Tag: Bhumrah v. McLeary

$92,000 Diminished Capacity Award Despite “80-90%” Recovery From Chronic Soft Tissue Injuries

Reasons for judgment were published this week by the BC Supreme Court, Vancouver Registry, assessing damages for largely recovered but lingering soft tissue injuries and chronic pain following a collision.

In the recent case (Bhumrah v. McLeary) the Plaintiff was injured in a collision caused by the Defendant.  The Defendant accepted fault for the rear end crash.  The collisions resulted in soft tissue injuries.  Despite enjoying “80-90%” recovery the Plaintiff had lingering chronic pain and depression secondary to these injuries.  The injuries were “expected to continue, to some degree, into the future as well. “.

The Plaintiff was employed as commercial transport mechanic.  He missed considerable time from work but eventually was able to return.  Despite this there was evidence that the lingering injuries were not particularly compatible with work of this physicality.   In assessing damages for diminished earning capacity at $92,000 Madam Justice McDonald provided the following reasons:

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Damages Assessed for 5% Diminished Earning Capacity

Reasons for judgement were published last week by the BC Supreme Court, Vancouver Registry, demonstrating that even a modest level of disability can add up to substantial losses when calculated over working years.

In the recent case (Bhumrah v. McLeary) the Plaintiff was injured in a 2018 collision caused by the Defendant.  The court found the collision resulted in lingering injuries that, while not outright disabling, resulted in a 5% diminished earning capacity.  In assessing damages at $80,000 for future economic loss the Honourable Justice Winteringham provided the following reasons:

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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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