Judge awards $45,000 for pain & suffering 5 years after low speed collision

Mr. Parker, a 60 year old chiropractor,  claimed that as a result of his minor MVA he experienced:

  • injuries to his neck,
  • aggravation of his lumbar disc disease,
  • weakness in his right hand &
  • headaches.

 

Mr. P’s injuries did not pose him any serious limitations. He did not take any time off work, & was able to drive to his doctor on the day of his accident.

 

By the time of his trial over 5 years after his MVA, Mr. P’s low back had returned to its pre-accident level of functioning but he continued to suffer headaches & he had neck stiffness & pain that required ongoing treatment.

 

Mr. Justice Ball awarded Mr P $45,000 for his pain & suffering considering:

  • his ongoing symptoms after almost 6 years &
  • that Mr. P’s accident did not cause:
    • his vehicle any damage, because it was low impact. The judge said that courts must be cautious awarding high amounts in such cases.
    • his right-hand weakness. Two doctors wrote that Mr. P’s hand symptoms were unrelated to the accident but rather were caused by an unrelated carpal tunnel syndrome &
    • his heart attack about one year before his trial.

 

Mr. Justice Ball also awarded Mr. P:

  • $1,500 for a kinesiology program, &
  • $9,000 for ongoing chiropractic care.

 

See: Parker v Martin 2017 BCSC 446

 

Also, see Mr. Temple’s answer to this question:

“How do the courts and ICBC decide how much to award an injured person for pain and suffering” at:

http://www.icbcinjurylawyers.ca/painsuffering_ans1.html