Personal Injury News

70 Year old Awarded $60,000 for Pain and Suffering Despite Full Time Work

Personal Injury Award to provide a Quality of life
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.

Tags: Elderly claimants, golden years doctrine, icbc case examples, Legal Causation, Neck Pain, Pain and Suffering

2 responses to 70 Year old Awarded $60,000 for Pain and Suffering Despite Full Time Work

  • Elderly Injury Claimant Awarded $50,000 for Pain and Suffering | Holness Law Group

    August 28, 2016 6:31am

    […] cases rely on the “Golden Years” doctrine, to suggest that an injury may have a greater impact on an older person, whose activities are […]

  • Settlement Offers to ICBC in Fast Track Cases- Getting Double Costs | Holness Law Group

    July 4, 2016 5:05am

    […] In the trial reasons the 70 year old claimant was awarded $60,000 for pain and suffering and a total of $105,496.10 for the various injuries and losses she had suffered in a motor vehicle accident (Trial Decision beat offer to ICBC). […]

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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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