The claimant was in a car accident in Kelowna, B.C. (Thorne v. Lind,2013 BCSC 862) and suffered injuries to her neck, right shoulder, and upper back area and the Court assessed what her case was worth. The other driver admitted fault but claimed the injuries were not related to the accident and was worth much less than what was being claimed. In proving causation, a claimant must prove on a balance of probabilities that but for the defendant’s negligence, the claimant would not have suffered the injuries for which she claims. This claimant was successful in this regard. In most of these type of cases ICBC provides accident benefits if the claimant is injured in the accident.
The injury claimant proved that not only did she suffer serious pain for almost seven years since the accident, she is likely to continue to do so. Her pain has been to her body upper body and lower body. In addition, the claimant suffered serious emotional distress as a result of her injuries. In all the circumstances here the Supreme Court found an appropriate award for non-pecuniary damages for pain and suffering was $75,000. when reviewing other ICBC injury cases the lawyers in this case presented case law ranging from $42,500 to $90,000.00.
In addition the claimant was awarded $40,000.00 as the value of her loss of earning capacity, $20,000 for cost of future care and $24,823 for out of pocket expenses. In awarding loss of future earning capacity the court observed,
 I find that [the injury claimant’s] injuries have left her with less stamina to work and made her somewhat less attractive to future employers. On the other hand, her injuries have not prevented her from working. The possibility that the injuries have caused her to suffer some limits in her working capacity must be partially discounted by the possibility that she would not have pursued a full spectrum of employment options given her prior work history, her age, and the ages of her children. The possibility that her limitations are becoming more manageable with her treatment must also be taken into account… On this basis, I assess Ms. Thorne’s total loss of past and future earning capacity as $40,000.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.