BC Supreme Court supports reduced earning capacity in chronic pain case

On Friday, September 17, 2010, the B.C. Supreme Court released a judgment in Knight v. Belton, a Prince George case.

Ms. Knight was a dental hygenist and mother of two.  After her accident, Ms. Knight suffered several months of headaches, vertigo, and neck pain. She also suffered right shoulder pain for about a year and she had on-going chronic pain and periodic right shoulder pain.

What is particularly interesting about this case is that ICBC did not want any award to be given to Ms. Knight for her loss of future earnings, even though her pain caused her to be less energetic and less capable of pursuing full employment.  The Plaintiff asked for $300,000 to make up for her diminished earning capacity while ICBC asked for an award of $0.  After examining Ms. Knight's potential future earning and calculating what she might now make given her chronic pain, Madam Justice Gray awarded $300,000, in addition to awards for pain and suffering and a number of other categories.

ICBC tends to fight quite vigourously against demands for compensation for potential future earnings loss.  This case demonstrates that the Courts will make reasonable awards where justified, but taking a case to trial is sometimes necessary.

Disclaimer:  This post is not intended as legal advice.  Every ICBC claim is different and dependent on its facts.  To obtain advice on a specific claim, please visit  us at www.gantzertlaw.com.