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Fort St John Soft Tissue Injury Lawyers

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Fort St John Soft Tissue Injury Lawyers 250-262-5052

Fort St John Soft Tissue Injury Lawyers know that Fort St. John Soft tissue injuries can cause significant pain and can substantially limit your mobility and your mental and physical abilities in the short and long long term.

Fort St John Soft Tissue Injury Lawyers

Fort St John Soft Tissue Injury Lawyers

MacLean Law’s Fort St John Soft Tissue Injury Lawyers Know You Can’t Afford To Miss Lucrative Work

Our Fort St John ICBC personal injury clients work hard and earn substantial income. Being able to work long  hard hours and overtime is crucial to our clients and their families maintaining a comfortable lifestyle. Fort St. John soft tissue injuries can inhibit your ability to work, to take part in recreational activities and sports, or to perform everyday household activities. Substantial damages for your pain and suffering and your past and future lost wages and cost of medical help and care and treatment may be required.

Soft Tissue Injury May Involve Surgery Warn Fort St John Soft Tissue Injury Lawyers

Experienced Fort St John Soft Tissue Injury Lawyers understand that Dawson Creek and Fort St. John soft tissue injuries can involve painful procedures such as surgery, which still does not guarantee a full recovery from a victim’s soft tissue injury.

In today’s BC personal injury trial case of Severud v. Smit, the plaintiff Theresa Severud, suffered significant injuries in a motor vehicle accident.  As a result of the collision Ms. Severud began experiencing headache, neck pain, left hip pain, and shooting pains through her left shoulder down her left arm. Ms. Severud underwent surgery for the soft tissue damage she had in her shoulder, however the shoulder remained painful even after this procedure. For years after the injury Ms. Severud continued to experience shoulder and neck pain. The injuries Ms. Severud suffered interfered with her ability to work and enjoy an active lifestyle, also causing her devastating losses in earning and future earning capacity. At issue in this trial were both liability and damages. 

The Honourable Mr. Justice A. Saunders awarded non-pecuniary damages in the amount of $130,000 and stated the following: 

[48]        I find that Ms. Severud’s ongoing neck and shoulder pain, which result from the subject accident, have imposed and will in all likelihood permanently impose a significant restriction on Ms. Severud’s enjoyment of life, both in its personal and work-related dimensions. There has been a marked restriction in her ability to join in family activities and participate fully in the lives of her children. Her injuries have introduced significant stress into her family relationships. I also accept that she is at least in continuous physical discomfort in the workplace setting, that her normal job functions increase her pain and discomfort. I accept that she is unable to work five days straight, unable to work as frequently, and unable to work overtime to the degree she did prior to the accident. 

Fort St John Soft Tissue Injury Lawyers Note Court Focused On Degree of Pain and Suffering

[52]        In the present case I give great weight to the degree of pain and discomfort which the plaintiff has endured and in all likelihood will have to endure for the rest of her life, as well as the debilitating effect of her shoulder and neck pain on her recreational activities and her relationship with her husband and her children. At the same time, Ms. Severud has also suffered emotional stress from the reduction in her family’s income resulting from the accident; she described, as stated above, how she needed to work because her family’s lifestyle – modest as it is – could not be supported on the income of her husband alone. Mr. Severud testified as to the constraints on the family finances and as to the stress of trying to stretch the budget to cover their expenses. However, it must be recognized that to the extent that the damages being awarded will compensate for those pecuniary losses and alleviate the financial stress, it may be expected that there will be some reduction in emotional stress; and, as there is not infrequently a psychological component to the self-perception of disability in chronic pain cases, there is some reason to hope that a decrease in emotional stress might have at least some marginal beneficial effect on Ms. Severud’s symptoms.

ICBC Defence Cases Not Accepted

[53]        I find the case authorities cited by the defence to be easily distinguished from the present fact situation; each case differs on its facts, but the defendant’s authorities are so distinct that they provide no useful guidance. For example, in Antonishak, the plaintiff’s shoulder injury was relatively mild, possibly requiring – on the medical evidence – future intermittent physiotherapy and massage therapy and/or medication to treat flare-ups, and with future surgery to stabilize the shoulder only being a possible outcome. Similarly in Hong, while the plaintiff did undergo surgery, his surgeon assessed the risk of long-term disability as being low, with the only issue being whether he might re-aggravate or flare-up his shoulder symptoms. While the plaintiff testified as to some level of ongoing pain, the trial judge commented negatively on the plaintiff’s credibility, finding there was some degree of exaggeration.

Fort St John Soft Tissue Injury Lawyers Note $470,000 Total Damages Awarded

The Honourable Mr. Justice A. Saunders awarded over $470,000 for non pecuniary and pecuniary losses suffered in the past and future after reducing the award by 10 % for the contributory negligence ( partial fault) of the Plaintiff.   The plaintiff was also awarded 90% of her costs at Scale B.

Fort St John Soft Tissue Injury Lawyers can Help You Deal With ICBC

We know being injured is bad enough and being unsure about your injuries and your future is not something you need to suffer too. Call us at 250-262-5052 to meet with us in Fort St John BC.

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