$75,000 for Chronic Injuries to Neck and Shoulder

  A money award after a car accident or fall is meant to provide some solace to an innocent victim of personal injury. Some injuries are not amenable to treatment or complete recovery, such as chronic pain syndrome, and victims will have to suffer pain for the rest of their lives. In today’s ICBC case example…

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$120,000 2x for Pain, Suffering and Future Income Loss

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…

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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…

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Exaggerating the Impact- Personal Injury Case Raised from the Dead

  In a dramatic turn-around the Court of Appeal has allowed the appeal and set aside the order below dismissing this personal injury case . The car accident was at a very low speed and resulted in only approximately $100 in damage to the bumper of the claimant’s van. The defendant’s car was behind the claimant’s van in…

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Whiplash Award Reduced to $30,000 for failure to follow Medical Advice

In this whiplash soft tissue injury case the claimant was injured in three motor vehicle accidents and fault had been admitted by the Insurance Corporation of British Columbia ICBC (Gupta v. ICBC et al, 2015 BCSC 608).  The judge however awarded the claimant $45,000 for pain and suffering but reduced it to $30,000 stating: [the claimant] has…

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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…

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Teen Injury Award of $387,000 for Loss of Earning and Housekeeping Capacity Upheld

The claimant in this personal injury appeal(Crimeni v. Chandra,2015 BCCA 131) was injured in two car accidents, the first when she was 17 years old and in her last year of high school.  She suffered soft tissue injuries that left her with chronic pain in her back, neck and right shoulder.  She attended the Karp…

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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…

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$35,000 for Pain and Suffering Despite Prior Pain Condition

This personal injury claimant was found to have exaggerated the extent of her car accident related symptoms and failed to distinguish between her accident-related injuries and the effect on her life by her prior chronic neck and back pain (Ahmadi v. West, 2014 BCSC 2050). The ICBC injury claimant was injured in a motor vehicle accident…

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$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…

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