Pain and Suffering Awards for Year Long Soft Tissue Injuries Discussed
Reasons for judgement were released today addressing the value of non-pecuniary damages (money for pain and suffering and loss of enjoyment of life) for 2 plaintiffs who suffered soft tissue injuries in a 2006 BC car crash. I summarize the Court’s key findings in my continued effort to grow this public data base of damage awards in BC injury claims
In today’s case (Morrison v. Peng) the Plaintiffs (husband and wife) were rear-ended by a vehicle driven by the Defendant. Fault was admitted leaving the Court to value the Plaintiffs’ injury claims. Both suffered soft tissue injuries which lasted approximately one year. In assessing the Plaintiffs non-pecuniary damages at $9,000 and $18,000 respectively Mr. Justice Masuhara summarized the injuries as follows:
[23] Having considered the evidence, I am of the view that Mr. Morrison suffered soft tissue injuries to his neck and back which can be characterized as mild, and that his symptoms resolved within a year. Given my assessment of Mr. Morrison and the facts, my view is that he was able to do more than what he stated…
[26] Recognizing that the aforementioned cases are for guidance and that each case is to be determined on its own unique circumstances, I find a fair and reasonable non-pecuniary award to be $9,000.
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[42] Ms. Jabs’ condition is somewhat complicated by the several conditions that she has identified in the report. Based on the foregoing medical opinion, I find that that she suffered soft tissue injuries to her neck, upper and lower back and that the symptoms she experienced resulting from the accident had a duration somewhat beyond one year of the accident. Her chiropractic and massage treatments end at this point for about one year. I would characterize her injuries as mild to moderate in severity. ..
[46] Recognizing that the aforementioned cases are for guidance and that each case is to be determined on its own unique circumstances, I find a fair and reasonable non-pecuniary award to be $18,000.
Feel free to visit the soft-tissue injury archives of this site to review other BC cases addressing non-pecuniary damages for soft tissue injuries.