Court awards dizzy & nauseous claimant $100,000 for pain & suffering & lost housekeeping capacity

Ms. Reimer was involved in a car accident in 2011 in which she hit her head. Prior to her accident she was physically active and enjoyed spending time with her friends & grandchildren. However after her accident she suffered from nausea, dizziness, nightmares and neck, back, and jaw pain. Her soft tissue injuries & nightmares resolved but her dizziness, imbalance & migraine headaches had become chronic.

On October 15, 2015 in Vernon, BC, Mr. Justice Cole released his reasons for judgment. He found that Ms. R, who was self-employed, had to devote more time to her work because of her frequent migraines and headaches. Because of this she was not able to spend time with her grandchildren or to go out and socialize.

These factors led the judge to award $100,000 for both her pain and suffering and her loss of housekeeping capacity. He was swayed by the fact that Ms. R went from being a positive individual with a well-balanced lifestyle to one that was mostly work and sleep.
Here the judge made an award for loss of housekeeping capacity together with pain and suffering under what is called in law “non-pecuniary damages”. This means non-financial damages. Judges have the option of awarding for loss of housekeeping capacity either under a separate category from or together with pain & suffering.

To learn more about claims relating to dizziness, nausea and imbalance please see: http://www.icbcinjurylawyers.ca/dizziness.html

 

 

See Reimer v Bischoff, 2015 BCSC 1876