Two motor vehicle accidents are treated as one ICBC injury claim in today’s personal injury case review. In the first car accident the claimant was rear ended by a vehicle travelling at approximately 60 km/h at King George Highway and Highway #10 located in Surrey, British Columbia. The claimant’s vehicle was damaged and written off by the Insurance Corporation of British Columbia, ICBC and she went on to develop chronic pain.
The claimant was a passenger in the second car accident when it collided with another vehicle. The symptoms which followed involved aggravation of the neck and lower back particularly on the right side. Stiffness from this accident lasted two or three months during which the claimant was not at work or engaging in recreational activities. The claimant developed panic attacks and depression.
After considering the arguments of the claimant’s injury lawyer and the ICBC lawyer the Supreme Court judge was satisfied that $120,000 was an appropriate award of general damages for pain, suffering and loss of enjoyment of life.
As to future loss of income the claimant had potential for advancement in the dental field and her employer testified that he would provide opportunities for that advancement to take place. The judge was satisfied that the claimant also lost a significant capital asset in that she could no longer continue her chosen profession for which she has paid a significant sum for training which was clearly successful. Her future income loss was also fixed at $120,000. (click here to review Brown v. Mitchell, 2017 BCSC 125)
The total award is summarized as follows:
a) Pain and Suffering: $120,000.00
(b) Future income loss: $120,000.00
(c) Past wage loss:$52,424.00
(d) Cost of future care:$47,010.00
(e) Out of Pocket Expenses: $6,008.48
Total $345,442.48.
Posted by Vancouver Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.