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$85,000 Award for Moderate Soft Tissue Injury Pain and Suffering

ICBC loses fight

The injury claimant was a passenger involved in a car  which occurred at an intersection in the Kitsilano area of Vancouver. There were no police or ambulance called to the scene. The claimant went home and saw a doctor the following day (Picton v. Fredericks,2016 BCSC 1470). This is a classic example of a psychological crumbling skull case.

When trying to determine how much a personal injury claim with ICBC is worth for pain and suffering prior cases are useful only as a guide in determining the proper compensation under this head. As judge Smith in Edmondson v. Payer, 2011 BCSC 118, said at paras. 94–95, each injury case must be decided on its own facts.

In this case the injuries resulting from the accident had a moderately serious impact upon the claimant’s life. The court also concluded that the effects of the collision were not the only cause for her difficulties; her pre-existing psychological problems had a real role. the claimant’s situation is in keeping with the “crumbling skull” rule as noted in Athey v. Leonati, [1996] 3 SCR 458, at paras. 34–35. .

The court found that a fit and appropriate award of damages for pain and suffering was $85,000.

The observation of N. Smith J. in Edmondson v. Payer, 2011 BCSC 118, at paras. 94–95, that prior cases are useful only as a guide in determining the proper compensation under this head, is relevant to the exercise at hand. Each case must be decided on its own facts.

In this case the judge also concluded that from time to time the claimant, after the accident, was able to engage in activities such as golfing and snowboarding.  She also continued to pursue her fitness regime, although in a somewhat diminished way.

In summary, the injury claimant was awarded damages as follows:

a)    Pain and suffering damages in the sum of $85,000;

b)    Past income loss in the sum of $8,500;

c)     Loss of future earning capacity in the sum of $90,000;

d)    Loss of housekeeping capacity in the sum of $2,000;

e)    Cost of future care in the sum of $133,427; and

f)      Out of Pocket expenses in the sum of $7,860.15.

The total personal injury award to the claimant was $326,787.15.

Posted by Vancouver Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.

Tags: Car Accident Claim, Crumbling Skull, icbc case examples, ICBC Injury claim, Pain and Suffering, Soft tissue injury

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