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Fort St. John Serious Personal Injury

ICBC Car Accident Injury

MacLean Personal Injury Fort St. John Serious Personal Injury lawyers 250-262-5052 know MVA victims involved in a serious Fort St. John car accident may end up with a Fort St. John serious personal injury.

A Fort St. John serious personal injury is an extreme injury, such as paralysis (paraplegia or quadriplegia), spinal cord damage, brain damage, loss of vision, severe burns, or limbs that need to be amputated. Significant mental suffering usually results from a Fort St. John serious personal injury, as victims usually battle depression and mood changes.

A Fort St. John serious personal injury also has significant consequences for a victim’s family as well. Extra supervision and help will be required for the victim. After a Fort St. John serious personal injury, the future quality of life the person enjoys will likely be severely impaired. Lost wages imperil the victim and his family and future wage loss needs to be generously compensated for to protect the whole family.

A serious or catastrophic injury will usually permanently prevent a victim from working their regular job, and even impair them from doing everyday activities they once enjoyed. On top of this the cost of Fort St. John medical bills associated with someone that has suffered a Fort St. John serious personal injury will be very high. Wage loss, pain and suffering, medical costs, homecare, therapy and family member expenses must all be expertly assessed to obtain the highest just result. Our Fort St. John Serious Personal Injury lawyers will help you obtain the justice you deserve.

MacLean Personal Injury Lawyers operate out of the office we built and have built and owned for over a decade in downtown Fort St John. Our experienced lawyers personal injury lawyers will meet with you at our office at your home or even at the hospital. We meet with you for free and only get paid when you do. Call us now at 250-262-5052.

Fort St. John serious personal Injury

Fort St John Serious Personal Injury Lawyers 250-262-5052

We have 5 offices across BC including Fort St.John/Dawson Creek, Kelowna, Richmond, Surrey and downtown Vancouver 1-877-602-9900.

Fort St. John Catastrophic Injury

A Fort St. John paralysis injury such as paraplegia and quadriplegia is a common catastrophic injury for victims involved in Ft. St. John motor vehicle accidents. The diagram below sets out what the injuries can look like.

 

Fort St. John Catastrophic Injury

MacLean Personal Injury Can Help 250-262-5052

 

As the Mayo Clinic states “Paralysis of the lower half of the body is called paraplegia. Paralysis below the neck, including both arms and legs, is called quadriplegia.”

Fort St. John Serious Personal Injury Lawyers Explain Judgment Involving Fractured Neck

In the case Cebula v. Smith, the plaintiff was injured in a head on motor vehicle accident which resulted in numerous injuries throughout the body, the most severe being a fractured neck which involved surgery.

 

Mr. Justice Weatherhill awarded $150,000 in non-pecuniary damages to the plaintiff and stated the following:

 

[297]     On the basis of the evidence before me, I find that the plaintiff has established that the injuries she sustained to her neck, shoulders and upper back, right knee and right ankle, as well as her PTSD, sleep disturbances and anxiety were caused by the Accident.  I also find that the plaintiff’s swallowing difficulties, dizziness and voice problems were the result of her neck surgery that was itself necessitated by the Accident.  The infection in her hip at the site of her bone graft was also the result of her neck surgery.  Her headaches have been aggravated by the Accident.  It is more probable than not that these injuries and other conditions would not have occurred but for the Accident.

 

[298]     Prior to the Accident the plaintiff was a healthy, happy, fun-loving, physically active and easy going single mother of two teenagers.  She regularly exercised in the gym, ran, hiked and went bike riding.  She participated in water sports.  She had an active social life.

 

[301]     As a result of the Accident, the plaintiff’s life changed permanently and dramatically.  The various surgeries she underwent, the chronic pain and headaches, the long period of only partial recovery, the limitations on her mobility and her inability to continue in her teaching position has had a significant effect on both her physical and psychological wellbeing.  She has withdrawn from her social network and previous social activities.  She is short-tempered and not as much fun to be around.  Driving has become stressful and anxious for her.  It is worse when she is a passenger.  The dizziness and choking that began after her November 2007 neck surgery continue to this day.  She is unable to take care of her home and garden except for minor housekeeping tasks.

[302]     The plaintiff has become anxious and has lost confidence in her ability to be an effective teacher.  Teaching is no longer the joy that it was for her prior to the Accident.  Although psychological treatment and other encouragement enabled her to gradually return to work, she is only able to teach in the classroom one day per week.  That one day takes a toll on her such that she requires the remainder of the week to recuperate and prepare for the next work day.

[303]     The plaintiff was in obvious pain and discomfort while she was testifying.  It is clear to me that the Accident has caused her significant stress and anxiety and significantly affected her ability to function and cope with daily life, a marked change from her life prior to the Accident.

[309]     The considerations to be taken into account by a court in assessing non-pecuniary damages were set out in Stapley v. Hejslet, 2006 BCCA 34 at para. 46:

[46] The inexhaustive list of common factors cited in Boyd that influence an award of non-pecuniary damages includes:

(a) age of the plaintiff;

(b) nature of the injury;

(c) severity and duration of pain;

(d) disability;

(e) emotional suffering; and

(f) loss or impairment of life;

I would add the following factors, although they may arguably be subsumed in the above list:

(g) impairment of family, marital and social relationships;

(h) impairment of physical and mental abilities;

(i) loss of lifestyle; and

(j) the plaintiff’s stoicism (as a factor that should not, generally speaking, penalize the plaintiff: Giang v. Clayton, [2005] B.C.J. No. 163 (QL), 2005 BCCA 54).

[321]     Having considered the principles set out in Stapley and the cases relied upon by counsel, I find that an award of $150,000 for non-pecuniary damages is appropriate.

 

 

highly experienced Surrey whiplash chronic pain lawyers

Spencer MacLean one of our aggressive Fort St John serious personal injury lawyers

Contact us immediately if you have suffered a Fort St. John serious personal injury or Dawson Creek critical ICBC injurywe will meet with you immediately and before you talk to ICBC which is a crucial part of a successful outcome for you. Call us now at 250-262-5052.



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