Category Archives: Cause of injuries

Judge values chronic shoulder & arm pain at $68,000 & lost housekeeping capacity at $10,000 

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

Judge awards $180,000 for pain & suffering for permanent chronic pain, PTSD & depression

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

Judge finds claimant will never work again after MVA. Awards $550,000 for lost future earnings.

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

 Judge awards $110,000 for pain & suffering – permanent injury to balance system & other injuries 

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

 Judge awards $125,000 for pain & suffering to claimant with permanent low back disc injury who exaggerated his disability

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.

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Injured and dizzy? Make sure to clearly describe how you feel – no easy task

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.

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Woman in 5 mva’s was at fault for the 1st one – Judge deducts $67,000 from her total award

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.

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Claimant’s chronic pain much worse after mva— $110,000 for pain & suffering less 50% for his fault

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

Court reimburses claimant for subcontractor he hired after accident but only for first 4 months

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.
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Judge rejects claim that addiction to illegal drugs was caused by car 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.

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Claimant failed to prove her depression & panic attacks after 2 MVA’s were caused by them

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.

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Court fully compensates claimant’s chronic pain & depression although her accident was only one of several causes

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.

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Claimant giving inaccurate facts to medical specialists destroyed the usefulness of their reports

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.

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Absence in medical records of dizziness complaints in the first month doesn’t mean the car accident was not the cause

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.

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