Category Archives: indivisible injuries

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

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.

Continue reading

Is ICBC compensation allowed if 2nd MVA between 2 “workers” aggravates injuries from previous MVA?

Mr. Pinch was in 2 motor vehicle accidents (“MVAs”). As a result of MVA #1 he incurred chronic pain. In MVA #2 he injured many of the same areas.

When MVA #2 occurred both he and the at fault driver were on the job.

When MVA #1 occurred neither he nor the at fault driver were on the job and ICBC was the the third party liability insurer of the at fault driver.

The judge decided that Mr. P. was only entitled to damages from ICBC for that portion of his damages that were attributable to MVA #1.
Continue reading

Claimant injured in three accidents but he caused his 2nd one – damages awarded

Mr. Lane was injured in the first of his three accidents in 2008. His second accident was his fault.

After his second accident Mr. L. developed severe depression. His third accident made his depression much worse.

One issue Mr. L faced at trial was damages for his depression because he caused his second accident which started his depression.

Continue reading