29 May Proving “Invisible” Injuries at Trial
Proving injuries that are not readily visible to an outside observer is a difficult task. Your lawyer should adequately prepare such a case by calling corroborating friend and family witnesses, and expert medical evidence. The credibility of the plaintiff and the opinions of medical experts are crucial in such cases. In Miolla v. Fick, 2015 BCSC 616, the plaintiff claimed she suffered from a balance problem arising from a minor motor vehicle collision.
ICBC argued that the plaintiff was malingering and could have returned to work following the motor vehicle collision. The Judge considered the Plaintiff’s credibility and found that the Plaintiff was not intentionally exaggerating. The evidence of the Plaintiff’s supervisors at work was consistent with her own evidence.
The Judge found that the Plaintiff had suffered a balance system injury that had a large impact on her life, despite conflicting evidence from the Plaintiff’s and ICBC’s medical experts, and despite limited video evidence provided by ICBC’s private investigator showing the Plaintiff capable of walking. As a result, the Judge awarded the Plaintiff $90,000 for pain and suffering, her full past wage loss claim, and 70% of her loss of future earning capacity claim.
If you have suffered from an injury to your balance system or a concussion as a result of a motor vehicle collision, you should retain legal counsel.