$85,000 Non-Pecuniary Assessment for L1 Fracture and Concussion
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, assessing damages for injuries sustained in two collisions.
In today’s case (Wiebe v. Weibe) the Plaintiff was involved in two crashes, the first in 2012 the second in 2013. The first collision caused a fracture at the L1 level of the Plaintiff’s spine along with a concussion. The second aggravated some of her symptoms. By the time of trial she was left with some residual barriers due to her injuries as well as lingering pain. In assessing non-pecuniary damages at $85,000 Mr. Justice Tindale provided the following reasons:
[183] I accept that the plaintiff suffered an L-1 fracture as well as an injury to her mid back. I also accept Dr. Reddy’s diagnosis that the plaintiff suffered a concussion which is in keeping with the plaintiff’s description of her injuries after the First Accident….
[185] The plaintiff was virtually couch bound for a number of weeks after the First Accident.
[186] The plaintiff suffered a considerable weight gain after the First Accident though she has ultimately lost that weight. The plaintiff is currently physically active, able to run on a regular basis as well as attend a gym.
[187] The plaintiff still suffers from mid back pain though there has been significant improvement in her condition…
[190] The plaintiff in the case at bar suffered a serious injury to her low back as well as injuries to her mid back. She also suffered a concussion and developed anxiety which had an impact on her daily life for a number of months after the First Accident.
[191] Considering the inexhaustive list of common factors in Stapley and the fact that the plaintiff continues to suffer pain I conclude that damages of $85,000 are appropriate for this head of damage.