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Surrey Motorcycle Injury Lawyers

BC Loss of Future Earning Capacity

Surrey Motorcycle Injury Lawyers know even skilled motorcyclists are hit by careless drivers. When an accident happens you can’t follow it with a mistake. Sadly, motorcycle injuries are often severe and these injuries jeopardize a Surrey motorcyclist’s financial, social and relationship futures.  Surrey Motorcycle Injury Lawyers at MacLean Personal Injury meet with you immediately after an accident at any of our 5 offices across BC in Vancouver, Surrey, Richmond, Kelowna and Fort St John.  Our Surrey Motorcycle Injury Lawyers will meet with at your home or the hospital if you are unable to get to our offices.

Surrey Motorcycle Injury Lawyers toll free 1-877-602-9900

Motorcyclists in Canada are 15 times more likely to be involved in an accident than automobile drivers. Motorcyclists account for approximately 2% of motor vehicles on the road, and about 10 percent of all motor vehicle deaths involve a motorcyclist. Vancouver motorcyclists are extremely vulnerable to Vancouver motorcycle accidents because they are less stable than cars and also tougher for other drivers on the road to spot. With the smaller size making motorcycles less visible, it often leaves stuck in cars blind spots and exposed to dangerous situations, leading to a Vancouver motorcycle accident.  

HG.org reports that:

Motorcycle riders between the ages of 16 and 24 are significantly overrepresented in accidents; motorcycle riders between the ages of 30 and 50 are significantly underrepresented. Although the majority of the accident-involved motorcycle drivers are male (96%), female motorcycle passengers are significantly overrepresented in the accident data.

Surrey Motorcycle Injury Lawyers Warn Motor Bike Riders to Be Alert

Motorcycles do not have the same protection as an enclosed vehicle, so the likelihood to be injured or killed while in a motorcycle is much higher than those in automobiles. Common Vancouver accidents Motorcyclists are involved in are seen at intersections, or when a motorcyclist is trying to pass or overtake a car. Motorcycles, due to the size and stability are also at greater risk to road hazards such as potholes, slick pavement, dead animals, and other unexpected road objects which can cause accidents.

Surrey Motorcycle Injury Lawyers Know Motorcycle Injuries are Often Catastrophic

In the case (Best v. Thomas,) the plaintiff was rear-ended by a van while he was stopped on his motorcycle, waiting for the vehicle ahead of him to turn left. The plaintiff suffered a spine injury in which he underwent surgery on his C5-6 disc. The plaintiff did not fully recover from the injuries sustained in the accident, and Madam Justice Duncan awarded non-pecuniary damages at $225,000, and a total award of close to $3,000,000 stating the following:

[139]     I find on a balance of probabilities that the main cause of the plaintiff’s current condition, including the myoclonus, is conversion disorder. I come to this conclusion because of the relative rarity of propriospinal myoclonus and how it can be mistaken for psychiatric problems. The non-anatomical presentation was also persuasive. As early as Dr. Ho’s involvement, a strange kicking motion was noted, which was inconsistent with a neurological cause. Some of the plaintiff’s pain may well be as a result of the surgery on his C5/6 disc; however, the vast majority of his symptoms, in my view, are not organic or structural in cause.

[140]     Diagnosis of cause aside, what I glean from the experts is that nobody predicts anything close to a full recovery for the plaintiff. Dr. Hurwitz posited a 14% possibility of some recovery, though in light of the fact that the plaintiff has already been treated with a wide variety of anti-depressant drugs, this is a very optimistic prognosis. The other experts recommended various interventions in an effort to assist the plaintiff.

[161]     The plaintiff was almost 32 when the accident happened. The original injury was to his C5-6 disc. I find the following facts about the plaintiff’s condition have been established on a balance of probabilities.

[162]     Since the accident, the plaintiff has been in constant pain, notwithstanding an aggressive regime of pain treatment through medication and other therapies. He is disabled from competitive employment. While he can drive and walk, with some difficulty and with the assistance of a cane, he cannot engage in the activities he enjoyed before the accident. In terms of physical activity, he can do little more than walk very short distances and swim. He can no longer work at a job he enjoyed. His emotional suffering is extreme. He has given up hope of being a father and had a vasectomy as he would be unable to engage in play or chase a child. His enjoyment of sexual activity is significantly diminished as he has lost sensation in his penis during intercourse. His family and friends attest to the fact that he is not the same person as before the accident. He no longer laughs and jokes around. He is constantly fatigued. His family and two close friends remain engaged with him but his world has shrunk considerably from his pre-accident social activities and he has essentially lost a healthy, active, social lifestyle. He is not as mentally sharp as he was, whether by virtue of the injury or the associated medications he takes to manage his condition. None of the experts predicted anything remotely approaching a full recovery.

[163]     Taking into account all of the foregoing, as well as the range of cases provided by counsel, I award the plaintiff $225,000 in non-pecuniary damages. 

G.   Summary

Non-pecuniary award

$225,000.00

Past wage loss

211,480.00

Loss of earning capacity

1,032,073.35

Cost of future care

1,117,181.00

In trust special damages claim

32,537.50

Special damages

117,546.31

TOTAL AWARD:

$2,735,818.16

Surrey Motorcycle Injury Lawyers at MacLean Personal Injury successfully handle multi million dollar motorcycle injury settlements. Talk to us immediately after an accident and well before you talk to ICBC representatives. We will explain the reason for this at your free initial consultation.

 



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