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Vancouver ICBC Soft Tissue Injury

Surrey Langley ICBC Whiplash Injury Lawyers 604-576-5400

The Vancouver ICBC soft tissue injury lawyers at MacLean Personal Injury know that the whiplash injury to the neck, or cervical sprain/strain, is by far the most common Vancouver ICBC soft tissue injury that that results from a car accident. Sprains and strains are referred to as a Vancouver ICBC soft tissue injury damage (soft tissue includes muscles, tendons, and ligaments). Call 1-877-602-9900 to meet with us for free at your earliest convenience. Delay hurts your chances of maximum recovery and we have offices in Vancouver, Kelowna, Surrey and Fort St John BC with lawyers committed to helping you succeed in getting the highest possible damage award.

We Will Help You Prove Your Vancouver ICBC Soft Tissue Injury

Vancouver ICBC soft tissue injury

Vancouver ICBC soft tissue injury lawyer Spencer MacLean

Because unlike broken bones or fractures, damaged organs, or open wounds, direct proof of a Vancouver ICBC soft tissue injury can’t be seen on x-rays and other medical tests and it can be difficult to objectively prove the injury, ICBC will often argue that a plaintiff in a Vancouver soft tissue injury is faking or exaggerating the extent of a soft tissue injury. Our Vancouver soft tissue injury lawyers know it is important to thoroughly document the injury for an insurance claim and potential lawsuit. To get the maximum award possible you need a solid plan prepared by experienced Vancouver ICBC Claim Lawyers.

Vancouver ICBC Soft Tissue Injury

In Matharu v. Gill, the court dealt with a disputed Vancouver ICBC soft tissue injury case where ICBC argued the injured victim was exaggerating. The judge found the Vancouver ICBC soft tissue injury victim to be credible and although finding she could have followed doctor’s orders more thoroughly made an award of nearly $45,000 for her Vancouver ICBC soft tissue injury and stated as follows:

Hardeep Matharu, the plaintiff, was driving west on Nordel Way in her mother’s pickup truck when it collided with the van driven by the defendant, Balwant Gill. The parties each say the accident was caused by the negligence of the other party. The defendant acknowledges that Ms. Matharu suffered soft tissue injuries as a result of the accident, but takes issue with the nature and extent of the symptoms she suffered.

[30]         When I consider the medical opinions and the evidence regarding the nature and duration of Ms. Matharu’s symptoms, I arrive at the following conclusions:

  1. a)       Ms. Matharu suffered a moderate soft tissue strain to her neck and shoulders. She also suffered a mild low back strain.

  2. b)       Ms. Matharu’s pre-existing conditions have affected the length of time it has taken and will take for her to recover from the injuries. In particular, the inflammatory polyarthropathy made her more susceptible to persistent soft tissue pain. Her mild anxiety condition has also had some impact on the persistence of her symptoms.

  3. c)       In spite of persistent pain for three years, Ms. Matharu has continued with most activities at home and at work. She has managed to do this with the assistance of family, friends and work colleagues. She can fairly be described as somewhat stoic.

  4. d)       Ms. Matharu did not follow Dr. Sanghera’s recommendations to continue with physiotherapy and active rehabilitation for about 12 months. Similarly, prior to the accident, she did not take part in recommended regular exercise. Her failure to do so for a period of time after the accident has likely resulted in some prolongation of symptoms. However, it is unlikely her symptoms would have resolved by trial, even if she had continued with the recommended therapy.

  5. f)        Ms. Matharu continues to experience symptoms related to the injuries suffered in the accident. The symptoms will continue to resolve and there is a good chance they will fully resolve within the next one to two years.

The judge went on to explain how a Vancouver ICBC soft tissue injury is compensated for by way of a settlement or damage award:

Non-pecuniary Damages

[31]         An award of non-pecuniary damages is intended to compensate a plaintiff for pain and suffering, loss of enjoyment of life and loss of amenities. The award must be fair to all parties. All of the circumstances must be considered when fixing the amount of an award for non-pecuniary damages. These can include the nature of the injury, the severity and duration of pain, any physical disability, emotional suffering and impairment of family and social relationships: Stapley v. Hejslet, 2006 BCCA 34 at para. 46.

[44]         Ms. Matharu is awarded the following damages:

  • Non-pecuniary damages:  $40,500 ($45,000 less 10% for failure to mitigate);
  • Past Income loss:  $233.52;
  • Special damages:  $1,771.94; and
  • Cost of future care:  $2,250
[45]         Ms. Matharu is entitled to total damages of $44,755.46.

When you suffer a Vancouver ICBC soft tissue injury you need to get medical help first and then call us before you speak to ICBC. We’ll help you document and prove your case so you recover the highest amount possible for injuries that were not your fault. Contact us now to meet with us for free  across BC or at your home or even in the hospital.

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