Ms Wendt, 55, continued to suffer shoulder & arm pain 3 years after she was rear-ended. ICBC’s lawyers argued that her pain & suffering award should be reduced because she did not fully follow her doctor’s advice, her pain increased after she unwisely moved furniture & she had pre-mva arthritis. Continue reading
Ms Wolford, 47, claimed that her injuries from her MVA caused her to miss work for much of the three year period between her accident & her trial. Continue reading
Ms. Ali, 42, had moderate pain in her chest, wrist, shoulder & back after her MVA.
5 years later at the time of her trial, she continued to suffer from severe back pain that interfered with all aspects of her life. Due to her pain, she became moody & isolated herself from her family. Her psychiatrist diagnosed her with major depressive disorder & PTSD. Continue reading
Mr. Parker, a 60 year old chiropractor, claimed that as a result of his minor MVA he experienced:
- injuries to his neck,
- aggravation of his lumbar disc disease,
- weakness in his right hand &
Ms. Cantwell, 35, was born with medical conditions causing her chronic chest pain & mobility issues. Despite these conditions, she lived a full life & worked full time.
After a minor MVA in 2011, she suffered significantly more pain, but she continued to work. In 2013 she experienced a “popping” feeling while shoulder-checking. After that, her chest pain was severe. Continue reading
Mr. Wright, age 56, was rear-ended. This resulted in a balance system disorder called “visual-vestibular mismatch”.
It also caused soft-tissue injuries to his shoulders, neck & back & significant worsening of his depression.
His balance problems caused him to fall & suffer an injury to his groin. Continue reading
Mr. Churath, age 46, was rear-ended in a car accident. Five years later at his trial, he complained of back pain which radiated down to his right foot, continuing disability & resulting depression.
Video ICBC investigators took showed that Mr. C was less limited in his activities than he claimed.
One year before his accident, he suffered a low back disc injury. After surgery, he was left with only minor pain & limitations at the time of his car accident.
Some people injured in car accidents experience what they may call dizziness after their accident. This feeling may persist for days, months or even years. One major problem is that there are several quite different experiences people may have when they use the word “dizziness”. These include feelings:
- – of spinning or other feelings of movement (which doctors call “vertigo”),
- – of lightheadedness without a feeling of motion,
- – that one is going to pass out or faint,
- – of blurring of vision on movement of one’s head and
- – of being off-balance or unsteady on one’s feet.
Ms. Blenkarn was at fault for her 1st accident. She was later involved in 4 more mva’s for which she was not at fault. Her 2nd – 4th mva’s worsened her 1st mva injuries. Her 5th mva was more significant and caused her to stop working because of her headaches. At trial ICBC’s lawyer argued that:
- all of Ms. B’s injuries were mainly caused by her 1st accident &
- thus, her damages should be significantly reduced to account for this.
Mr. McNeilly, 52, was suffering from a back injury, degenerative disc disease & severe pain in both feet before his accident. Then he suffered shoulder, hip, neck & chest injuries from his mva.
Two of the main issues at his trial were:
– to what extent his condition was worsened by his mva &
– whether he was partly at fault for his mva. Continue reading
Ms. Olson was struck & injured by a car while walking across an unmarked crosswalk. As she left the curb she was engaged in a telephone conversation.
Mr. Bramley suffered injuries in a car accident. As a result, he was unable to do manual labour for a period of time. He hired a subcontractor to replace him in his business for 4 months & then hired him as an employee for almost a year.
He claimed in court that he would not have paid the man who was his subcontractor absent his accident.
Mr. McCullum was in an mva in 2008, from which he suffered a neck & back injury, & then in a 2nd mva in 2011. His lawyer argued at trial that Mr. M’s ongoing use of and addiction to illegal drugs were caused by his 2nd accident because:
- his drug use began in the first week after his 2nd accident occurred;
- he was self-medicating to address his physical pain and
- he turned to illegal drugs because he did not like the idea of using prescription medicines.
Ms. Nijjar was injured in a car accident in Surrey in 2010 & again in 2012.
- After MVA 1 she suffered from neck & back pain & daily headaches.
- MVA 2 greatly exacerbated her neck pain & she developed chronic pain.
Shortly after MVA 2, she began to experience panic attacks. Six months later she developed depression. At trial, Ms. N’s lawyer claimed that her panic attacks & depression were caused by her car accidents.
Ms. K suffered whiplash type injuries in a 2007 car accident. Her pain became chronic and she became depressed. The consensus of the medical experts at her trial was that “her chronic pain is unlikely to resolve and the focus of her treatment should be on pain management, not cure.”
Mr. Justice Blok concluded that “there is a significant psychological aspect to Ms. K’s’ ongoing difficulties. They may not rise to the level of a psychiatric disorder but it is plain that psychological issues play an important part in her level of functioning and her approach to rehabilitation.” Factors unrelated to the accident contributed to her depression.
Ms. K was injured in an accident in 2007. Three years later she developed significant right shoulder pain resulting in rotator cuff surgery. Her specialist thought that she initially suffered a partial tear of her shoulder tendon from the accident and that it became worse from overuse.
Ms. Pitcher was involved in a car accident in 2004 in Kelowna. She claimed that she suffered from a neck injury, head tremors and psychological disorders as a result of her accident. A significant issue in her lawsuit was whether or not she was being honest and forthright about her injuries and her pre-accident condition.
Before Ms. Galati’s accident she had arthritis. As a result of the accident, her arthritis flared up.
Medical doctors testified at her trial that there was a real and material risk that Ms. G’s arthritis would have gotten worse anyway. Continue reading
About a year after his car accident Mr. Mothe made a new complaint to his doctors – pain radiating down his left arm.
The judge did not accept that Mr. Mothe pain radiating down his left arm was caused by the accident and thus did not compensate him for his left arm problems. His reasoning was that: Continue reading
ICBC hired an ear, nose and throat specialist, Dr. Bell, to assess an injured claimant at an independent medical examination. He wrote that the first recorded complaint of her imbalance was about a month after the collision and that this was too long for trauma to have been its cause.
On June 2, 2014 Justice Peter Rogers gave reasons for judgement in Huntley v. Daley. He “could not find on a balance of probabilities that the plaintiff’s [claimant’s] low back pain [was], in fact, causally related to the motor vehicle accident”. He explained his reasoning as follows: Continue reading