- Date: December 22, 2004
- Victim’s age: 42
- Victim’s Sex: Female
- Occupation: N/A
- Place: Ontario
- Circumstances: swerving car
- Injuries sustained: pain in her knee and chest
- Settlement Amount: $230,000
The Car Accident
A 42-year-old woman was involved in a car accident while driving home from her job. On December 22nd, 2004, it was snowing when she saw a car from the oncoming lane start swerving as it headed straight for her. The front of her car collided with the side of the oncoming van. She recalls being thrown around in her car and hitting the driver’s door. She was brought to the hospital by ambulance immediately. The emergency was busy, the wait was long and sitting was causing her a lot of discomfort sitting so she had a friend take her home. She took some pain medication when she got home but she did not sleep very well.
The victim’s injuries
She went and saw her family doctor and told him of the pain in her knee and chest and he prescribed pain medication and physiotherapy. A week later at physio, she complained that her whole body was hurting with constant burning in her knees, and pain in her neck, left shoulder, and shoulder blades. She found it very difficult to lift her arms over her shoulder due to weakness. After several weeks she started to feel better however, the pain in her left shoulder continued to persist. A little over a year later her doctor ordered an x-ray and ultrasound which showed a tear of the tendon in her shoulder. He then referred her to see a surgeon and she underwent surgery for her shoulder about 2 years after the accident. The surgery was unsuccessful, and her pain persisted.
She worked two jobs prior to the accident. She worked at Atlas Hydraulic, and her job was to place pieces of hydraulic hoses together. Her second job was at Curves which was a gym and she worked as a fitness instructor. Following the accident, she took a few days off work but then tried to return. Upon her return to Atlas, she was put on modified duties and continued working there until her surgery in 2007. After her surgery, she stopped working at Atlas since her shoulder pain didn’t go away. She also returned to her job at Curves but received modifications to her work. Instead of working as a trainer she answered phones and dealt with contracts for clients. She returned to school after her surgery and obtained a certificate as a health office administrator. This allowed her to get a job that is less stressful on her shoulder.
Compensation for victim
The judge found the driver liable for the woman’s injuries. She was awarded $110,000 for general damages, $123,512 for future loss of income, and $6500 for past loss of income.