Neck Pain

Reduction in Pain and Suffering Award for Failure to Mitigate

This injury claimant’s failure to follow medical advice resulted in a 10% reduction in the award for pain and suffering. The claimant was stopped at a red light at East 49th Avenue and Knight Street in Vancouver when his vehicle was rear-ended.  The court … Continue reading

ICBC Argument for Full Settlement Deduction Blown Apart

A sprinkling of true judicial magic was used to arrive at a fair award in this multiple injury case. This was a complicated personal injury case arising from three car accidents wherein the injury claimant settled the second of the three … Continue reading

$70,000 Award for Soft Tissue Injury Causing Major Disruption

The personal injury claimant was alone in her vehicle in Maple Ridge when the car following behind failed to stop in time and collided with the rear of the claimant’s vehicle. At the time, the claimant was 56 years old and employed as a bartender-server … Continue reading

$70,000 for Pain and Suffering with Persistent Low Back Ache

After a car accident non-pecuniary damages are awarded to compensate the claimant for pain, suffering, loss of enjoyment of life, and loss of amenities.  The compensation awarded must be fair to the at fault party. Fairness is measured against court awards made in … Continue reading

$135,000 Pain and Suffering Award for Somatic Symptom Disorder with Chronic Pain

This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store … Continue reading

Injury Claimant Blamed for not Taking Anti-depressant Medication

Can ICBC reduce an injury award because you did not attend recommended therapy or treatment for depression or anxiety? We explore the answer in the following injury case review. The claimant was injured in a rear end motor vehicle accident on the Seymour Parkway … Continue reading

$6,000 Limit for Whiplash Soft Tissue Injury Compensation?

No, There is no such limit on the compensation available to ICBC whiplash claimants or others suffering from neck injury and soft tissue injury in British Columbia. I have had several ICBC injury claimants call me about this mistaken impression. I … Continue reading

Early Retirement Loss Awarded to 38 Year old with no Lost Income

This case affirms, despite what ICBC says to claimants without lawyers, an award for loss of future earning capacity is available in soft tissue injury cases in which claimants have suffered little or no loss of income: Hu v. Tan,2016 BCSC 908. The Supreme … Continue reading

70 Year old Awarded $60,000 for Pain and Suffering Despite Full Time Work

This personal injury claimant was involved in a motor vehicle accident at the intersection of Westminster Highway and No. 5 Road in Richmond, British Columbia  and suffered some level of neck, back, shoulder, and arm pain for more than three-and-a-half years. Despite her … Continue reading

$100,000 Pain and Suffering Award for Neck Pain and Headaches

The purpose of an award for pain and suffering, called “non-pecuniary damages”, is to provide money compensation that ameliorates the condition of an injured claimant. In making such an award, the following factors are relevant: age of the claimant;  nature of the injury;severity … Continue reading