The injury claimant was injured when the car she was driving was rear-ended by another vehicle(Fell v. Morton,2012 BCSC 428). Fault for the accident was admitted but causation and quantum remained in dispute likely by the insurer ICBC , given that the car accident occurred in British Columbia. The questions were whether the back and neck pain and migraine headaches were pre-existing problems that were just aggravated shortly by the accident; and whether the claimant suffered loss of earning capacity due to her injuries.
At the time of the car accident injury the claimant was self-employed in the film industry as a first aid service provider which involved being on location during filming to provide first aid and to provide snacks and light meals for actors, directors, and the film crew. Following the accident, she continued to work until taking her maternity leave. Note that when you continue working after a car accident you are not typically entitled to ICBC disability benefits.
In this oral decision the judge in awarding over $100,000 commented,
In summary, the injuries from the accident have affected all areas of [the injury claimant’s] Ms. Fell’s life. While she has periods of time when she is unaffected by her injuries, in particular when she avoids exertion, she has curtailed her recreational activities, no longer camping, exercising at the same level, or taking her dogs for on-leash walks with her husband. She has found it difficult to pick up her children and cannot interact with them when she has a migraine. However, as I have earlier noted, I must also take into account her pre‑existing condition and proclivity to develop migraine headaches.(para 39)
The total compensation awarded to this injury claimant was as follows:
|Pain and suffering:||$65,000|
|Out of pocket expenses:||$4,175|
|Cost of future care:||$2,500|
|Past wage loss:||$0|
|Loss of earning capacity:||$50,000|