This personal injury claimant was involved in a motor vehicle accident at the intersection of Westminster Highway and No. 5 Road in Richmond, British Columbia and suffered some level of neck, back, shoulder, and arm pain for more than three-and-a-half years. Despite her age and injury she was able to return to work on a full-time basis, for nearly three years without interruption or further incident (Johal v. Radek,2016 BCSC 454).
The judge found that the claimant’s ability to maintain her home, including her ability to cook and clean, was impaired as a result of the car accident injuries. The real question was whether this head of loss should be addressed separately or as part of the claimant’s claim for pain and suffering. As the judge concluded, “Because Ms. Johal’s cooking and maintenance of her home had, in the past, been so important to her, I consider that her diminished ability to perform these tasks is best addressed in combination with, rather than separately from, her general damages claim. The court awarded the following:
| Pain,Suffering and loss of enjoyment of life | $60,000.00 |
| Past Wage Loss | $31,037.40 |
| Loss of Earning Capacity | $7,500.00 |
| Cost of Future Care | $5,000.00 |
| Out of Pocket Expenses | $1,958.70 |
| TOTAL | $105,496.10 |
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.- Working for clients in Richmond and the rest of BC.
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