This successful personal injury case involved a 55 year old labourer that suffered a chronic grade 2 neck and back strain in a car accident(Amini v. Khania,2014 BCSC 1671). The claimant had been travelling south on Gladstone Avenue in Vancouver and was stopped at the intersection at a red light.  He testified that he waited for the light to turn green, he proceeded into the intersection and then a westbound vehicle coming went through the red light hitting into his vehicle. Fault for the accident was admitted by the ICBC insured driver.
With  respect the loss of earning capacity in the future the Judge concluded  that there was a real and substantial possibility that the accident injuries caused a loss and diminishment of his income earning capacity and would continue to do so in the future despite his return to work.  The claimant sought  a loss of $14,300 to age 70 (for 10 years).  The discount rate for future income loss is 1.5% as set out by the Law and Equity Act. In awarding $80,000.00 for loss of earning capacity the Judge stated:

[71]   Given that loss of earning capacity is meant to be an assessment rather than a calculation and taking into account both positive and negative contingencies such as his age, his limited English, and the likelihood that he would have worked to age 70, I assess his loss of earning capacity at $80,000.  

An award for loss of amenities, pain and suffering, and loss of expectation of life provides an injury claimant with reasonable solace. he claimant argued that the “Golden Years” principle should be applied in this case. The judge agreed that that the appropriate range of awards for pain and suffering would be $75,000 to $85,000, and taking into account the degenerative changes evident in the claimants original position awarded  $70,000 for pain and suffering.
The claimants total personal injury award was $192,230.49:
(a)       Pain and Suffering of $70,000;
(b)       Past Wage Loss of $24,945.53 (ICBC receives a 15% discount);
(c)        Loss of Income Earning Capacity of $80,000;
(d)       Loss of Housekeeping Capacity of $10,000;
(e)       Cost of Future Care of $5,000;and
(f)         Out of pocket expenses of $2,284.96
Posted by Vancouver Personal Injury Lawyer Mr. Renn A. Holness, B.A., LL.B. serving all BC
ISSUE: Should elderly claimants be awarded more money for their pain and suffering after a car accident than younger claimants?

1 Comment

  1. I wish I knew of your law firm before I became involved with RDM Lawyers in Abbotsford.
    I have chronic neck, hip and elbow injury and my lawyer said I had a week case in spite of Dr Klienmans , and ICBC doctor Zarkados examinations confirming my injuries. They frightened me from going to court and also knowing that my council was completely not prepared so after nearly five years I will be receiving 65,000 in my pocket getting 110,000 in total

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