YOU AND THE LAWø VIDEO SURVEILLANCE CAN HURT YOUR INJURY CLAIM Did you know that if you're hurt in a car crash, the would lead one to conclude," said the court (noting other defence (i.e, ICBC) may secretly film your activitiesevidence also supported this conclusion). later to try and discredit you or reduce your claim? She had claimed $75,000 for her pain and suffering from Car crashes often lead to whiplash and other types ofaccident. While she got less, the court st awarded soft tissue injuries to the neck and back. These types her $40,000 for her pain and suffering (plus other of injuries, and the pain they cause, are very real and compensation) sometimes persist for years. Unfortunately, they're notoriously hard to pin down objectively by medica In another case, the plaintiff injured his shoulder in a tests. Courts must therefore rely on your own testimony,r medical records of your complaints to your doctor orevidence showing him grocery shopping and unloading therapists, and expert opinions rear-end crash. The court saw videotape surveillance objects into his car. In this case, however, the BC Supreme Court decided the video footage didn't contradict or To counter this evidence, ICBC may secretly videotapecast serious doubt on his credibility. His doctors had some of your day-to-day activities in the years after the accident. The defence may then show this footage inthe footage simply confirmed that when lifting heavy court to try and prove that you aren't a credible winessobjects, he was "careful to use both arms and often used and are exaggerating your claims. told him to continue to use his left arm and shoulder; Consider this case in the BC Supreme Court. The plaintiff's car was hit by another vehicle going through the intersection against a red light. At trial, four years later, a key issue was how much the plaintiff's ongoing back problems from the acciden hurt her and limited her functioning. his body to support the object. His main complaintv that he had pain when using his left arm and shoulder and "a videotape cannot capture all pain, said the court. He received $45,000 for his pain and suffering (and more than $86,000 in total compensatio If you have a personal injury claim, be mindful that you may be the subject of video surveillance after the car accident - even years later. And if hurt in an accident of The court was shown footage of surveillance videotape surreptitiously filmed on several different dates over theny t years. Some of these tapes showed her walking stiffly but normally (rather than with the limp or waddle she said she had developed), loading and unloading a cartfll ofmust not be relied on for legal advice. Please call groceries, loading a three- or four-foot house plant into Stephen W.Turner at 250-868-8801 for your free her car, and squatting, getting up and moving around ano obligation, initial consultation garden centre, all without apparent difficulty theany type, consult a lawyer to protect your legal rights and ensure you recover fair compensation. This column provides information only and column loading a cart full Written by Janice and George Mucalov, LL.B.s with contribution by Stepben W Turne Lauyer Janice Mucalov "The impression left by the videotape evidence is of an is an award-winni individual less limited than the plaintiff's evidencel ng legal uriter "You and the Law Janice and George Mucalov is a registered trademark. STEPHEN TURNER LAW Personal Injury Law ICBC CLAIMS, DON'T GET HURT TWICE 50.868.8801 , Call For Free Initial 508 Doyle Ave., Kelowna law@stephenturnerlaw. Consultation