$110,000 Pain and Suffering Award for Thoracic Outlet Syndrome and Chronic Pain

In this car accident case (Winick v. Goddard 2020 BCSC 4), the 27 year-old female injured claimant was involved in 3 collisions. In the 1st car accident, the injured claimant sustained soft tissue injuries to her neck and back with pain radiating into her hip and legs that were aggravated by the 2nd car accident…

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$1.15 Million Award for Thoracic Outlet Syndrome

In this car accident injury case, a 28-year-old dental assistant, injured her neck, left shoulder, and mid‑back developing myofascial pain syndrome and thoracic outlet syndrome, TOS. Of particular interest was the award of $135,000 for pain and suffering and the $60,000 in-trust award for the increase in household chores for the spouse husband.(MacLeod v. Whittemore, 2018 BCSC…

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Personal Injury Award Increased to $390,000 for Loss of Future Earnings

This stunning and important Court of Appeal decision increased a loss of future earning capacity award making it easier to predict court awards in personal injury cases(Jurczak v. Mauro,2013 BCCA 507). Changing the tide following  Perren v. Lalari, 2010 BCCA 140 the Court of Appeal appears to be embracing a more practical, mathematical and predictable approach…

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