In February 2018, plaintiff Orhan Erdem was involved in a motor vehicle accident while driving north on the Ironworkers Memorial Bridge in Vancouver. The defendant, Mr. Cian Merrigan, had struck his vehicle from behind ("February 2018 Accident"). Another accident had occurred on March 13, 2018, when Mr. Erdem was traveling south on King George Boulevard in Surrey. Unfortunately, the defendant in the March 2018 Accident remained unidentified. Liability was admitted for both accidents.
As a result of the accidents, Mr. Erdem had suffered soft tissue injuries to his right shoulder, left shoulder, neck, and low back, causing headaches, sleep disturbance, low mood, and anxiety. Although the defendants had acknowledged that he could no longer work as a scaffolder, they believed he could perform sedentary jobs. However, since the first accident, Mr. Erdem hadn't been able to work at all.
The case involved several key issues, including determining the nature and extent of Mr. Erdem's injuries from the accidents, considering any pre-existing conditions or vulnerabilities, assessing the credibility and reliability of Mr. Erdem's evidence, evaluating the nature and scope of non-pecuniary damages, calculating the loss of past and future earning capacity, estimating the cost of future care, and examining the validity of the claimed special damages. The court had awarded the plaintiff the following amount:
1. Non-pecuniary Damages: $72,000.00
2. Loss of Past Earning Capacity: $216,912.26
3. Loss of Future Earning Capacity: $152,044.80
4. Cost of Future Care: $8,949.42
5. Special Damages: $5,806.09
TOTAL: $455,712.57