22 Sep Headaches
In Thompson v. Helgeson, 2017 BCSC 92, the Court assessed damages for debilitating headaches that seriously affected the Plaintiff’s ability to function personally and socially, and rendered her unemployable.
The 45 year old Plaintiff had a history of depression and anxiety prior to the collision but was still able to work full-time as a UPS delivery truck driver. She also lived with some residual shoulder pain from a workplace injury.
Five years post-accident, the Plaintiff continued to experience debilitating headaches, neck pain and back pain. She reported difficulties with memory, attention and concentration, which the Court attributed to her pain rather than a traumatic brain injury. Her mood and relationships with others were also affected. She lost contact with many friends and experienced driving anxiety. She was unable to return to work and her marriage suffered.
In assessing pain and suffering, the Court noted the Plaintiff’s injuries were permanent and she had a poor prognosis for improvement. The Court awarded the Plaintiff $125,000 for her pain and suffering.22