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Vancouver Neck and Soft Tissue Injury

Surrey Langley ICBC Whiplash Injury Lawyers 604-576-5400

A Vancouver neck and soft tissue injury can be catastrophic. Our Vancouver Neck and Soft Tissue Injury lawyers 604-602-9000 know the neck, or cervical spine, has the critical job of providing support and mobility for the head. A neck or soft tissue injury is very common in Vancouver ICBC car accidents due to the pure force of a motor vehicle collision often causing whiplash. Vancouver neck and soft tissue injury symptoms can limit your quality of life, prevent you from working, and restrict you from performing everyday tasks.

If you have ever had a stiff neck think of the pain of a neck and soft tissue injury many times more severe. You need proper mediacl treatment and a solid legal strategy to recover physically and financially. Don’t make a mistake and fail to mitigate your injuries. Meet with us now to find out what you need to do to get on fully and successfully with your life.

ICBC IS Just Doing Their Job But Shouldn’t You Hire Someone Who Acts For You?

ICBC adjustors are paid to do their job well and cannot be faulted for being skeptical. You need a lawyer who belives in your injuries, who will get you the help you need and who will be able to organize and communicate your pain and losses to a judge and jury.

Vancouver Neck and Soft Tissue Injury

Spencer MacLean Vancouver Neck and Soft Tissue Injury Lawyer

Vancouver Neck and Soft Tissue Injury

Vancouver neck and soft tissue injury symptoms usually linger and are hard to treat. In many cases medication and physical therapy are needed. Sometimes surgery is necessary, but even this painful option is not guaranteed to get you back to your pre injury state. In the case (Niijar v. Hill) the Plaintiff was involved in two car accidents, one being in 2010 the second in 2012.  The Defendants admitted fault for both of these. As a result of one or both of these accidents the plaintiff suffered from chronic neck and back soft tissue injuries which were expected to continue into the future.  The parties disagreed about the severity, duration and impact of the injuries from the accident, as well as the appropriate quantum of damages that would be awarded under each head of damages.

Recent Vancouver Neck and Soft Tissue Injury Court Decision Involving 2 Accidents

Madam Justice Baker awarded $90,000 in non-pecuniary damages. This was reduced by 15% after finding the Plaintiff failed to mitigate her damages by following some of her physicians advice. Madam Justice Baker stated the following:

 

[147]     I conclude that Ms. Nijjar suffered soft tissue injuries to the muscles of her neck and back in both the first and the second accident.  The injuries caused by the second accident were more significant and Ms. Nijjar experienced more intensive pain and discomfort of longer duration following the second accident.  She also had pain on the left side of her face, jaw and some left arm pain caused by the inflation of the air bag on her left side and also reported some hip pain.  These complaints resolved within a short time.  Her most significant ongoing symptoms were pain in her neck and upper back; and in her lower back.

[148]     I conclude that Ms. Nijjar made a good recovery following the first accident, although she continued to experience mild symptoms of discomfort, aggravated by certain activities, up to the time of the second accident.   She did not miss work as a security guard after the first accident.  She did take time off from a job with Sears for a period of about two months and did not do any janitorial work for a period of about three months.  She was sufficiently recovered to travel to India three months after the accident and remained there for about two months.  On her return from India she resumed working as a security guard and doing janitorial work.  She attempted to return to the Sears job but was not re-hired.

[149]     Ms. Nijjar had more severe symptoms following the second accident and continued to be symptomatic at time of trial.  Dr. Hershler opined that she suffered soft tissue injuries involving both muscles and ligaments; and a right-sided small cervical disc protrusion caused by the accident that may be contributing to her symptoms; although this remains a matter of uncertainty.  Ms. Nijjar also continues to experience periodic headache which Dr. Hershler believes is cervicogenic.

[150]     The symptoms Ms. Nijjar experienced were not severe enough to cause her to seek relief from prescription medications for more than a couple of months following the May 23, 2012 accident and at times she has not required the use of even non-prescription medication to manage her symptoms.

[151]     I accept that Ms. Nijjar continued to experience neck and lower back pain at time of trial.  Although I have concluded that she exaggerated the severity of her symptoms when testifying at trial, I accept that she continues to have symptoms from time to time.  I accept that she will continue to experience symptoms in future, although I accept Dr. Arthur’s opinion that there will be further improvement with the passage of time; and that the symptoms will also lessen if Ms. Nijjar engages in a regular exercise program designed to improve her back and core body strength.  I conclude that the symptoms in future will generally be mild and episodic and that Ms. Nijjar will be able to alleviate most or all of the symptoms with use of non-prescription analgesic medications.

[194]     Having considered all of the evidence and the range of damages suggested by these authorities, I conclude that an award of $90,000, before deduction for a failure to mitigate, is warranted.  I reduce that award by 15% for the failure to mitigate, and award the sum of $76,500. 

Vancouver Neck and Soft Tissue Injury Lawyers At MacLean Personal Injury Will Create A Recovery Plan

Neck and Soft Tissue Injury

Neck and Soft Tissue Injury lawyer Lorne N MacLean, QC

Vancouver Neck and Soft Tissue Injury lawyers at MacLean Personal Injury will meet you at our offices in Vancouver, Surrey, Richmond, Fort St John and Kelowna BC. We meet with you for free and we get paid when you get your settlement or trial award. Call us across Bc toll free 1-877-602-9900.



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