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 her neck, upper and lower back, shoulders, depression, sleep disturbance, fatigue, headaches and has chronic pain were all claimed (Kam v. Van Keith,2015 BCSC 1519).
Non-pecuniary damages are awarded to compensate a claimant for pain, suffering, loss of enjoyment of life and loss of amenities. Any assessment of damages of course must be fair to both parties, and must be decided on the facts of the particular case. In this case ICBC paid for an exercise worker program organized by a kinesiologist. However, ICBC refused to pay for any further expenses relating to the kinesiologist so she has continued with weight training and exercises at home, working out on a regular basis.
The nature of her injuries were significant and they had continued in the lower back for four years. The claimant suffered emotionally and her life had been impaired. It had also adversely affected her family, her marital relationship and her social relationships. Regarding her lack of time off work the judge commented that, “although she only took three days off work purely because she is stoic is not a reason to generally penalize the plaintiff”.
The claimant was awarded $125,000 for pain and suffering as well as future loss of wages in the amount of $160,000.
Find out more about how to value an ICBC personal injury claim in British Columbia.