Personal Injury News

Chronic Pain Survivor Wins Her Appeal


This successful personal injury case appeal(Poirier v. Aubrey, 2010 BCCA 266) has been referred to and considered by the Supreme Court more than 6 times since I first wrote this post and it has not been overturned.  The injury claimant suffered soft tissue injury in a car accident  which led to the development of chronic pain . Her personal injury lawyer filed the lawsuit in Vancouver and she was awarded $223,503.00. She appealed from a damages assessment claiming that it was too low.
The question is whether the Courts optimistic prognosis was supported by the medical evidence. The appeal was allowed and the plaintiff awarded $528,503. There was no evidence to support the Court finding that she will improve in the future.
Poirier has been referred to in a pedestrain injury case I reviewed( Zawadzki v. Calimos, 2011 BCSC 45) wherein the injury claimant was hit by a U-Haul truck in New Westminster, British Columbia and  in a loss of housekeeping personal injury case .
This important personal injury case was also considered by the Supreme case of Shapiro v. Dailey where the 38-year-old claimant’s non-pecuniary damages were increased to $100,000.  Read my review of Shapiro at ICBC Forced to Pay $900,000 for loss of Earning Capacity.
Posted byICBC Personal Injury Lawyer  Mr. Renn A. Holness B.A., LL.B.
Issue: Did the trial judge go too far in finding the claimant would have improved despite the bleak forecasts of the doctors?

Tags: Chronic Pain, Pain and Suffering, Soft tissue injury

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Us

*lawyer confidentiality assured