What Do the Smallest Personal Injury Awards Look like?

June 7, 2023 -
John McMullin, Juris Doctor, Associate Lawyer, LETOURNEAU LLP

We’ve reviewed previously in our blog how catastrophic personal injury awards can be incredibly large. Fortunately, those circumstances are rare. Today we’re looking at the other end of the spectrum: what is about the smallest amount that can be awarded in a personal injury case?

In Couch v Olatiregun, 2023 ABKB 104, Mr. Terence Couch was struck from behind by Mr. Gabriel Olatiregun after Mr. Couch stopped at a yellow turn arrow. Mr. Couch hit his head, claiming whiplash and two injured ribs.

The Court found that Mr. Couch had intermittent pain for approximately a year after the accident. There were significant medical records before the Court, but the only person who testified was Mr. Couch.

The medical records included those of Dr. Woo, a chiropractor, who diagnosed Mr. Couch as having a whiplash associated disorder level II (WAD 2). Dr. Woo indicated that approximately four months after the Accident, Mr. Couch had no restrictions on his activity. Mr. Couch had a pre-accident history of occasional acupuncture and chiropractic treatment for tightness and pain.

The Court found that the Minor Injury Regulation, which caps awards for pain and suffering at a certain amount, applied to the case. Mr. Couch had recovered, the accident did not impair “essential work tasks, essential facets of training or education, or normal activities of [Mr. Couch’s] daily living,” and there was no chronic pain. Mr. Couch had minor inconvenience with his household chores and walking his dogs, which were not sufficient to constitute interference with Mr. Couch’s regular life.

Mr. Couch was awarded $3,000.00 for pain and suffering, $1,672.00 for mileage, and $50.00 for painkillers.

This case is a cautionary tale about 1) the importance of involving an appropriate treatment team, and 2) the need to call appropriate lay witnesses.

We can be fairly confident Mr. Couch expected a larger judgment; very few people hire a lawyer and go through a one day trial after a car accident for less than $5,000.00. It’s likely that Mr. Couch did have some residual pain and limitations, as he testified, “this accident slowed me down.” Chronic pain, and permanent limitations, generally mean that an award is not capped.

However, Mr. Couch’s medical history was not sufficient to establish his pain and limitations. This is not unusual. Medical professionals write their records to assist their clients in recovering, not in building a personal injury case. In these cases, reports from professionals that specifically outline what limitations a victim is dealing with are incredibly important, because a normal review of the records may not disclose this information.

Likewise, it’s important to have medical professionals on your team that know how to treat a motor vehicle accident victim. Medical doctors, chiropractors, and physiotherapists are often not familiar with the importance of setting out the limitations and difficulties an accident victim experiences. It’s best to find treatment providers familiar with personal injury, or if that’s not possible, to educate your treatment providers.

Even without a clear discussion of Mr. Couch’s limitations in his medical records, having family members, friends, or the treatment providers themselves testify as to an accident victim’s limitations is another way to convince a judge that an injury is not minor. The gold standard for evidence is oral testimony, and if there had been more of it, Mr. Couch may have had more success.

At LETOURNEAU LLP, we always ensure our clients’ medical treatment is comprehensive and that their injuries are laid out reports and if necessary, testimony, from reputable medical professionals. Contact us today to discuss your motor vehicle accident and how we can help you maximize your recovery.

If you have been in an accident, it's a great idea to speak to a personal injury lawyer about your rights and responsibilities. Contact LETOURNEAU LLP at 403-329-4311 to set up a free consultation for any accident-related injury.

Learn more about John McMullin, our Lethbridge Personal Injury Lawyer.

Learn more about Personal Injury Law.

This article is for information purposes only and does not constitute legal advice