A Vancouver woman who was left with debilitating chronic pain and neurological injuries after being struck by a car while crossing the street was recently awarded close to $1.5 million by the B.C. Supreme Court.
Annette Nolan was crossing the intersection of Harwood and Thurlow streets in Vancouver’s West End in 2020 when she was hit by a red Toyota driven by Pierre Kohl. While traffic had stopped at the intersection to allow Nolan to cross, Kohl’s car changed lanes to avoid the stopped traffic and continued through the intersection, striking Nolan as she crossed.
Chronic Pain and Neurological Injuries
Nolan’s physical injuries included whiplash, soft tissue damage, a black eye, a bruised and swollen left ankle, bruising to her right hip and lower right leg, scrapes and bruises to her left knee and lower leg, and bruising to her left elbow and lower arm. However, since the accident four years ago, Nolan has experienced severe chronic symptoms including headaches, pain, fatigue, insomnia, tinnitus, cognitive problems, forgetfulness, vestibular problems, irritability, emotional dysregulation, and various sensory intolerances, leading to depression and social isolation.
Supreme Court Justice Murray Blok noted in his decision that based on the pre-accident descriptions by witnesses, “Nolan appear[ed] to be a shell of the person she once was.” Justice Blok stated that it was clear from the evidence that Nolan had developed “significant psychological problems, which continue to severely impact all aspects of her life.”
Medical Testimonies in the Vancouver Personal Injury Lawsuit
Several doctors and medical professionals provided testimony as to the severity of Nolan’s injuries. Neurologist Dr. Donald Cameron diagnosed Nolan with post-traumatic brain injury syndrome following the mild traumatic brain injury she sustained at the time of the accident. Psychologist Dr. Izabela Schultz attributed Nolan’s post-accident struggles to the injuries sustained, while Psychiatrist Dr. Eugene Okorie disagreed, attributing her symptoms to Somatic Symptom Disorder and Persistent Depressive Disorder.
Justice Blok awarded Nolan a total of $1,468,051, including $1,030,000 for loss of future earning capacity. However, he made no determination for the cost of future care, instead instructing both parties to come to an agreement in accordance with the reasons set out in the decision.
Do you have questions about your personal injury case? Contact us today, and let our experts guide you through your legal journey.