2024 Range of damages – Chronic Pain

A recent published decision identifies a number of cases involving chronic pain cases. The case is referenced as Maher v Tsegaye, 2024 BCSC 822 (CanLII). Link is below.

These cases show a range of damages that are relevant to the following injuries: chronic back pain, psychological injury, major depressive disorder for the foreseeable future, that show some improvement of symptoms, and regular treatment required.  

The range presented by Plaintiff is $150,000 and $175,000. 

The range presented by the Defence is $60,000 and $80,000. 

PLAINTIFF CASES

a)    Pearson v. Savage, 2017 BCSC 1435: $175,000 for a 21-year old plaintiff who suffered from chronic pain in their neck and back, headaches, and depression.

b)    Bolognese v. Phan, 2022 BCSC 1734: $150,000 for a 27-year old plaintiff who suffered injuries to their neck, back, ribs, and coccyx, in addition to anxiety and depression.

c)     Lal v. Singh, 2021 BCSC 2378: $165,000 for a 33-year old plaintiff who suffered from chronic pain in their neck and back. They also suffered from headaches and depression.

d)    Culver v. Skrypnyk, 2019 BCSC 807: $175,000 for a 32-year old plaintiff who sustained injuries to their back and legs. They also developed anxiety and depression.

DEFENCE CASES

[67] In submitting that the appropriate range for an award for non-pecuniary damages in this case is between $60,000 and $80,000, the defendants rely upon the following cause authorities:

a)    Bearpark v. Lakhanpal, 2013 BCSC 2082: $70,000 for a 25-year old plaintiff who suffered from significant ongoing chronic lower back pain, difficulty sleeping, depression, and anxiety.

b)    Dhadda v. Bradley, 2019 BCSC 1840: $110,000 for a 23-year old plaintiff who suffered chronic neck and upper back pain and an anxiety disorder brought on by the pain. The award was reduced to $82,500 for failure to mitigate.

c)     Le v. Point, 2015 BCCA 134: $60,000 for a 28-year old plaintiff who suffered pain in their neck, shoulder, and back. Symptoms of anxiety and depression eventually developed.

d)    Livsey v. Rukavina, 2009 BCSC 1960: $40,000 for a 22-year old plaintiff who suffered soft tissue injuries to their neck and lower back.

e)    Safdari v. Buckland, 2020 BCSC 769: $67,500 for a 36-year old plaintiff who suffered soft tissue injuries to their neck and upper back area, and cervicogenic headaches. Additionally, the plaintiff suffered an aggravation of their pre-existing lower back pain, anxiety and depression.

Case Link: Maher v Tsegaye, 2024 BCSC 822 (CanLII). The non-pecuniary damages in this case settled for $100,000.

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