$45,000 Pain and Suffering for Aggravation of Degenerative Changes
Reasons for judgement were released today awarding a Plaintiff just over $100,000 as a result of a 2006 collision which occurred in Vernon, BC.
The Plaintiff was hit from behind when stopped for a red light. The issue of fault was admitted. The accident resulted in minimal vehicle damage. In many ICBC claims defence lawyers try to get the Judge/Jury to focus on the lack of vehicle damage as opposed to the medical evidence. Here the Court noted that “Although the lack of vehicle damage may be a relevant consideration in considering (the Plaintiff’s) injuries,k it has to be balanced against the evidence of the Plaintiff and the medical evidence.”
The court heard from various medical experts including the Plaintiff’s doctor and 2 physiatrists (physicians specializing in rehabilitation).
The court accepted that the Plaintiff suffered a Whiplash Associated Disorder, cervicogenic headaches, and an onset of pain in previously asymptomatic degenerative changes in her neck. The court further accepted that these injuries will linger for some time but should continue to improve in the coming years.
The court assessed damages as follows:
|
Non-pecuniary Damages: |
$45,000.00 |
|
Special Damages: |
$2,172.30 |
|
Past Loss of Earnings/Opportunity to Earn: |
$2,500.00 |
|
Loss of Future Earning Capacity: |
$25,000.00 |
|
Cost of Future Care: |
$30,000.00 |
|
Loss of Past and Future Housekeeping Capacity: |
Nil |
|
TOTAL: |
$104,672.30 |