Federico v. Viveros
Ida Federico
Law Firm / Organization
Whitelaw Twining (WT BCA LLP)

Overview:
Ida Federico sued Carlos Riascos Viveros following a motor vehicle accident on January 2, 2018, where Viveros’ vehicle collided with Federico’s. Viveros admitted liability. Federico claimed injuries including chronic pain and PTSD.

Injuries and Claims:
Federico claimed physical injuries (neck, back, and shoulder pain) and psychological injuries (PTSD, depression, and somatic symptom disorder). She sought damages for non-pecuniary losses, past and future loss of earning capacity, and future care costs.

Legal Issues:
The court addressed the extent of Federico's injuries, whether they were caused by the accident, and the appropriate compensation. The central issues included assessing the credibility of her subjective injury reports and determining if her psychological and physical impairments would continue to affect her future income.

Court’s Findings:
The court found Federico credible and accepted that her physical and psychological injuries were caused by the accident. While her physical pain had lessened, her emotional impairments persisted, impacting her future earning capacity.

Total Award:
The court awarded Ida Federico:

  • $190,000 for non-pecuniary damages,
  • $27,500 for past loss of earning capacity,
  • $400,000 for future loss of earning capacity,
  • $4,235.33 for special damages,
  • Costs of future care to be determined later.

The total award, excluding future care, amounted to $621,735.33.

Supreme Court of British Columbia
M1913176
Personal injury law
$ 621,735
Plaintiff