In this left turn car accident injury case the 23 year old claimant was awarded over $1.8 million in damages, including $185,000 for pain, suffering, loss of enjoyment of life and $1.28 million for future loss of earnings. The Supreme Court judge required only three weeks to deliver her written decision, creating new expectations that justice should be more timely than in the past.
The money value for permanent and disabling soft tissue injury was assessed to be between $140,000 and $250,000 by the claimant and ICBC. The Supreme Court judge weighed the evidence and determined the personal injury case was worth $185,000 for pain and suffering.
This motor vehicle collision occurred at the intersection of 96th Avenue and 190th Street in Surrey. There are no traffic lights at the intersection. The plaintiff was operating a Toyota Tacoma and travelling eastbound on 96th Avenue the other vehicle was travelling westbound on 96th Avenue and turned left on to 190th Street, in front of the claimant.
The claimant was left with permanent mechanical low back pain arising in part from an annular tear at the L5/S1 area of the lower back, and a subcutaneous lesion that developed post-collision. The claimant had no medical history of recurring or chronic back pain predating the collision.
In awarding the claimant $185,000 for pain and suffering the judge stating in a decision released only 3 weeks after the trial:
[272] I find that the soft tissue injury to the lower back was severe, leading to multiple and complex issues that have worsened in their cumulative impact since July 2014, including: mechanical low back pain; a painful lesion on her lower back that has grown; and, intermittent nerve irritation that causes pain to “shoot” down her legs, particularly the right leg.
[273] I also find that the plaintiff is likely to be impacted by these conditions, in one form or another, for the entirety of her life. The overall prognosis for improvement is poor. The plaintiff presents as an unusual case, with multiple issues simultaneously affecting her lower back. The lesion, in particular, appears to be a rarity.(Broad v. Clark,2018 BCSC 1068)
The total personal injury award can be summarized as follows
| Pain and Suffering | $ | 185,000.00 |
| Past wage loss | $ | 147,581.00 |
| Loss of future earning capacity | $ | 1,297,146.00 |
| Loss of CPP entitlement | $ | 26,728.00 |
| Cost of future care | $ | 199,585.00 |
| Loss of homemaking capacity | $ | 24,000.00 |
| Out of Pocket Expenses | $ | 5,610.00 |
| Total Damages | $ | 1,885,650.00 |
We will keep an eye on whether this is part of an important new trend by Supreme Court judges to bring swifter and more efficient justice.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A LL.B.