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Surrey ICBC Shoulder Injury Lawyers 1-877-602-9900 toll free at our 5 locations

Surrey ICBC Shoulder Injury Lawyers know that Surrey shoulder injuries are routine for drivers in car accidents. The shoulder absorbs a high degree of force in a Surrey ICBC car accident as your hands are locked on the steering wheel at the time of the collision, putting the shoulder in a position vulnerable to injury. Damage to the car accident victim’s AC joint, rotator cuff, labral tears, shoulder dislocations, and clavicle (collarbone) fractures are very common injuries in a Surrey ICBC car accident.

Surrey ICBC  claim shoulder injuries are extremely painful and usually involve a lengthy rehab or painful surgery to recover fully. Surrey ICBC Shoulder Injury Lawyers are aware that surgery is the most common option to help with pain in a torn rotator cuff. Repairing a torn rotator cuff involves re-attaching the tendon to the head of humerus. Recovery from a Surrey car accident claim shoulder injury depends on the severity of the injury, the patients age, and the patients compliance with rehabilitation after the injury or surgery.

Surrey ICBC Shoulder Injury Lawyers

Our Surrey ICBC Shoulder Injury Lawyers will meet with you for free and we have actual senior personal injury lawyers that handle your files on a daily basis. We would never put a case manager in charge of your file. We will meet with you at any of our 5 offices across BC in Vancouver, Surrey, Richmond, Kelowna and Fort St John, BC or come to your home or even the hospital.

Surrey ICBC Shoulder Injury Lawyers Review And Explain recent Decision

In the case Mir Tabatabaei v. Kular the Plaintiff sustained a shoulder injury in a 2010 auto collision caused by the defendant. The plaintiff was diagnosed with right shoulder rotator cuff syndrome and myofascial pain in his cervical spine resulting from the accident. Madam Justice Duncan awarded non-pecuniary damages at $75,000 and provided the following:

[66]         It is undisputed that the accident caused the plaintiff’s injuries. While pain is subjective I do not doubt the plaintiff’s complaints of pain in his neck which disrupts his sleep and pain in his injured right shoulder which interferes with physical activity including his work as a carpet cleaner. The injuries have affected the plaintiff’s ability to work as much as he did before the accident. He works more slowly than before, cannot complete as many jobs and cannot work as many hours in a day due to the pain in his shoulder. I am not persuaded the plaintiff’s drug use had any appreciable impact on his ability to earn a living. The comment recorded by Dr. Tsung about opium disrupting the plaintiff’s life is not tied to anything specific, such as his employment, and I am not convinced on a balance of probabilities the plaintiff complained that opium use was affecting his job.

[67]         Dr. Tarazi’s opinion provides a deeper examination of the benefits and risks of surgery in the plaintiff’s particular case than does Dr. Goel’s opinion. I prefer to rely on Dr. Tarazi’s report concerning the plaintiff’s shoulder injury and his opinion that surgery is not indicated due to the real possibility of a negative outcome. Based on Dr. Tarazi’s opinion I find the plaintiff’s decision not to have surgery is a reasonable one.

[68]         The assessment of non-pecuniary damages takes into the account the well-established factors from Stapley v Hejslet, 2006 BCCA 34 at para. 46 [Stapley]. An award under this head is intended to compensate the plaintiff for pain, suffering, loss of enjoyment of life and loss of amenities. Factors commonly taken into account include the age of the plaintiff, the nature of the injury, the severity and duration of pain, the extent of any disability, the extent of emotional suffering and impairments to the plaintiff’s life, including impairments to family, marital and social relationships, physical and mental abilities and loss of lifestyle. Each plaintiff must be assessed individually, though reference to previous similar cases can be helpful. A plaintiff’s stoicism is a factor that should not, generally speaking, penalize the plaintiff: Giang v. Clayton, 2005 BCCA 54 [Giang].

[71]      The plaintiff is 53 years of age. He experiences pain in his right shoulder when he exerts himself. He experiences pain in his neck at night which disrupts his sleep. There is no cure for either of these conditions. His shoulder may get worse and require him to undergo surgery which in turn carries risks. Notwithstanding the pain and discomfort, the plaintiff has continued to work to the extent that he is able and to participate in his previous leisure activities, such as biking and swimming, albeit it to a lesser extent than before the accident. I agree with counsel for the plaintiff that Wong is very similar in terms of the type of injury involved; however, the plaintiff in that case had an additional injury to her knee. Nonetheless, it is a helpful benchmark. In all the circumstances I find an award of $75,000 for non-pecuniary damages is appropriate.

Surrey ICBC claim shoulder injuries need prompt medical and legal attention

Surrey ICBC Shoulder Injury Lawyers  know that ICBC lawyers must do their job to keep payouts low and ICBC defence lawyers can’t be blamed for being skeptical of every claim because it’s their job to do so.

But you need a skilled and experienced Surrey ICBC Shoulder Injury Lawyers team member on your side. You need someone like our tenacious lawyers who believe in your case and who can capably translate your injuries into a powerful and compelling story for the Judge and jury. Call us now toll free at 1-877-602-9900.

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