$65,000 Non-Pecuniary Assessment for Chronic "Low Level" Pain
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, assessing damages for soft tissue injuries which resulted in chronic, albeit ‘low level’ pain for a Plaintiff.
In the recent case (McGoningle v. Parada) the Plaintiff was involved in a 2013 collision that the Defendant accepted fault for. The Plaintiff suffered various soft tissue injuries which largely improved however she was left with chronic low level pain. In assessing non-pecuniary damages at $65,000 Mr. Justice Bracken provided the following reasons:
[56] I find that the plaintiff suffered a soft tissue injury to her neck, back and shoulders in the accident. She experienced pain and restricted movement for a few months before things began to improve…
[59] I find the plaintiff’s condition has clearly improved, but she still suffers a level of pain that impacts her ability to do any heavy lifting or carving of large pieces. She is able to create small crafts and perform light duties at the soup kitchen…
[61] I am satisfied on the evidence that the plaintiff still suffers from a low level of pain that interferes with her daily life and limits her ability to perform heavy work and causes some pain in her work creating small crafts. It appears that a program of physiotherapy, massage therapy and acupuncture did result in improvement, but the plaintiff was either unable or unwilling to follow the recommended course of treatment…
[69] I agree with the defendant to the extent that the plaintiff’s injuries have improved significantly since the date of the accident and, even though the plaintiff suffers from chronic pain, she has made significant progress to the point that she has almost full range of motion of her upper body, neck and shoulders with pain only at the extremes of rotation. I find the appropriate amount for non-pecuniary damages is $65,000.