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Best Surrey Personal Injury Lawyer Tips

Vancouver ICBC brain injury lawyer Spencer MacLean

Pain and Suffering Damages

MacLean Personal Injury is pleased to provide the best Surrey personal injury lawyer tips and case summaries in our BC personal injury blog. The best Surrey personal injury lawyer strategies involve meeting immediately with a client after they are injured and well in advance of any statement being given to ICBC adjustors. MacLean Personal Injury lawyers will meet with you for free and we only get paid when you do. We act across BC with 4 offices conveniently locate in Vancouver, Surrey, Kelowna and Fort St John/ Dawson Creek. call us toll free at 1-877-602-9900.

Spencer MacLean of MacLean Personal Injury provides best Surrey personal injury lawyer tips and help to his clients

Spencer MacLean of MacLean Personal Injury provides best Surrey personal injury lawyer tips and help to his clients

Adjustors act for ICBC and they are very skilled at protecting their employer and keeping money settlements as low as possible. On the other hand our best Surrey personal injury lawyer team only acts for you and our BC personal injury lawyer team has years of experience in tenaciously obtaining the highest fair settlement for injured victims.

Test For Surrey Pain and Suffering Damages Explained

There are many heads of damages we pursue on behalf of our clients as the best Surrey personal injury lawyer team and one of the heads in called pain, suffering, loss of enjoyment of life and loss of amenities.

How does a judge decide how much money is payable for the pain and suffering an innocent car accident victim suffers?

The recent case of Bricker v. Danyk explains what the best Surrey personal injury lawyer would argue on your behalf to get you the highest damage award possible.

Non-Pecuniary Damages

[134]     Non-pecuniary damages are awarded to compensate an injured person for pain, suffering, loss of enjoyment of life and loss of amenities. The principles governing the assessment of such damages are well known and have been discussed in numerous cases: see Stapley v. Hejset, 2006 BCCA 34 at para. 46, leave to appeal ref’d [2006] S.C.C.A. No. 100.

[135]     Awards of non-pecuniary damages in other cases provide a useful guide to the court, however the specific circumstances of each individual plaintiff must be considered as any award of damages is intended to compensate that individual for the pain and suffering experienced by them: see Trites v. Penner, 2010 BCSC 882 at para. 189. Moreover, the compensation award must be fair and reasonable to both parties: see Miller v. Lawlor, 2012 BCSC 387 at para. 109 citing Andrews v. Grand & Toy Alberta Ltd., [1978] 2 S.C.R. 229, 83 D.L.R. (3d) 452.

[136]     Ms. Bricker again submits that the accident has had a significant impact on her enjoyment of life. She says that she is a different person than she was before the accident. She seeks an award of non-pecuniary damages in the amount of $130,000 is warranted.

[137]     Ms. Bricker cites Kam v. Van Keith, 2015 BCSC 1519; Hosseinzadeh v. Leung, 2014 BCSC 2260; Morena v. Dhillon, 2014 BCSC 141; and Sekihara v. Gill, 2013 BCSC 1387, as cases in which the injuries sustained and the resulting impacts are similar to those in this case. The range of non-pecuniary damages awarded in those cases is $125,000-130,000.

[138]     The defendants submit that non-pecuniary damages in the range of $35,000-75,000 are more appropriate. They say that Ms. Bricker’s complaints have improved and that her level of activity, including running her business, expanding her business in Alberta, driving, hiking and walking her dog daily, speaks to a better vocational, recreational and functional picture that the one painted by Ms. Bricker.

[139]     They cite in particular Rozendaal v. Landingin, 2013 BCSC 24, where the court awarded $40,000.

[140]     There is no doubt that Ms. Bricker has been negatively affected by the accident and that it has significantly impacted on her enjoyment of life. That said, I agree with the defendants that, at least recently, her level of activity and functioning has shown considerable improvement. In the circumstances, I find that a reasonable award of non-pecuniary damages is $100,000.

The biggest mistake an injured victim makes is failing to call the best Surrey personal injury lawyer the minute after they have got medical help. Don’t compound and accident with a big mistake. Call Spencer MacLean now to get the help you need.



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