ICBC Settlements – $85,000.00 for Pain and Suffering for Permanent Soft Tissue Injuries

When negotiating settlement with ICBC, it is important to provide information supporting the amount claimed for pain and suffering (also known as non-pecuniary damages).  Guidance for what constitutes a fair and reasonable ICBC settlement comes from prior case law.  When researching prior trial awards, it is important to find cases which involve similar facts. When…

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Future Loss of Income Awarded Despite Prison and Criminal Conduct

This personal injury claimant was injured in two car accidents, the  first was a head on collision at  188 Street in Surrey,  and the second occurred at 192 Street at Number 10 Highway. The judge found that he suffered various soft tissue injuries. The defendants argued that the claimant’s original position was affected by fights that occurred when he…

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Loss of Future Earnings Awarded Despite Increase in Salary

When a claimant suffers a personal injury in a car accident the loss of income may not occur right after the injury but can take years to manifest. In this case review we examine the case of a young lawyer suffering a chronic pain condition at the beginning of her career.(Harry v. Powar,2018 BCSC 845) The…

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$40,000 Awarded for Loss of Homemaking Capacity

This is a personal injury case arising out a car accident which occurred on Howes Street in New Westminster. As the claimant entered an intersection on a green light another vehicle suddenly turned in front of her causing a collision. Loss of the ability to do work within the home is compensable as a loss of…

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When Rejecting an ICBC Offer is Reasonable

The Supreme Court has confirmed that it is not unreasonable for a car accident claimant to reject an ICBC offer if the medical evidence supports a claim of chronic pain not recognized in the offer (Bains v. Antle, 2017 BCSC 590).  This claimant was awarded only $37,800 by a jury but was still awarded her court costs by the…

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$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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Stapley v. Hejslet used for $80,000 Stoic Soft Tissue Injury Award

This was an assessment of the claimant’s losses arising from a motor vehicle accident in Nanaimo. The claimant’s vehicle struck the other vehicle broadside, and he suffered multiple soft-tissue injuries in a very heavy collision. He was a stoic individual that did not like to complain about his injuries, which makes assessment difficult for the court. As…

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$70,000 Award for Soft Tissue Injury Causing Major Disruption

The personal injury claimant was alone in her vehicle in Maple Ridge when the car following behind failed to stop in time and collided with the rear of the claimant’s vehicle. At the time, the claimant was 56 years old and employed as a bartender-server at a bowling alley.The claimant said that the effects of her injuries forced her to…

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$135,000 Pain and Suffering Award for Somatic Symptom Disorder with Chronic Pain

This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store when a vehicle crashed into it. The claimant was pushed into the wall of the deli,…

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Injury Victim Failed to to Use Antidepressant Medication and Loses 50% of Claim

In an understated but significant reduction in the injury award Judge Verhoeven made the following comment about the failure to use antidepressant medication, In this modern age such treatment does not have the stigma it once did, and I find that her refusal to take treatment is unreasonable and the defendant should not have to…

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