The injury claimant was stopped on Highway 1 at the Prest Road exit ramp when a flatbed truck swerved and struck the left driver’s side of her vehicle. Shaken by the collision, at first the claimant took no notice of any injury. She then developed severe symptoms in the following days.
The claimant was found to have sustained severe injury to her neck,collar bone, shoulders, mid back, headaches; and sleep disturbance.
The claimant attended chiropractic treatments funded by ICBC. ICBC funded 38 other chiropractic treatments, six massage therapy sessions funded by ICBC, Twenty-two rehabilitation sessions ICBC funded, and four sessions for psychological treatment also ICBC funded.
Non-pecuniary damages compensate for an injury claimant’s pain, suffering, and loss of enjoyment of life. The judge considered all the evidence relevant to the pain, suffering, and lost of enjoyment of life to the date of trial and in the future. The law requires the court to consider the following:
- the claimant’s age;
- the nature of the injury;
- the severity and duration of pain,
- disability;
- emotional suffering;
- loss or impairment of life;
- impairment of family, marital and social relationships;
- impairment of physical and mental abilities; and
- loss of lifestyle.
The injury claimant was awarded 1,194,410.00 in total, $170,000 for pain and suffering. The judge stated,
[242] … There is no question she suffered significant injuries as a result of the accident; that is not contested. They encompass her neck, collarbone, left shoulder, right shoulder (from splinting in reaction to left shoulder pain), and mid back. Her pain has chronically affected her emotions. She experiences fluctuating moods. Counselling, antidepressants, and other treatments have not had any lasting effect. She cannot sleep well. She feels fatigued most of the time, frustrated by her injuries, her inability to recover anywhere near former health and level of activities. Her mentation has been affected, her once sharp memory is not nearly as good as it used to be, according to members of the family.
[243] I find the medical and evidence in the aggregate quite convincingly establishes that Mrs. N.’s condition will likely not improve much, if at all. A multidisciplinary chronic pain program will counsel her on how to best cope with the pain, and may improve her level of functioning; but will not recover for her the state of health, employment, and enjoyment of life that she enjoyed before the accident.
[244] I agree with plaintiff’s counsel’s submission that her injuries have impacted every aspect of Mrs. N.’s life, her emotional and psychological state, impacting her personality, energy levels, depriving her of the restorative benefits of deep sleep, sociability, depriving her of the pleasure of giving to others, one of the inner beacons in her life and those around her.(Noftle v. Bartosch,2018 BCSC 766)
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.