The ICBC injury claimant was injured in a 2013 motor vehicle accident. The collision occurred in Burnaby at Nelson Avenue and Hazel Street when he was traveling straight and was hit by the defendant who was turning left from the opposite direction.
At trial Christensen v. Jand 2018 BCSC 1294 , the experts agreed that the motor vehicle accident caused soft tissue injuries and tinnitus which was described as a constant high unrelenting squeal. The experts further agreed that the tinnitus was permanent and that no treatment would help resolve this condition.
Tinnitus Pain and Suffering Award
The amount awarded for non-pecuniary damages compensates for pain, suffering, loss of enjoyment of life and loss of amenities. The factors considered when making an award are as follows:
- Age of the injured claimant
- Nature of the injuries
- Severity and duration of pain
- Emotional suffering
- Loss or impairment of life
- Impairment of family, marital and social relationships
- Impairment of physical and mental abilities
- Loss of lifestyle
- Injured claimant’s stoicism
The compensation awarded is measured against awards made in comparable tinnitus cases. These cases are only a rough guide because each case depends on its own unique facts and the individual injured claimant.
In this case, important considerations included the severity and permanent nature of the tinnitus which caused anxiety, vertigo, problems with concentration and problems with sleep. The tinnitus impacted the injured claimant’s personality, outlook on life, relationships and his work. He was described as a non-complainer who returned to his activities and learned to live with the constant noise by adjusting his life.
Based on a review of similar cases and the particular circumstances of the injured claimant, damages for pain and suffered were awarded in the amount of $85,000.00.