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Surrey ICBC Injury Settlement Lawyers

ICBC Spinal Cord Injury Lawyers 604-602-9000
orne MacLean, QC, Spencer MacLean and law student Fraser MacLean

Surrey ICBC injury settlement lawyers Lorne MacLean, QC, Spencer MacLean and law student Fraser MacLean

Our experienced Surrey ICBC injury settlement lawyers know when you are injured in a Surrey car accident related personal injury that you want justice to be done. You want to heal as fully as possible and you expect proper compensation for pain and suffering and your loss of past income and future wage loss. Our Surrey ICBC injury settlement lawyers will meet with you immediately after the accident. Further, our Surrey ICBC injury settlement lawyers will ensure your statement to ICBC is clear and cannot be twisted by ICBC. You will meet with us for free and we are not paid until you receive your settlement.

Call us across BC toll free at 1-877-602-9900.

Surrey ICBC injury Settlement Lawyers

Spencer MacLean , one of our no nonsense Surrey ICBC injury settlement lawyers, provides today’s blog that highlights the court’s analysis of the law for lost income and the cost of future care in a recent and sad case involving a woman injured in a Kamloops car crash:

Our Surrey ICBC injury settlement lawyers handle all types of Surrey personal injury cases including  aggressively obtaining generous Surrey personal injury settlement awards for  car accident victim’s injuries.

Our  Surrey ICBC injury settlement lawyers deal with cases that include money awards to restore the ICBC car injury victim financially, physically and emotionally such as:

  • Wage loss claims including that are typically divided into past and future loss of income.
  • pain and suffering and loss of enjoyment of life
  • health care expenses including therapy treatment devices
  • compensation for a disability that requires a victim to significantly alter his or her lifestyle.
  • cost of future care
  • special damges

Here are the key portions of the case:

I find that the injuries that Ms. Biefeld suffered in the Accident have affected, negatively, virtually every aspect of her life.  She has been unable to enjoy restful sleep without medication.  Her intimate relationship with her spouse has essentially vanished.  She is no longer able to engage in activities around her home and property that gave her pleasure and satisfaction.  She cannot lift her grandchildren.  In the fall of 2014, she felt that her chronic pain and her inability to use her left arm normally left her no other choice but to leave a job she had done for 20 years and that gave her much fulfilment.  I find that, as a result of the injuries she suffered in the September 2007 Accident, the quality of Ms. Biefeld’s life, and her enjoyment of life, are significantly diminished.

Loss of future earning capacity

[184]     There are two stages in assessing a claim for damages for loss of future earning capacity.  First, a plaintiff must always prove that there is a real and substantial possibility of a future event leading to an income loss.  If the plaintiff satisfies that burden, then the second stage requires an assessment of the loss.  Depending on the facts, the assessment may be made by either an earnings approach or capital asset approach.  The former approach will be more useful when the loss is more easily measurable.  A plaintiff may be able to prove that there is a substantial possibility of a future loss of income despite having returned to his or her usual employment.  However, an inability to perform an occupation that is not a realistic alternative occupation is not proof of a future loss.  SeePerren v. Lalari, 2010 BCCA 140, at para. 32.

[185]     Chronic pain will not always result in an award for future loss of earning capacity, but the facts may demonstrate that a plaintiff’s chronic pain will result in a substantial possibility that her pain would adversely affect her ability to work:  see Clark v. Kouba, 2014 BCCA 50, at paras. 33-39.

[198]     I find that Ms. Biefeld’s employment opportunities generally, based on her age, education and basic job skills, have been diminished as a result of the injuries she suffered in the September 2007 Accident.

In the end the court awarded roughly $160,000 for past and future wage loss. Our experienced Surrey ICBC injury settlement lawyers work aggressively on your behalf  and will deal firmly with ICBC in negotiations and mediations.

[202]     The purpose of an award for costs of future care is to restore, as best as possible with a monetary award, the injured person to the position she would have been in had the accident not occurred.  The award is based on what is reasonably necessary on the medical evidence to promote the mental and physical health of the plaintiff.  See Gignac v. Insurance Corporation of British Columbia, 2012 BCCA 351, at paras. 29-30.

[203]     In order for a plaintiff to successfully advance a cost of future care claim, it is not necessary that a physician testify to the medical necessity of each and every item of care that is claimed.  But there must be some evidentiary link drawn between the physician’s assessment of pain, disability, and recommended treatment and the care recommended by a qualified health care professional.  SeeGignac, at para. 31 (citing Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144, at para. 39).  Thus, each item sought by the plaintiff must be analyzed to determine whether there is some evidentiary link between the physician’s assessment of pain, disability and recommended treatment and the care recommended by a qualified health professional:  Gignac, at para. 31.  Since damages for cost of future care are a matter of prediction, they cannot be measured exactly:  see Krangle (Guardian ad litem of) v. Brisco, 2002 SCC 9, at para. 21.

[204]     Moreover, future care costs must be likely to be incurred by the plaintiff.  If a plaintiff has not used a particular item or service in the past, or has declined in the past to follow a medically recommended therapy or treatment, it may be inappropriate to include its cost in a future care award.  See Midgley, at para. 336 and Penner v. Insurance Corporation of British Columbia, 2011 BCCA 135, at paras. 11-14.  In Penner, for example, the court observed (at para. 14) that “a little common sense should inform claims under this head, however much they may be recommended by experts in the field.”

The court awarded Ms roughly $125000 for medications, counselling, physiotherapy, rehabilitation therapy, painkillers special pillows and devices, cleaners and house keepers.

Our Surrey ICBC injury settlement lawyers will meet with you for free at our offices in 4 convenient locations across BC or we will come to your home or the hospital. We can even Skype with you. Call 1-877-602-9900.

Surrey ICBC injury settlement lawyers

Surrey ICBC accident claim lawyers Lorne Maclean, QC and Spencer MacLean

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