Category Archives: Pre-accident problems

Judge awards claimant with depression, anxiety & pain $12,631 for future psych treatment & meds

Ms D, 53, was injured in a car accident ten years before her trial. A psychologist that her lawyer referred her to a year before her trial diagnosed her with: major depression, post-traumatic stress disorder, severe driving & other anxiety & severe & constant chronic pain. 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

$90,000 pain & suffering award – worsening of pre-mva headaches & permanent neck injury

After Ms. Willet’s car was struck in the rear by a car that attempted to pass her she had pain in her neck, back, right shoulder & right hip.  Seven years later when she went to trial she continued to suffer from neck pain that led to severe migraine headaches. She had a long history of migraines before her accident. 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.

Continue reading

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