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

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…

Read more

$100,000 Pain and Suffering Award for Neck Pain and Headaches

The purpose of an award for pain and suffering, called “non-pecuniary damages”, is to provide money compensation that ameliorates the condition of an injured claimant. In making such an award, the following factors are relevant: age of the claimant;  nature of the injury;severity and duration of pain; disability; emotional suffering; loss or impairment of life;  impairment of family, marital and social…

Read more

Family Doctor Able to Give Opinion about Nursing Standards

In this medical malpractice case the claimant mother was 28 weeks pregnant when she presented in the emergency room complaining of neck pain. She was seen by a registered nurse and a family practitioner and was discharged with recommendation for massage therapy. She suffered seizures soon thereafter and underwent an emergency caesarean section. The claimant child was born with significant disability.…

Read more

Fall on Bus Results in $40,000 Award for Pain and Suffering

The claimant suffered injuries as a passenger on a bus operated by the South Coast British Columbia Transportation Authority, doing business as Translink and/or Coast Mountain Bus Company Limited (“Translink”).  The claimant was  76 years old at the time of trial and claims that he fell when the bus on Translink’s route number eight stopped suddenly…

Read more

Headaches Diminish Ability to Operate Thriving Business and Results in Court Award

A personal injury award for loss of future earning capacity was awarded to this claimant despite his janitorial business continuing to be successful and thriving since the car accident in question(MacDonald v. Joseph,2015 BCSC 1461) The claimant was a 29 year old passenger when the head on car accident occurred on Vancouver Island. The airbags deployed in the…

Read more

Neck Injury Award of $75,000 for Permanent Pain and Suffering

After a car accident this ICBC injury Claimant carried on with her day, much as she would have without the accident and only started experiencing symptoms on the following day (Gill v. Bhuller,2015 BCSC 851) . The other driver admitted their fault for the accident and for her injuries from a motor vehicle accident.  In the collision…

Read more

$100,000 for Psychological Injury- Aggravation of Stuttering Condition

The claimant was rear-ended in a car accident and alleged he suffered chronic pain, with physical and psychological consequences, arising from neck and back injuries. The claimant had a longstanding stuttering condition since he was a young boy. The cause of this condition remained unknown and he continued to stutter to the date of trial (Karim v.…

Read more

Car Accident Victim Denied Cost of Marihuana to Treat Pain

After a car accident in British Columbia the cost of care awarded by the court can include  medical marihuana. However, in the following personal injury case there was not enough evidence to make the connection between the car accident injuries and the need to smoke pot(2015 BCSC 57). This case also gives an excellent checklist for…

Read more

$100,000 Award for Pain and Suffering in Chronic Headache Case

Awards for pain and suffering are not calculated but rather assessed. In British Columbia personal injury lawyers provide Judges with a range of reasonable awards based on caselaw precedent.  The claimant in this chronic headache, neck, shoulder and low back pain case (Forder v. Linde,2014 BCSC 1600)  was injured in a car accident when she…

Read more

Teenage Personal Injury Claimant Awarded $45,000 for Pain and Suffering

ICBC injury claims can often involve valuing pain and suffering for children and teenagers. This personal injury claimant was a 9 years old passenger in the front seat of her mother’s minivan when another vehicle failed to yield the right of way and collided with her right front bumper(Toopitsin v. McMullen,2014 BCSC 1486). She claims…

Read more