Chronic Pain

Chronic Psychiatric to be coined “Minor Injury” deserving $5,500 in NDP Injury Cap Scheme

The new NDP injury cap legislation degrades chronic psychiatric conditions to “minor injuries” and leaves claimants without a legal advocate. This change tramples on individual rights and its only aim is saving ICBC from elimination. The vulnerable, the innocent that develop … Continue reading

First Injury Case of 2018 Applies Possibility Test to Past Losses

In this important and first Supreme Court personal injury case of 2018 the court accepts that a claim for past loss of earning capacity involves a consideration of hypothetical events. Therefore an ICBC injury claimant is not required to prove these hypothetical … Continue reading

$75,000 for Chronic Injuries to Neck and Shoulder

  A money award after a car accident or fall is meant to provide some solace to an innocent victim of personal injury. Some injuries are not amenable to treatment or complete recovery, such as chronic pain syndrome, and victims … Continue reading

Pain and Suffering Award of $95,000 for Moderate Pain Disorder

This ICBC claimant was injured in a rear ender when driving on Boundary Road in Vancouver. When traffic came to a stop the claimant was rearended by a pick-up truck pushing her car about two car lengths into a van that … Continue reading

$75,000 Pain and Suffering Award for Aggravation of Prior Condition

In this personal injury case the claimant was injured in two car accidents and claimed to have suffered a chronic pain syndrome.  The judge found the medical expert opinion evidence presented to be highly unsatisfactory. Therefore judge Saunders was not persuaded … Continue reading

Injury Claimant Blamed for not Taking Anti-depressant Medication

Can ICBC reduce an injury award because you did not attend recommended therapy or treatment for depression or anxiety? We explore the answer in the following injury case review. The claimant was injured in a rear end motor vehicle accident on the Seymour Parkway … Continue reading

Offer to Settle ICBC Injury Case Beat and Double Costs Awarded

ICBC is now forced to pay double costs on behalf of their insured after failing to accept several reasonable offers to settle this personal injury claim. ICBC’s unreasonable conduct forced this claimant to pursue this car accident litigation for over 10 … Continue reading

$15,000 for Mental Distress and Total Disability Defined

This 36 year old injury claimant sought  an order requiring Empire Life Insurance Company  to pay her long-term disability benefits as the insurance company refused to pay the disability benefits (Tanious v. The Empire Life Insurance Company,2016 BCSC 110). The retroactive value of … Continue reading

$125,000 Pain and Suffering Award for Chronic Pain Syndrome

In this Chronic regional myofascial pain syndrome case the 35 year old ICBC claimant was stopped in her car at a red light when she was struck from behind by the defendant. Liability for the car accident was admitted. Injuries to … Continue reading

Teen Injury Award of $387,000 for Loss of Earning and Housekeeping Capacity Upheld

The claimant in this personal injury appeal(Crimeni v. Chandra,2015 BCCA 131) was injured in two car accidents, the first when she was 17 years old and in her last year of high school.  She suffered soft tissue injuries that left … Continue reading