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Soft Tissue Injury Lawyers in Surrey

BC Loss of Future Earning Capacity

Soft Tissue Injury Lawyers in Surrey handle painful and debilitating injuries and obtain justice and the highest fair ICBC injury settlements 604-576-5400.

Our top Soft Tissue Injury Lawyers in Surrey understand that injured ICBC MVA victims often suffer multiple injuries in a car accident. The experieinced and caring Soft Tissue Injury Lawyers in Surrey at MacLean Personal Injury ensure you get the maximum money settlement. Broken bones, crushing injuries, thoracic outlet syndrome, MTBI and depression are often a painful combination suffered by our car accident injury clients.

Soft Tissue Injury Lawyers in Surrey

Spencer MacLean Soft Tissue Injury Lawyers in Surrey 604-576-5400

Soft Tissue Injury Lawyers in Surrey

A high profile model suffered injuries when she was injured when a car crashed through a wall into a deli she was at. Her self esteem and ability to work was compromised. In Starchuk v. Hannig a BC Supreme Court Justice awarded nearly $450,000 for a serious injury to the young woman.

[4]            The primary issues in this case are the nature and extent of Mr. Starchuk’s injuries and the damages owed for them. The plaintiff says that she has suffered a number of injuries which include: soft tissue injuries to her neck, shoulders and upper limbs, back, chest, knees and right foot; chronic mechanical neck and shoulder as well as persistent forearm and wrist pain; a capsular tear of her left breast implant requiring bilateral revision surgery which resulted in postoperative pain and permanent loss of sensation; double crush neuropathic pain and bilateral carpal tunnel syndrome as well as thoracic outlet syndrome; a concussion or mild traumatic brain injury; an adjustment disorder, posttraumatic stress disorder and aggravated insomnia; headaches; and issues with concentration, memory and cognition. She says that these conditions have not resolved, are chronic, and will continue into the future. She says that as a result her business applying and teaching lash extension technology has been affected, and that she can no longer act as a lash technician or teach or demonstrate the techniques involved. She says that she also requires assistance with her household tasks.

[95]        I accept that motor vehicle accident caused the complaints that Ms. Starchuk is experiencing in her right and left upper limbs. I found the evidence of Ms. Starchuk’s experts, Drs. Koo and Singh, persuasive and comprehensive. Whether one accepts the double crush theory or not, the accident is the cause of these complaints.

[104]     Where a plaintiff has been injured the defendant must compensate them for any past loss of earning capacity. This amount is to be based on what the plaintiff would have, not could have, earned but for the injury that was sustained (Rowe v. Bobell Express Ltd., 2005 BCCA 141 at para. 30; see also Ibbitson v. Cooper, 2012 BCCA 249).

[110]     I make this assessment based largely on my assessment of the plaintiff, her strength of character and the evidence with respect to the burgeoning business that she was engaged in. I have also considered negative contingencies: such as a possible dimunition in business due to changes in demand or added competition as well as the possibility that Ms. Starchuk would not have continued with the business for other reasons or that the business would not have grown as anticipated. She is now less valuable to herself as a person capable of earning income from her business. Ms. Starchuk testified, and I accept, that she has had difficulty dedicating the time she did to her business as a result of the accident. Similarly, her intention was to grow the business and her skills as an aesthetician and teacher were an important part of that plan. To the extent she has been required to delegate these tasks and take up a more administrative role, the businesses’ future growth and her future income have been reduced. The amounts are informed by the testimony of Ms. Starchuk and Ms. Chiang and the financial statements submitted through Tamara Hatoum.

Conclusion

[132]     In conclusion I award:

Pain and Suffering                                                  $135,000.00

Past Loss of Earning Capacity                                  $50,000.00

Future Loss of Earning Capacity                             $150,000.00

Future Care Cost

Pain Management                                            $5,000.00

Personal Trainer/Physiotherapist                      $1,700.00

Post-Traumatic Stress Disorder

Specific Therapy                                            $10,000.00

Ergonomic Assessment and Support                   $700.00

Adaptive Aides & Equipment                            $1,222.00

Psychiatric Medication                                        $500.00

Housekeeping Capacity

Housekeeping                                                  80,000.00

Special Damages                                                       $8,418.70

Total                                                                      $442,540.70

Call Our Experieinced Soft Tissue Injury Lawyers in Surrey Now at 604-576-5400

Soft Tissue Injury Lawyers in Surrey

MacLean Surrey Personal Injury Lawyer Head Office 604-576-5400

Soft Tissue Injury Lawyers in Surrey can help BUT ONLY if you call us immediately after the accident.  We have 5 offices across BC in Vancouver, Surrey, Richmond, Kelowna and Fort St John BC. Delay hurts your money recovery chances and sadly, ICBC has become more contentious in dealing with injury settlement negotiations. Don’t follow an accident with a huge mistake. Call us toll free at 1-877-602-9900.



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