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Road Trip Accident results in Fractured Ribs

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The Paschalidis v. Stutely decision was released by the Supreme Court of British Columbia in Vancouver on September 3, 2013.

On November 28, 2007, Ignatios Paschalidis, (then age 43), was on a road trip to Edmonton with two of his friends travelling just south of Lillooet, British Columbia. Mr. Paschalidis was in the front passenger seat wearing his seatbelt. Suddenly, the driver lost control of the vehicle due to ice and another vehicle smashed into the front passenger side.

Mr. Paschalidis was trapped in the vehicle with the front side passenger door glass broken. His whole right side was very sore, including his shoulder, rib, and leg and he had difficulty and pain breathing. After being taken to the hospital, it was determined that Mr. Paschalidis suffered rib fractures and injuries causing right lower neck pain extending over his right shoulder and down his right arm, right low back pain, and numbness in his left thigh.  He also began suffering headaches.

Mr. Paschalidis continued to suffer from pain and numbness and so he hired a BC personal injury lawyer and sought damages as well as compensation for past income loss, out of pocket expenses, and loss of future earning capacity and cost of future care.

At trial, the Defendants admitted liability for the accident, however, they claimed that the gravity of Mr. Paschalidis’ injury was not severe. They further argued that Mr. Paschalidis failed to mitigate the effects of the injures following the accident; a claim that was accepted by the court because medical evidence showed that Mr. Paschalidis did not follow medical advice to take medication and to lose weight.

The court found that Mr. Paschalidis has been in a previous accident in 1995 from which, his doctor’s records indicated complaints of low back pain, headache, dizziness, and numbness on his left anterior leg that would continue intermittently beyond 2001. Consequently, the court determined that Mr. Paschalidis was not in robust health prior to the accident of 2007. However, the court concluded that the accident caused an aggravation of a pre-existing back and neck pain condition, left thigh pain, as well as headaches, with the most significant aggravation being to the left thigh and to his headache condition, and less significant aggravation to his back and neck. Furthermore, the court admitted that the rib fractures and injury to his right shoulder was caused by the accident.

In assessing damages, the court took into account Mr. Paschalidis’ failure to mitigate his injuries. The court awarded Mr. Paschalidis the following damages:

  • $49,362- past loss of earning capacity
  • $33,000- future loss of earning capacity
  • $20,000- cost of future care
  • $70,000- non-pecuniary damages for pain and suffering
  • $5,004- special damages for out-of-pocket expenses and medical fees

 Have you or a loved on been injured in a car accident. Click here for a free researched referral to a personal injury lawyer with a track record of success. 


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