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$100,000 Pain and Suffering for Rear End Soft Tissue Injuries

This ICBC injury claimant was rear-ended in 4 motor vehicle accidents within a 2 year period. The first whiplash injury occurred at the intersection of Lougheed Highway and 207th Street in Maple Ridge. She gave evidence that funding requests had been sent to ICBC for treatment but no funding was approved.

The second accident occurred at the intersection of 176th Street and 56th Avenue in Surrey. The claimant was at a complete stop when she was rear-ended; The third soft tissue injury occurred at the intersection of Lougheed Highway and 203rd Street in Maple Ridge. Again, the injury claimant was at a complete stop where she was rear-ended.

In the fourth accident she was at the intersection of Lougheed Highway and Laity Street in Maple Ridge when she was struck from behind again. Her soft tissue injuries were aggravated. (Cartagena Aguino v. Betts,2019 BCSC 1583)

The claimant went on to develop chronic soft tissue injuries to her neck and back. ICBC appeared to continue to refuse payment of benefits. Her ability to work was diminished somewhat and and the Court awarded her $80,000 for future loss of earning capacity.

As for pain and suffering, the judge awarded $100,000 for this chronic neck and back injury. This resulted from soft tissue whiplash in 4 rear-end accidents. What ICBC whiplash injury claims are worth: Here are some of the cases cited by the Supreme Court for this multiple ICBC rear end accident case:

Biefeld v. Neetz2016 BCSC 689- a case involving a 48-year-old woman who suffered soft tissue injuries and a complex of other injuries. The injuries to her neck and back were found to be permanent. She was awarded $115,000.

Carrillo v. Deschutter, 2018 BCSC 2134- the male plaintiff was 55 years old. He suffered whiplash soft tissue injuries. He was very active in sports. He was awarded $115,000.

Ferguson v. Watt, 2018 BCSC 1587- involved a 44-year-old-woman. She suffered injuries and pain to her jaw, bruising and pain in her chest and abdomen. She was very active. She stopped many activities after the accident. The court awarded $140,000.

Slater v. Gorden, 2017 BCSC 2265. This was a 37-year-old female who suffered soft tissue injuries. She had ongoing hip and back injuries. She lost her ability to pursue hiking, biking and jogging. She returned to household activities but much more slowly than she had done before. The court awarded $135,000.

Awards for pain and suffering are one time payments and claimants are not entitled to monthly or periodic payments in the future. *Also, accident occurring after April 1, 2019 in BC are currently limited by the NDP Minor injury Regulations. Get a free consult from a personal injury lawyer to help decide best next steps.

How Much is Your Chronic Pain Case Worth- ICBC Feeling the Pinch

Tags: rear end car accident, rear ended ICBC, Whiplash

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