After suffering injury in three car accidents the claimant was awarded over $450,000 for pain suffering, past loss of earning capacity, impairment of future earning capacity, cost of future care, costs associated with vocational assessment, rehabilitation treatments, special damages and loss of housekeeping services (Parhar v. Dawe,2014 BCSC 580). Liability was not an issue but ICBC argued that the impact of the injuries on the claimants employment and his overall functioning was not as great as suggested by the claimant and were significantly caused by a previous auto accident.
The Court accepted the claim for loss of housekeeping services stating,

[145]     I am satisfied that based on the medical evidence, the plaintiff has made out a claim for lost housekeeping services. He will require assistance in the future for ongoing heavier housekeeping including seasonal upkeep of his home that he had been able to do before the accident. Applying the present value table which Mr. Benning produced in evidence and taking into account the contingencies I have referred to above I award $100,000 for this head of damage.

It was clear the claimant had ongoing problems with neck, left shoulder, lower back and leg pain which had persisted from the date of the Third Accident to the date of trial. In total the court awarded the following amounts:

Pain and Suffering: $85,000
Loss of Past Income: to be calculated
Loss of Income Earning Capacity: $250,000
Cost of Future Care: $17,820
Housekeeping Services: $100,000
Out of pocket expenses: $5,336.68
Total: $458,156.68

 
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.

Leave a Reply

Your email address will not be published. Required fields are marked *

Post comment