In this loss of business personal injury case (Harshenin v. MacLeod,2013 BCSC 2219) the injury claimant was injured in a rear-end collision at the intersection on Highway 3A near Castlegar, British Columbia. The injury claimant was asking for pain and suffering compensation of $100,000, past wage loss of $200,000, future loss of wages of $120,000, out of pocket expenses of $36,162.29, and future care costs of $20,000. Due in large part to the lack of credibility, the injury claimant was only awarded $26,000.00.
The thrust of the claimants argument was that due to the car accident related injuries he had to sell his business to his son and suffered a loss of his business as a result. A key witness to this claim refused to corroborate this claim testifying that she saw the claimant return to his duties 2-3 weeks after the car accident.
The same witness also said that the claimant trained her, despite the car accident, in the operation of his equipment. This was denied by the claimant, and the claimant’s personal injury lawyer suggested to the witness that she was fabricating her evidence. After a break in court proceedings the witness attended the Employment Insurance office and obtained documents that confirmed that she was telling the truth.
The judge was satisfied that the injury claimant continued to send out bills, negotiate a contract, and showed the witness and his son how to do some of the physical work despite the car accident. ICBC also offered to pay for work if the claimant was required to hire someone and he declined the offer because, “he had already made up his mind to sell the business to his son”.
In the end the Judge awarded the claimant pain and suffering of $25,000.00 for a mild neck injury along with short term pain and lower and upper back pain, all of which should have resolved within 2 months. The Judge also awarded the claimant $1,000.00 for his out of pocket expenses.
Learn about how judges arrived at their decisions in personal injury cases by watching our short video about how Judges decide Personal Injury Cases in BC.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.