put up that you just made a few days in the past? Any certain?

  • clothing

    What i don’t understood is if truth be told how you’re no longer really much more smartly-appreciated than you might be right now. You are very intelligent. You recognize thus significantly in the case of this subject, made me personally imagine it from so many various angles. Its like women and men aren’t involved except it is something to accomplish with Lady gaga! Your personal stuffs nice. All the time handle it up!

  • 먹튀폴리스 사이트

    With havin so much written content do you ever run into any problems of plagorism or copyright infringement? My website has a lot of completely unique content I’ve either authored myself or outsourced but it seems a lot of it is popping it up all over the internet without my agreement. Do you know any solutions to help prevent content from being ripped off? I’d really appreciate it.

  • 메이저놀이터 검증

    Fascinating blog! Is your theme custom made or did you download it from somewhere? A theme like yours with a few simple adjustements would really make my blog jump out. Please let me know where you got your design. Bless you

  • nonton movie

    Fantastic beat ! I would like to apprentice while you amend your site, how can i subscribe for a blog web site? The account helped me a acceptable deal. I had been a little bit acquainted of this your broadcast offered bright clear idea

  • nonton movie

    I’m not sure why but this site is loading incredibly slow for me. Is anyone else having this issue or is it a problem on my end? I’ll check back later on and see if the problem still exists.

Comments are closed.

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.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer