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.

 

Visual-vestibular mismatch is a condition that makes a person feel dizzy or imbalanced when he or she sees a lot of movement. It is diagnosed by some:

  • otologists, medical specialists of the inner ear & balance system &
  • neuro-opthamologists, re visual problems that relate to the nervous system.

 

Mr. Justice Choi concluded after Mr. W’s trial that visual-vestibular mismatch would likely be permanent and that it greatly reduced his enjoyment of life. The judge thought it was important that it affected Mr. W’s ability to spend time with his grandson.

 

As a result of his dizziness, Mr. W fell & suffered a serious injury to his groin. This caused him severe pain & long lasting discomfort after his significant pain declined.

 

The judge decided that Mr W would not have fallen absent his car accident since this caused his dizziness. Therefore, the judge required the other driver (insured by ICBC) to compensate Mr W for his groin injuries that resulted from his fall.

 

Mr W’s shoulder & back injuries from his mva resolved within 3 – 6 months. He had ongoing pain in his neck at trial. However, the judge decided that it was not Mr W’s accident but rather the degeneration of his spine that caused this.

 

The Judge awarded Mr W $110,000 for his pain & suffering related to his visual-vestibular mismatch, groin injuries, short-term soft-tissue injuries, & worsening of his depression.

 

She also awarded him:

  • -$65,000 as an “in trust” award for all the assistance his spouse gave him over and above what would be expected of a spouse;
  • $80,000 for his past loss of income &
  • $12,500 for his cost of future treatment and care.

 

See :

  •  “Dizziness & nausea. Questions & answers” at
  • another blog on this case entitled:
    • “Judge awards man $65,000 to pay for spouse’s housekeeping after injury”
  • Wright v. Mistry (2017), 2017 BCSC 239