Court awards $85,000 in non-pecuniary damages for soft tissue injuries

In reasons for judgment released today, the court in Harris v. Kraus, 2017 BCSC 640, awarded a 30-year-old mother of three with pre-existing depression $85,000 in non-pecuniary damages for soft tissue injuries.  Mr. Justice Betton wrote as follows:

[20]         The plaintiff says that 4.5 years post-collision she continues to suffer with constant pain and with ups and downs in her daily experience.

[21]         She argues that given her age and the significant impact on her enjoyment of life, including her role as a mother of three young children, an award of $110,000 is appropriate.

...

[73]         The plaintiff is a young mother of three who has and will continue to deal with chronic pain. It is obvious that this has affected all aspects of her life. Apparently and understandably, the most difficult part of that has been the impact on her ability to parent. Emotionally and physically she is limited in this regard.

...

[77]         Counsel have referenced numerous authorities, all of which are helpful. It is always possible to find features of other decisions that distinguish them from the facts at bar. But for the medical opinions that the plaintiff will improve, I would award an amount in the range suggested by the plaintiff. Taking into account that optimism, but recognizing the uncertainties associated with it, I award $85,000.

The full decision can be found here: http://www.courts.gov.bc.ca/jdb-txt/sc/17/06/2017BCSC0640.htm