After a car accident this ICBC injury Claimant carried on with her day, much as she would have without the accident and only started experiencing symptoms on the following day (Gill v. Bhuller,2015 BCSC 851) . The other driver admitted their fault for the accident and for her injuries from a motor vehicle accident. In the collision the claimant’s vehicle was struck on the passenger’s side.
The Claimant’s neck pain symptoms were consistent with suffering an injury to the spinal tissues of the neck. The physical examination findings were also consistent with the diagnosis of mechanical neck pain and injuries suffered in the accident.
In awarding the awarding $75,000 for pain and suffering, the court found that there was a substantial degree of common ground in the medical evidence to support the conclusion that the Claimant suffered pain and that her pain is likely to be permanent. The fact that her injury was largely based on subjective reports of pain, did not lead to a finding against her as she was a believable witness and the medical evidence was largely supportive of her position.
The total award for this personal injury claimants was as follows: (1) Pain and suffering- $75,000;(2) Loss of future earning capacity- $300,000 see: Pallos v. ICBC ;(3) Cost of future care- $4,750; and (4) Out of pocket expenses- $1,130.
Understand more about the maximum and minimum money awards ICBC will pay for neck injuries and other injuries:
(*Consumer Price Index will increase the maximum award for pain and suffering in Canada. Consult a lawyer to find out the current maximum award for non-pecuniary damages for pain and suffering).
For accidents after April 1, 2019, find out if the ICBC minor injury cap limits your pain and suffering claim.