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
Past Wage Loss
Loss of Earning Capacity
Cost of Future Care
Out of Pocket Expenses
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.- Working for clients in Richmond and the rest of BC.
2 responses to 70 Year old Awarded $60,000 for Pain and Suffering Despite Full Time Work
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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 […]
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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). […]
"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."
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.