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 &
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.
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: