Judge awards $180,000 for pain & suffering for permanent chronic pain, PTSD & depression

Ms. Ali, 42, had moderate pain in her chest, wrist, shoulder & back after her MVA.

5 years later at the time of her trial, she continued to suffer from severe back pain that interfered with all aspects of her life. Due to her pain, she became moody & isolated herself from her family. Her psychiatrist diagnosed her with major depressive disorder & PTSD.

 

Ms. Ali’s family doctor referred her to a rehab specialist. 3 years after the MVA, he diagnosed her with permanent chronic back pain & concluded that her back pain was caused by the accident.

 

ICBC’s lawyer hired a psychiatrist & an orthopaedic surgeon. They concluded that:

  • she had complained of low back pain before the accident &
  • because she is overweight, she would have had back pain even if the MVA didn’t happen.

 

All of the medical professionals she saw agreed that:

  • while she should participate in a rehab program
  • the prognosis (prediction) for her recovery in the future is poor.

 

Mr Justice Blok concluded that:

  • her pre-accident lower back pain didn’t contribute to her post-accident chronic back pain,
  • she would not be suffering from chronic back pain had her accident not occurred,
  • she did not have any mental health issues prior to the accident &
  • she was not exaggerating about her symptoms.

 

The Judge awarded Ms Ali:

  • $180,000 for her past & future pain & suffering,
  • $114,500 for her past loss of income,
  • $450,000 for her loss of future earning capacity &
  • $43,200 for her cost of future care.

 

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