Voong v. Valenzuela
Lily Voong
Law Firm / Organization
Not Specified
Lawyer(s)

S.N. Collins

Andy Valenzuela
Law Firm / Organization
Basra Law Group

Background:
The plaintiff, Lily Voong, sustained long-term injuries in a car accident on October 20, 2019, as a passenger in a car driven by her husband, the defendant, Andy Valenzuela. The accident occurred on Highway 1 near Surrey, BC, during heavy rainfall. The defendant admitted liability for the accident.

Legal Issues:
The main legal issues involved assessing damages for non-pecuniary losses, loss of earning capacity (past and future), loss of household capacity, and costs of future care. Expert testimonies addressed the extent of injuries, pain, depression, and ongoing care needs.

Non-Pecuniary Damages:
The court awarded $195,000 for Ms. Voong’s chronic pain, headaches, mental health deterioration, and loss of enjoyment of life.

Loss of Earning Capacity:

  • Past: The court awarded $80,000 for the difference between Ms. Voong’s actual earnings and her hypothetical full-time earnings.
  • Future: Assessed at $300,000, reflecting a reduction in work capacity to three days per week due to ongoing pain and psychological impacts.

Loss of Household Capacity:
Ms. Voong received $18,000 for the loss of her ability to perform household tasks, requiring assistance from family.

Cost of Future Care:
The court awarded $318,425 for ongoing medical treatments, physical conditioning, counselling, and necessary assistive devices.

Total Award:
The total amount awarded in favor of the plaintiff, including special damages, was $917,969.18. The court indicated that the plaintiff is entitled to her costs at scale B unless the parties submit otherwise.

Supreme Court of British Columbia
M211338
Personal injury law
$ 917,969
Plaintiff