In a previous blog post on assault injuries, a father who directed that his sons attack and assault a 14 year-old classmate with batons was found liable for his indirect role in orchestrating the assault.
In Siegerist v. Tilton 2020 BCSC 1235, the trial judge awarded the injured claimant damages for the assault injuries.
As a result of the assault, the injured claimant suffered a disabling concussion, bruising and abrasions throughout his body including his head, neck, and back, a mild traumatic brain injury (concussion), a fracture to his nose, black eyes, and soft tissue injuries to his neck and back. At the time of the trial, the injured claimant was 26 years old. The medical experts were of the opinion that he is now left with permanent ongoing chronic pain that in turn causes frequent, severe, disabling headaches which continues to affect his mood, and caused mental health problems. Furthermore, the assault injuries left him anxious and depressed, fearful for his safety and that of his family, hyper-vigilant, socially withdrawn, and caused him to suffer suicidal ideation and panic attacks.
The assault injuries permanently impacted the injured claimant’s ability to work as a carpenter. The trial judge concluded that if it was not for the assault injuries, he would have worked in this profession and he would have secured various tickets towards a red seal. Damages for past loss of earning capacity were awarded in the amount of $65,000.00. Damages for future loss of earning capacity were awarded in the amount of $236,000.00.
The trial judge also awarded the injured claimant aggravated damages. Aggravated damages for an assault injury are awarded when the assailant’s conduct is particularly highhanded or oppressive so as to increase the victim’s humiliation and anxiety. They also take into account the additional harm caused to a victim’s feelings by such conduct. Aggravated damages were awarded in the amount of $35,000.00.
In summary, the trial judge awarded $479,376.88 in damages:
- pain and suffering: $125,000.00
past lost earning capacity: $65,000 (gross)
loss of future income earning capacity: $236,000
cost of future care: $15,000
aggravated damages: $35,000
Health Care Costs Recovery Act claim: $3,376.88
To read more about this assault injury case, see the article in the Vancouver Sun.
If you have been suffered an assault injury, the personal injury lawyers at Holness and Small Law Group have the skill and expertise to provide legal representation to you. Contact us for a free initial legal consultation to learn about your legal rights.