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Langley ICBC Orthopaedic Injury Claim

Our Langley ICBC Orthopaedic Injury Claim lawyers know it’s important for an injured victim who  suffers a orthopaedic injury to get legal advice immediately. ICBC routinely attacks the injured person’s credibility.  Our experienced ICBC car accident claim lawyers will work tirelessly to ensure you are protected and treated fairly by ICBC.

Contact us at 604-576-5400 to ensure you get justice and the highest possible settlement or award. You’ll meet with us for free to get a detailed plan that will lead to a proper settlement of your Langley ICBC Orthopaedic Injury Claim.

Our ICBC Orthopaedic Injury Claim team will help you focus on properly documenting and proving your claim. Langley ICBC Orthopaedic Injury Claim victims may have pre existing conditions and it’s important these conditions be fully examined to see what, if any, role they have in the pain and suffering of a person who has suffered the orthopaedic injury from an ICBC car accident.

In Lewis v Scheer the ICBC Orthopaedic Injury Claim victim claimed nearly $400,000 but was awarded $180,000. The court commented on the injured victim as being an unreliable historian as she had not mentioned or had minimized pain and discomfort she suffered from prior to the accident in her back, legs, hips, neck and shoulders.

What the Doctors Said

The three doctors were in general agreement that the plaintiff’s ongoing symptoms of daily headaches and pain affecting her neck, chest, shoulders and spine were caused by the MVA.

How Are ICBC Orthopaedic Injury Claim Pain and Suffering Awards Calculated?

Justice Funt restated the law:

The guiding authority on non-pecuniary damages (PAIN AND SUFFERING) is the decision of our Court of Appeal in Stapley v. Hejslet, 2006 BCCA 34.  The Court in Stapley describes some of the factors to be considered:

The inexhaustive list of common factors cited in Boyd [Boyd v. Harris (2004), 237 D.L.R. (4th) 193 at para. 5, 2004 BCCA 146] 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, 2005 BCCA 54).

Damages For My Pain Is Good But What About My Past And Future Wage Loss? 

Loss of Future Earnings

[37]         In Perren v. Lalari, 2010 BCCA 140, our Court of Appeal set forth, at para. 32, the rule that there must be a “real and substantial possibility of a future event leading to an income loss” for there to be recovery for loss of income capacity.  The loss may be quantified using the earnings approach or the capital asset approach.

[38]         In Rosvold v. Dunlop, [2001] B.C.J. No. 4, our Court of Appeal stated:

[9]        Because damage awards are made as lump sums, an award for loss of future earning capacity must deal to some extent with the unknowable.  The standard of proof to be applied when evaluating hypothetical events that may affect an award is simple probability, not the balance of probabilities: Athey v. Leonati, [1996] 3 S.C.R. 458.  Possibilities and probabilities, chances, opportunities, and risks must all be considered, so long as they are a real and substantial possibility and not mere speculation.  These possibilities are to be given weight according to the percentage chance they would have happened or will happen.

When you suffer a Langley ICBC Orthopaedic Injury Claim or an ICBC Orthopaedic Injury Claim anywhere across BC you can meet with us for free to discuss how we can work with you to get justice. We have offices in Vancouver, Surrey, Fort St John and Kelowna. Call us toll free at 1-877-602-9000.

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