Tag: Chronic Intermittent Soft Tissue Injury

$40,000 Non-Pecuniary Assessment for Lingering "Intermittent" Soft Tissue Injuries

Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, assessing damages for lingering intermittent soft tissue injuries.
In last week’s case (Wilson v. Honda Canada Financial Inc.) the Plaintiff was involved in a 2009 rear end collision.  Fault was not at issue.   Although the Court found that there “are serious issues regarding (the Plaintiff’s) credibility”  Madam Justice Fitzpatrick concluded the Plaintiff suffered a variety of soft tissue injuries, some of which remained symptomatic on an intermittent basis at the time of trial.  In assessing non-pecuniary damages at $40,000 the Court provided the following reasons:
[75]         I conclude and find as a fact the following with respect to Mr. Wilson’s injuries:
a)    Mr. Wilson suffered soft tissue injuries to his neck, shoulder and back areas as a result of the motor vehicle accident.
b)    Mr. Wilson’s low back injuries resolved very quickly after the accident.
c)     Mr. Wilson suffered from fairly constant neck and shoulder pain and headaches for the first six months, but these symptoms gradually became more intermittent and less severe until his return to work in early 2010.
d)    By May 2010, Mr. Wilson’s neck and shoulder pain and headaches were continuing on an intermittent basis, but were continuing to improve.
e)    At the time of the trial, Mr. Wilson continued to experience pain in his neck and shoulder area and was experiencing headaches, all on a very intermittent basis.
[112]     I award the sum of $40,000 for non-pecuniary damages.

$50,000 Non-Pecuniary Assessment for Chronic Intermittent Lower Back Pain

Short and to the point reasons for judgement were released earlier this week by the BC Supreme Court, Vancouver Registry, assessing non-pecuniary damages for a chronic low back injury.
In the recent case (Wong v. Robillo) the Plaintiff was involved in a 2010 collision which resulted in a “severe” impact.  Liability was admitted.  The Plaintiff suffered a neck injury which largely improved and a lower back soft tissue injury which became chronic and posed ongoing, intermittent difficulties by the time of trial.  In assessing non-pecuniary damages at $50,000 Mr. Justice Wong provided the following reasons:
[15]         The plaintiff still has chronic intermittent lower back pain which affects his endurance and prolonged walking or sitting.  Although he is able to carry out most household chores, it is with discomfort.  He has dramatically improved, but he has had to live with chronic intermittent pain, anxiety, and uncertainty for almost three years.  I would assess his pain and loss of personal amenities past and future at $50,000.

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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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