Category Archives: Psychological injuries

Judge awards $100,000 for pain & suffering to man with chronic pain

Mr. Lafond, 57, continued to have pain in his right shoulder, neck & back as well as ongoing headaches, anxiety & depression at his trial 6 years after his car accident & his future did not look bright. He was a stoic person not given to complaining. Continue reading

Post-accident depression – clinical study shows that improving one’s diet may help 

Many people injured in vehicle accidents develop depression. Sometimes this is so severe that a physician or psychologist diagnoses the patient as having “clinical depression”. Often this is a result of people realising that their recovery will not be as rapid as they had hoped.

A recent study showed that if people follow a very healthy diet they may be able to:

  •  lower their risk of developing clinical depression or
  • recover from their clinical depression more quickly.

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PTSD – a few of the latest treatments that may greatly help

People injured or insured in BC who suffer PTSD as a result of an mva are entitled to ICBC Accident Benefits. These include funding for psychological treatments & reimbursement for prescribed medications.

There are a few psychotherapy treatments & medications that are shown to be effective in the treatment of PTSD including:

  • prolonged-exposure therapy,
  • cognitive processing therapy,
  • eye movement desensitization & reprocessing (EMDR) &
  • a couple of selective serotonin re-uptake inhibitors (SSRI’s).

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 Judge assessed $140,000 for pain & suffering for long-term pain & psych problems – but then cut this in half

Ms. Mullens suffered moderate soft tissue injuries in a car accident. At her trial 4 years later, she continued to suffer from anxiety, depression, panic attacks & chronic headaches, neck & low back pain.

The judge concluded that “from a purely physical point of view she ought to have recovered from her injuries long ago, but the accident triggered ongoing psychological conditions…”

She had not followed several recommendations given by her doctors.  Continue reading

Limited English speaker awarded $350,000 for loss of future earning capacity

Ms. Tan was 52 years old at the time of her mva. She had been working as a room attendant cleaning guest rooms for nearly 16 months at The Westin Wall Centre Hotel (“The Westin”). By her trial date she had not returned to work at her former physically demanding or any job since her mva due to her chronic pain & cognitive & psychological issues.
ICBC’s lawyer argued at trial that:

  • Ms. T’s loss of future earning capacity award should be small and,
  • she will be able to get a job again if it involves her being seated or performing only light-strength work.

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$180,000 awarded to PTSD victim for her pain & suffering— judge rejects ICBC’s psychiatrist’s opinion

Ms. Jossy was in an accident in 2011. It resulted in ankle surgeries, neck, shoulder & back pain & disabling psychological injuries. She had struggled with her mental health before her mva as she had experienced severe emotional & physical childhood trauma. However she had greatly improved before her accident. After it, these problems worsened to the point that she was hospitalized in 2014.

ICBC hired Dr. Milanese, a psychiatrist. He assessed Ms. J., prepared a report & testified at her trial. He downplayed her condition & stated that:

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Claimant’s damages not reduced even though she refused medication & yoga

Ms. Kaler’s mva’s left her with chronic pain & cognitive & psychological problems. 2 years after her last mva she stopped attending yoga & also stopped taking her pain medication.

At trial ICBC’s lawyer argued that:

  • Ms. K was unreasonable to stop her medication & yoga &
  • her award for damages should therefore be reduced.

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Claimant not penalized for refusing anti-depressants & counselling— judge found reasonable

Mr. Moini experienced pain & depression that were worsened by his 3 car accidents. A few months after his first accident, he stopped taking his anti-depressant medication because he found that it made him dizzy, drowsy & unable to concentrate & work. Mr. M also stopped attending psychological counselling after a few sessions because he found it “completely unhelpful”.

At trial ICBC’s lawyer argued that:

  • he failed to mitigate his losses by not attending counselling & taking anti-depressants;

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Judge rejects the opinion of Dr Levin, a psychiatrist used frequently by ICBC, & awards damages of $702,435

Ms. Litt was involved in two car accidents, one in 2003 and another in 2010. They left her with an ongoing pain disorder. She sought compensation in part for her psychological injuries resulting from her accidents. She testified that her mood was awful – she felt angry and irritable all the time.

ICBC hired a psychiatrist, Dr. Levin. He wrote a report & then testified at trial. He claimed that because Ms. L. returned to work and school after her accidents she could not have a psychological pain disorder.

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