Pain and suffering after a car accident is often claimed by personal injury lawyers for clients but can the award be reduced if the claimant fails to take medical marijuana? The Supreme Court of BC said the injury claimant’s personal injury award should not be reduced for failing to take medical cannabis (Glesby v. MacMillian,2014 BCSC 334). The injury claimant could not be faulted for not taking medical cannabis, although prescribed, in part because, the claimant’s reservations about the acquisition and use of cannabis.
There was an award of $60,000.00 for pain and suffering and the claimant was found to have been diligent in attempting to rehabilitate herself, although not by resort to either a pain clinic or medical cannabis as recommended.
The claimant was a back seat passenger in a vehicle stopped at a red light when it was struck from behind at the intersection of Dunbar Street and West 29th Avenue, Vancouver B.C. She suffered injuries to her neck, right shoulder, and back from the accident with deficits and pain for a period of three years. Her period of recovery was prolonged because of her pre-existing conditions of irritable bowel syndrome and anxiety, and the defendant was responsible for this extended pain and suffering. Because of the accident she lost three good years during which she ought to have been enjoying her physical capacities at their peak. Included in the amount for pain and suffering is consideration for past decreased housekeeping capacity.
The total personal injury award was as follows:Pain ans Suffering $60,000.00; Past Wage Loss $25,000.00; Out of Pocket Expenses $17,280.13; Total $102,280.13.
To learn more about medical cannabis in personal injury cases check out my review of this claim for the cost of medical marijuana following a motor vehicle collision injury.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.