The accident impacted her life, work, and mental health
The BC Supreme Court awarded damages for the significant and long-term impacts on a plaintiff's life, work, and mental health resulting from injuries sustained in a 2016 car accident.
In Mac v Liao, 2024 BCSC 609, the court found that Cindy Mac’s injuries, incurred while she was a passenger in a vehicle driven by Ping Hun Liao, were substantial and had lasting effects.
In the accident, Liao’s vehicle rear-ended another car and was subsequently struck from behind by a vehicle driven by Chelsea Eileen Knowles. The defendants admitted liability, and the primary issues at trial were the extent of Mac's injuries and the quantification of damages.
Mac, 27 at the time of trial, testified that she experienced immediate pain following the accident, which intensified the next day. She initially sought treatment at a walk-in clinic and later began seeing her family doctor. Despite treatment, Mac's upper back and shoulder pain persisted, leading to ongoing physical discomfort and mental health challenges, including anxiety and depression.
Complicating the trial were two additional accidents involving Mac, one on December 31, 2020, and another on May 30, 2022. The latter accident, unknown to the defendants until revealed during Mac’s testimony, prompted an adjournment to allow further inquiries. The defendants argued that Mac’s quick recovery from the third accident suggested her initial injuries were not as severe as claimed. However, the ccourt did not find this argument persuasive.
The court's analysis focused on the causation of Mac’s injuries, her pre-accident health, and her career trajectory. Mac was preparing for a career in nursing at the time of the 2016 accident and had since experienced significant challenges in maintaining full-time work due to her injuries. Despite these challenges, she completed her nursing program and began working part-time in a physically demanding role as a bedside nurse.
The court considered extensive medical and expert testimony, including evidence from Dr. Zohar Waisman, an expert psychiatrist, and Dr. Gillian Simonett, an expert physiatrist. Both experts supported Mac's claims of ongoing pain and mental health issues directly resulting from the 2016 accident. Dr. Waisman diagnosed Mac with adjustment disorder with mixed depression and anxiety, and somatic symptom disorder with predominant pain. Dr. Simonett’s findings of myofascial pain were consistent with Mac’s reported symptoms.
Despite the defendants’ arguments that Mac’s injuries had resolved within four months of the accident, the Supreme Court found that her injuries were ongoing and significantly impacted her ability to work full-time as a nurse. The court recognized that Mac’s injuries led to a cycle of pain and mental health struggles, exacerbating her condition.
Ultimately, the court awarded Mac $140,000 in non-pecuniary damages for pain and suffering, $14,374 for past wage loss, and $300,000 for future loss of earning capacity. Additionally, the court awarded $51,620 for the cost of future care, which includes ongoing physiotherapy, counselling, and passive treatments like massage therapy and acupuncture. Mac was also awarded $3,248 in special damages for expenses already incurred. In total, the court awarded Mac $509,242 in damages, emphasizing the significant impact of the accident on her life and career.
