YOU AND THE LAW® HOW DO COURTS COMPENSATE SUBJECTIVE PAIN Car accidents often result in obvious physical injuries, In the years before the court hearing, Marie went for like a broken arm. But they can also result in less obiousmany physiotherapy, massage, acupuncture and other injuries. These are sometimes harder (or impossible recommended treatments. She had injections and to verify objectively. For example, even though yourtook prescribed pain medications. However, this only doctors can't point to a physical cause, you may still havehelped manage her pain; it didn't cure it. There was the ain, sometimes long after the normal recovery period has gone by possibility of having rhizotomy surgery in future. But again, this might only help reduce her pain (not cure it). Can you st get "damages" (money compensation) If it worked, the surgery would have to be repeated each when your pain is subjective only? Yes. year This may include compensation specifically for your The BC Supreme Court noted: "The experience of painis pain, as well for your earning capacity and more. r reduced future earning capacity very subjective." It's hard to understand how bad it is and assess how it affects any particular individual, even with Take the case of Marie (name changed), a fit, active andthe help of medical opinions and functional evaluations healthy 41-year-old woman. She suffered a soft tissueby professional caregivers. As is usual in these cases, injury when her car was rear-ended while stopped for amuch depended on Maries credibilit pedestrian. The other vehicle was at fault. The court concluded Marie wasnt exaggerating her symptoms or pain. She was a credible witness. Her Marie lived in Vernon with her mom and daughter She had a successful career and a high-paying jobevidence was supported by the reports of her doctors (earning $115,000 annually). After initially workingand other witnesses. a respiratory therapist, she had been promoted to a managerial position with bright future prospects. But those prospects dimmed in the years after the accident. For the first year-and-a-half after the accident, After looking at all the testimony, the court awarded Marie $130,000 in damages for her pain and suffering She also got $500,000 for her reduced future earning s mostly able to carry on with her jo b as before.capacity and over S117,000 for future care costs arie wa But then she had to take more and more time off workIf you've been hurt in a car accident due to the fault of due to her pain. Also, the company she worked for wasanother, your lawyer can help get you the compensation sold, and t was unclear if the new management wouldyou may be entitled to receive. continue to accommodate her health issues, let alone promote her This column provides information only and must not be relied on for legal advice. Please call Normally, the soft tissue injuries in her neck, middleStephen W. Turner at 250-868-8801 for your free back and lower back spinal region would have healed no obligation, initial consultation within 12 months. But the subjective pain she felt after the accident didn't get better. Her doctors concluded thecontribution by Stephen W. Turner Lauyer Janice Mucalov pain was likely to be permanent, with flare-ups making is an auard-winning legal writer "You and the Law" is a it worse. Written by Janice and George Mucalov, IL.B.s with registered trademark. OJanice and George Mucalov STEPHEN TURNER LAW Personal Injury Law ICBC CLAIMS, DON'T GET HURT TWICE C or Fieaionta 20.868.8801 100 ptogpheinturnceniownia LAW 508 Doyle Ave., Kelowna law@stephenturnerlaw.ca Consultation