Chronic Pain Syndrome

Treating Psychiatrist Opinion Needed to Avoid Adverse Inference

The Judge agreed to instruct the jury, in this personal injury case, that they can draw an adverse inference from the claimant’s failure to have her treating psychiatrist provide an opinion.(Brar v. Ismail, 2018 BCSC 1487) The claimant’s depression was a … Continue reading

$115,000 Somatic Symptom Syndrome Pain and Suffering Award

This 46-year-old self employed bookkeeper and housekeeper sustained personal injuries in a rear end motor vehicle accident at the intersection of Lovers’ Lane and Cameron Taggart Road in Cobble Hill, British Columbia. After the claimant had stopped at the intersection, her car was … Continue reading

$1.15 Million Award for Thoracic Outlet Syndrome

In this car accident injury case, a 28-year-old dental assistant, injured her neck, left shoulder, and mid‑back developing myofascial pain syndrome and thoracic outlet syndrome, TOS. Of particular interest was the award of $135,000 for pain and suffering and the $60,000 … Continue reading

Loss of Future Earnings Awarded Despite Increase in Salary

When a claimant suffers a personal injury in a car accident the loss of income may not occur right after the injury but can take years to manifest. In this case review we examine the case of a young lawyer suffering … Continue reading

$170,000 Pain and Suffering Award for Chronic Soft Tissue Pain

The injury claimant was stopped on Highway 1 at the Prest Road exit ramp when  a flatbed truck swerved and struck the left driver’s side of her vehicle. Shaken by the collision, at first the claimant took no notice of … Continue reading

$180,000 Award for Pain and Suffering in Chronic Pain Syndrome Case

This personal injury case arose from a car accident which occurred at the intersection of 140th Street and 74th Avenue in Surrey when the other vehicle turned left into the path of the claimant’s vehicle. She was 58 year old at the time … Continue reading

$200,000 Pain and Suffering Award for Chronic Pain, Anxiety and Depression

This injury claimant was a front seat passenger travelling northbound on Highway 6, between the towns of New Denver and Playmor Junction in the Kootenay region of B.C. when the car went out of control nearing a corner, crossed the … Continue reading

When Rejecting an ICBC Offer is Reasonable

The Supreme Court has confirmed that it is not unreasonable for a car accident claimant to reject an ICBC offer if the medical evidence supports a claim of chronic pain not recognized in the offer (Bains v. Antle, 2017 BCSC 590).  This claimant was … Continue reading

Causation Conflated with Mitigation in Chronic Pain Case

  A principal issue in this car accident injury appeal was whether the trial judge erred in finding that the claimant had failed to mitigate.  The symptoms of chronic pain having been conclusively established by the finding of causation, ICBC failed to … Continue reading

$75,000 for Chronic Injuries to Neck and Shoulder

  A money award after a car accident or fall is meant to provide some solace to an innocent victim of personal injury. Some injuries are not amenable to treatment or complete recovery, such as chronic pain syndrome, and victims … Continue reading