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Injury Claimant awarded $62,000 despite other Driver ICBC statement Saying Accident not Very Severe

  
Sandher v. Hogg, 2010 BCSC 1152
August 17, 2010-  The injury claimant  was operating a 2001 Honda Civic on King George Highway in British Columbia  when she was rear-ended by another vehicle. Before the impact she had slammed on her brakes because the vehicle in front of her had suddenly stopped. She also tensed prior to the impact because she saw the other car approaching fast” in her rear view mirror.  ICBC admitted fault.
The claimant’s vehicle sustained minor damage to the rear bumper and mounting bracket. In his statement to ICBC, the other driver described the impact as “not very severe”.
The judge concluded that as a result of the accident the claimant  sustained soft tissue injuries to her shoulder and upper and lower back, and that these injuries have caused her pain and suffering. The court accepted that the claimant  continued  to experience pain from her injuries and that there will be some continuing chronic pain  in the future for an uncertain period of time.
The court further concluded that the injuries she sustained have impaired her long-term earning capacity. The preponderance of evidence also established a real and substantial possibility that the impairment in her earning capacity will result in a pecuniary loss in the future. Although the degree of her impairment is relatively modest, it exists nonetheless. The judge therefore awarded the following:
       1)       Pain and suffering:                                  $40,000
       2)       loss of future earning capacity:            $20,000
       3)       cost of future care:                                     $2,000
       4)       Out of pocket expenses :                            $961
TOTAL:                                                                         $62,961
Posted by Mr. Renn A. Holness
Issue: Is $20,000 enough for a loss of future earning capacity for a young person in a physically demanding job?
 

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