This car accident injury claimant was seeking compensation from what she said was a very severe impact on her life due to her car accident injuries (Shapiro v. Dailey, 2010 BCSC 770). These injuries were soft tissue type injuries that developed into persisting chronic pain syndrome, fibromyalgia, myofascial pain, anxiety/panic disorder, depressive symptoms, post-traumatic stress disorder, thoracic outlet syndrome, and associated physical, emotional and cognitive difficulties. This case has been considered or referred to at least 4 times but has not been overturned to date. Read my review of a car accident shoulder injury case that considered this case. Also considering this case was a failure to mitigate personal injury case which I have also reviewed. This case was also referred to in the ICBC statement case of Sandher v. Hogg, 2010 BCSC 1152.
ICBC did not dispute that the injury claimant was injured in the car accident, conceding that she suffered soft tissue injuries that resulted in ongoing myofascial pain, pain disorder, anxiety and depression. ICBC contested, however, the severity of the degree to which the plaintiff claims that her functioning has been reduced and impaired. In addition, ICBC maintained that the injury claimant failed to mitigate her damages.
On the whole of the evidence, the Court was satisfied that, as a result of the car accident, the injury claimant suffered soft tissue injuries to her cervical, lumbar and sacral spine. The Court awarded her over $1.4 million, which included $110,000.00 for pain and suffering. ICBC conceded that the claimant had suffered a loss of income earning capacity, but submitted that the appropriate assessment of this loss is in the range of $40,000 – $80,000. The Court disagreed and awarded $900,000.00 for loss of earning capacity.
Posted By Vancouver Personal Injury Lawyer Mr. Renn A. Holness
Issue: Should ICBC, or any other third party insurer, have to pay a penalty for low balling a case and forcing an injury claimant to go to trial to get a reasonable award?