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Tag: Day v. Nicolau

$50,000 Non-Pecuniary Damage Assessment for Sacroiliac Joint Injury

Reasons for judgment were released today by the BC Supreme Court, Vancouver Registry, assessing damages for a Sacroiliac Joint injury following a motor vehicle collision.
In today’s case (Day v. Nicolau) the Plaintiff was injured in two separate collisions.  Fault for the crashes was admitted.  She suffered various soft tissue injuries the most serious of which was a sacroiliac joint injury.  By the time of trial her symptoms of pain persisted and were not expected to have further meaningful improvement.  In assessing non-pecuniary damages (money for pain and suffering and loss of enjoyment of life) at $50,000 Mr. Justice Wong provided the following reasons:

[34] From the evidence Ms. Day sustained a soft tissue injury in the two motor vehicle accidents.  She has not maintained the exercise and core strengthening regimen recommended by her treating doctors.  Without proper back care, the potential for flare ups and complications exist.

[35] It is unclear what state of recovery function Ms. Day could have obtained with proper back care and exercise.  All doctors indicate in their reports the importance of back care exercise.  Though their prognosis is guarded they seem to imply that with proper care there is still potential for return to functionality with only intermittent flare ups. ..

[46] Ms. Day is a 28 year old woman who has a chronic injury to her lower back and related sacroiliac joint injury and a less serious lasting injury to her neck and right shoulder.  She has experienced pain, discomfort and some limitations to enjoyment of her previous active life for almost five years and her future condition is guarded.

[47] I fix the non-pecuniary award at $50,000.