In this self represented car accident case the injury claimant was awarded $49,000 for what she called incapacitating and permanent injuries. The claimant asked the court to award her approximately $175,000 for pain and suffering s, $243,000 in past wage loss, $616,000 for impaired earning capacity, $409,000 in future care costs, $20,000 in housekeeping expenses and $12,000 for special damages (Ma. v. Haniak,2017 BCSC 549).
In denying most of her claim the judge was quick to point out that the extreme levels of disabling pain throughout her entire body were unreliable and not credible. Although the judge accepted that the claimant suffered injuries to her neck, back and left side because of the three MVAs, he did not accept her evidence concerning the extent and duration of those symptoms. “I find that the plaintiff exaggerated some of these symptoms and feigned others.”
To add insult to injury the judge accepted that social assistance benefits paid prior to trial are a form of wage loss replacement and deductible from any award to be made;(click here to learn more about deducting welfare benefits from ICBC claims ). Therefore, the $10,300 awarded for wage loss was subject to a deduction of the government assistance she was receiving at that time.
Posted by Vancouver Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.- Called to the BC Bar in 1995