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Judge Awards over $650,000 for Chronic Myofascial Pain


In this ICBC personal injury case the claimant sought injury compensation of over $865,000, with loss of future earning capacity at over $618,000.  ICBC, the insurer, argued that the claimant should not receive more than $89,000( Camilleri v. Bergen, 2015 BCSC 124).
The claimant was injured in a motor vehicle collision and there was largely consensus among the medical experts that the claimant suffered from chronic myofascial pain as a result of the collision. The claimant was on  Cultus Lake Road  stopped waiting to make a right hand turn when suddenly and without warning her vehicle was struck from the rear.
The court was satisfied that the claimant proven a real and substantial possibility that her earning capacity had been impaired due to being injured in the car accident. She was no longer able to see all of the clients she would like to see in her private practice because of her pain symptoms and the need to lay down between seeing clients. The court found however that like most people, as the claimant gets older, she will reduce the number of hours she works.
It is not loss of earnings, but loss of earning capacity for which the claimant was compensated. In this case, an earnings approach was applied for quantifying that loss. The judge concluded that an award of $475,000 for future loss of earning capacity ass appropriate.
The claimant also testified that, following a discussion with the first Insurance Company of British Columbia (“ICBC”) adjuster, she hired a  Horticultural Services to do a lot of the necessary yard work. ICBC assessed the claimants need for homemaking support services.  The court preferred to award loss of homemaking capacity and yard work capacity under the same head of damages at $45,000.
In summary, the injury claimant was awarded the following damages:

1. Pain and Suffering

$90,000

2. Past wage loss

45,907

3. Future loss of earning capacity

475,000

4. Loss of homemaking and
yard work capacity

45,000

5. Future care costs

5,000

6. Out of pocket expenses

9,000

TOTAL:

$669,907

The personal injury claimant was also entitled to her case expenses and a contribution toward her legal fee.
Posted by BC Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
 

Tags: Car Accident Claim, icbc case examples, ICBC Injury claim, loss of earning capacity, loss of homemaking capacity, Myofacial Pain Syndrome, Pain and Suffering

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