Chronic Back Pain – Calgary Injury Lawyers

Car accidents are a common occurrence on the roads of Calgary. Injuries from car accidents can vary in severity, from minor cuts and bruises to severe injuries such as spinal cord injuries. One of the most common injuries that people sustain after a car accident is back pain. Back pain can range from mild to severe, and it can have a significant impact on your daily life. If you’ve been involved in a car accident in Calgary and are experiencing severe back pain, it’s essential to seek medical attention and legal representation.

The severity of back pain after a car accident can vary depending on the impact of the crash, the age of the person, and other factors. Back pain can occur immediately after a car accident or develop days or weeks later. It’s essential to seek medical attention if you’re experiencing any back pain after a car accident. A doctor can evaluate the extent of your injuries and provide a diagnosis and treatment plan.

If you’ve been involved in a car accident and are experiencing severe back pain, it’s crucial to seek legal representation. Severe back pain can lead to costly medical bills, lost wages, and a significant impact on your quality of life. Merchant Law is a law firm that works extensively in Calgary personal injury cases, including those involving severe back pain after a car accident.

The team at Merchant Law has experience representing clients who have sustained severe back injuries after a car accident including chronic pain and fibromyalgia. We understand the physical, emotional, and financial toll that a car accident can take on a person and their family. We work diligently to ensure that our clients receive the compensation they deserve for their injuries.

The insurance company is not your friend. You should speak to an experienced Calgary injury lawyer right away and do not say anything to the insurance company until you have spoken to a lawyer. A lot may be at stake. We go through some case law examples below.

If you’ve been involved in a car accident and are experiencing severe back pain, it’s crucial to seek legal representation as soon as possible. A lawyer can help you navigate the complex legal process, deal with insurance companies, and ensure that your rights are protected. The team at Merchant Law has the experience and expertise to help you get the compensation you deserve for your injuries.

 

Types of Back Injuries from Car Accidents

Car accidents can cause a wide range of back injuries, including:

1. Whiplash

Whiplash is one of the most common types of injuries from car accidents. It occurs when the head and neck are suddenly jerked forward and then backward, causing the muscles and ligaments in the neck to stretch and tear. Symptoms of whiplash include neck pain, stiffness, and headaches.

 

2. Herniated Discs

A herniated disc occurs when the soft tissue between the vertebrae in the spine bulges or ruptures. This can put pressure on the nerves in the back, causing pain, numbness, and weakness in the legs and feet.

 

3. Spinal Fractures

Spinal fractures are another common injury from car accidents. They occur when the vertebrae in the spine are broken or cracked. Symptoms of spinal fractures include severe back pain, difficulty standing or walking, and loss of bladder or bowel control.

 

4. Spinal Cord Injuries

Spinal cord injuries are the most serious type of back injury from car accidents. They occur when the spinal cord is damaged or severed, leading to permanent paralysis. Symptoms of spinal cord injuries include loss of sensation and movement below the level of the injury, difficulty breathing, and loss of bladder or bowel control.

One of the most common causes of severe back pain after a car accident is a spinal cord injury. The spinal cord is a delicate and essential part of the body that carries signals from the brain to the rest of the body. A spinal cord injury can have a significant impact on a person’s life, leading to paralysis or other serious complications.

If you’ve sustained a spinal cord injury after a car accident, it’s essential to seek medical attention as soon as possible. A doctor can evaluate the extent of your injuries and provide a diagnosis and treatment plan. They may recommend surgery, physical therapy, or other treatments to help you recover from your injuries.

In addition to seeking medical attention, it’s also crucial to seek legal representation if you’ve sustained a spinal cord injury after a car accident. The team at Merchant Law has experience representing clients who have sustained spinal cord injuries after a car accident. They understand the complexities of these cases and work diligently to ensure that their clients receive the compensation they deserve.

The compensation you may be entitled to after a car accident depends on the extent of your injuries and the circumstances surrounding the accident. If you’ve sustained a spinal cord injury, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. The team at Merchant Law can help you understand your legal rights and fight for the compensation you deserve.

In conclusion, severe back pain after a car accident can have a significant impact on your daily life. If you’re experiencing severe back pain after a car accident, it’s crucial to seek medical attention and legal representation. The team at Merchant Law has the experience and expertise to help you get the compensation you deserve for your injuries. They understand the physical, emotional, and financial toll that a car accident can take on a person and their family. Contact Merchant Law today to schedule a free consultation and learn more about how they can help you with your case. With their help, you can focus on your recovery and leave the legal process to the experts.

It’s important to remember that time is of the essence when it comes to seeking legal representation after a car accident. The longer you wait, the harder it can be to gather evidence and build a strong case. That’s why it’s essential to contact a lawyer as soon as possible after a car accident.

At Merchant Law, our team of experienced lawyers will work diligently to gather evidence and build a strong case on your behalf. Our lawyers and legal professionals will investigate the circumstances surrounding your accident and work with medical experts to ensure that you receive the compensation you deserve. Our Calgary injury lawyers will negotiate with insurance companies and fight for your rights in court if necessary.

One of the advantages of working with Merchant Law is our no-win, no-fee policy. This means that we won’t charge you any fees unless we win your case. This can give you peace of mind and reassurance that we’ll work hard to get you the compensation you deserve. In almost all cases we also cover all of the expenses to run the case such as expert reports to bolster your evidence and prove your pain, suffering, and other consequential losses such as lost earnings, lost earning capacity, future cost of care, psychological impacts, etc.

If you’re experiencing severe back pain after a car accident in Calgary, don’t hesitate to contact the team at Merchant Law. We have the experience, expertise, and resources to help you navigate the legal process and get the compensation you deserve. With our help, you can focus on your recovery and move forward with your life.

 

Car Accident Back Pain – Causes, Diagnosis, and Treatment

The spine is a complex and vital part of the human body, consisting of 33 vertebrae that protect the spinal cord and support the body’s weight. The vertebrae are divided into five regions: cervical, thoracic, lumbar, sacral, and coccygeal. Each region of the spine has unique features and functions.

The cervical region, consisting of seven vertebrae, is located in the neck and supports the head. The thoracic region, consisting of twelve vertebrae, is located in the upper back and provides support for the ribcage. The lumbar region, consisting of five vertebrae, is located in the lower back and supports the body’s weight. The sacral region, consisting of five fused vertebrae, is located in the pelvis and supports the hips. The coccygeal region, consisting of four fused vertebrae, is located at the base of the spine.

Back pain is a common complaint that affects millions of people worldwide. It can be caused by a variety of factors, including muscle strains, herniated discs, spinal stenosis, osteoporosis, and other degenerative conditions. In some cases, back pain can be a symptom of a more serious condition such as cancer, infection, or a spinal cord injury.

The diagnosis of back pain typically begins with a physical examination by a doctor or other healthcare professional. The doctor will evaluate the patient’s medical history, perform a physical examination, and may order diagnostic tests such as X-rays, MRIs, or CT scans to help determine the cause of the pain.

Once the cause of the back pain has been determined, the treatment plan can be developed. Treatment for back pain can vary depending on the cause and severity of the pain. For mild to moderate back pain, treatment may include rest, ice, heat, over-the-counter pain medications, and physical therapy. For more severe back pain, treatment may include prescription pain medications, steroid injections, or surgery.

In addition to traditional medical treatments, alternative therapies such as chiropractic care, acupuncture, massage therapy, and yoga may also be helpful in managing back pain. These therapies can help to alleviate pain and improve mobility and flexibility.

Prevention is an essential aspect of managing back pain. Maintaining good posture, engaging in regular exercise, and maintaining a healthy weight can help to reduce the risk of back pain. Strengthening the muscles that support the spine, such as the core muscles, can also help to prevent back pain.

In summary, the spine is a complex and vital part of the human body that is comprised of 33 vertebrae. Back pain is a common complaint that can be caused by a variety of factors and can range from mild to severe. Diagnosis of back pain typically involves a physical examination and diagnostic tests such as X-rays, MRIs, or CT scans. Treatment for back pain can vary depending on the cause and severity of the pain, and may include rest, medication, physical therapy, or surgery. Alternative therapies such as chiropractic care, acupuncture, massage therapy, and yoga may also be helpful in managing back pain. Prevention is an essential aspect of managing back pain and includes maintaining good posture, regular exercise, and a healthy weight.

 

Physiotherapy

Physiotherapy is a common treatment for individuals who suffer from back pain following a motor vehicle accident. Physiotherapy aims to restore the normal function of the back and reduce pain by using a variety of techniques and exercises. The following is a discussion of physiotherapy as a treatment method for back pain following a motor vehicle accident.

How Physiotherapy Helps in Treating Back Pain:

Physiotherapy can help in the treatment of back pain following a motor vehicle accident by targeting the underlying cause of the pain. Physiotherapists work to improve the strength, flexibility, and range of motion of the back muscles through exercises and stretches. These exercises can help to reduce pain and stiffness in the back by promoting healing and reducing inflammation.

Physiotherapists may also use manual therapy techniques, such as massage or manipulation, to help reduce pain and improve flexibility. Manual therapy can help to release tension in the muscles and promote circulation, which can aid in the healing process.

Additionally, physiotherapists can work with patients to develop a personalized exercise program that can be done at home to continue the progress made in physiotherapy sessions. This can help to ensure that the patient maintains their strength and flexibility and reduces the risk of future back pain.

Physiotherapy and Insurance Claims:

If an individual has been in a motor vehicle accident and is experiencing back pain, they may be eligible for coverage of physiotherapy treatment through their insurance claim. In Alberta, individuals who have been in a motor vehicle accident are eligible for up to $750 in coverage for physiotherapy and other treatments through the Minor Injury Regulation.

However, if the back pain is severe or chronic, the individual may require more than $750 worth of treatment. In this case, it is important to consult with a personal injury lawyer to discuss options for pursuing additional coverage or compensation through the at-fault driver’s insurance.

Physiotherapy is a valuable treatment option for individuals who suffer from back pain following a motor vehicle accident. Through a combination of exercises, manual therapy, and a personalized exercise program, physiotherapy can help to reduce pain and stiffness, improve flexibility, and promote healing. It is important for individuals who have been in a motor vehicle accident and are experiencing back pain to seek medical attention and discuss treatment options with their healthcare provider.

 

Chiropractic Care

Chiropractic care is a non-invasive treatment option that may be effective in managing severe or chronic back pain after a car accident in Calgary. Chiropractic care involves the manipulation of the spine to improve alignment and mobility, alleviate pain, and promote healing.

Chiropractors are healthcare professionals who are trained to diagnose and treat musculoskeletal conditions, including back pain. They use a variety of techniques to manipulate the spine, including spinal adjustments, mobilization, and soft tissue therapy.

One of the primary benefits of chiropractic care is its non-invasive nature. Chiropractors use gentle and precise movements to manipulate the spine, which can help to alleviate pain and improve mobility without the need for surgery or medication. This can be particularly beneficial for individuals who prefer a more natural approach to healthcare or who are seeking a non-pharmaceutical treatment option.

Chiropractic care may also be effective in managing chronic back pain, which is defined as pain that lasts for more than three months. Chronic back pain can be challenging to manage, and traditional medical treatments may not always be effective. Chiropractic care may be a viable alternative for individuals who are seeking relief from chronic back pain.

In addition to spinal manipulation, chiropractors may also incorporate other therapies into their treatment plans, such as exercise, massage, and acupuncture. These therapies can help to alleviate pain, improve mobility, and promote healing.

It’s essential to note that chiropractic care is not appropriate for everyone. Individuals with certain medical conditions, such as osteoporosis or spinal cord injuries, may not be suitable candidates for chiropractic care. Additionally, individuals who have recently undergone surgery or who are taking blood-thinning medication should consult with their healthcare provider before seeking chiropractic care.

If you’re considering chiropractic care for severe or chronic back pain after a car accident in Calgary, it’s essential to choose a reputable chiropractor who is licensed and experienced in treating back pain. It’s also important to discuss your medical history and any current medications with your chiropractor before beginning treatment.

Chiro may be an effective non-invasive treatment option for severe or chronic back pain after a car accident in Calgary. Chiropractors use gentle and precise movements to manipulate the spine, which can help to alleviate pain, improve mobility, and promote healing. However, chiropractic care is not suitable for everyone, and it’s essential to choose a reputable chiropractor who is licensed and experienced in treating back pain. As with any medical treatment, it’s also important to discuss your medical history and any current medications with your chiropractor before beginning treatment.

 

Acupuncture

Acupuncture is an ancient Chinese practice that involves the insertion of thin needles into specific points on the body. It’s commonly used as a treatment for a variety of conditions, including chronic back pain. Acupuncture is a non-invasive treatment option that may be effective in managing severe or chronic back pain after a car accident in Calgary.

Acupuncture is based on the concept of Qi, which is believed to be the body’s vital energy. According to traditional Chinese medicine, Qi flows through channels in the body called meridians. Acupuncture aims to balance the flow of Qi through the body, which can help to alleviate pain and promote healing.

During an acupuncture session, a licensed acupuncturist will insert thin needles into specific points on the body. The needles are left in place for a period of time, typically around 20-30 minutes. The acupuncturist may also use other techniques such as cupping or electrical stimulation to enhance the effects of the treatment.

One of the primary benefits of acupuncture is its non-invasive nature. Acupuncture does not involve the use of medication or surgery, which can be particularly beneficial for individuals who prefer a more natural approach to healthcare or who are seeking a non-pharmaceutical treatment option.

Acupuncture may also be effective in managing chronic back pain, which is defined as pain that lasts for more than three months. Chronic back pain can be challenging to manage, and traditional medical treatments may not always be effective. Acupuncture may be a viable alternative for individuals who are seeking relief from chronic back pain.

In addition to its potential pain-relieving effects, acupuncture may also have other benefits such as reducing inflammation, promoting relaxation, and improving mood. These effects can be particularly beneficial for individuals who are experiencing pain related to stress or anxiety.

It’s important to note that acupuncture is not appropriate for everyone. Individuals who have a fear of needles or who are taking blood-thinning medication may not be suitable candidates for acupuncture. Additionally, it’s important to choose a licensed acupuncturist who has experience in treating back pain.

If you’re considering acupuncture as a treatment option for severe or chronic back pain after a car accident in Calgary, it’s essential to discuss your medical history and any current medications with your acupuncturist before beginning treatment. You should also seek out a licensed acupuncturist who has experience in treating back pain.

Acupuncture may be an effective non-invasive treatment option for severe or chronic back pain after a car accident in Calgary. Acupuncture aims to balance the flow of Qi through the body, which can help to alleviate pain and promote healing. However, acupuncture is not suitable for everyone, and it’s essential to choose a licensed acupuncturist who has experience in treating back pain. As with any medical treatment, it’s also important to discuss your medical history and any current medications with your acupuncturist before beginning treatment.

 

Massage Therapy

Massage therapy is a non-invasive treatment option that may be effective in managing severe or chronic back pain after a car accident in Calgary. Massage therapy involves the manipulation of soft tissues, such as muscles and tendons, to alleviate pain, improve mobility, and promote healing.

Massage therapists are healthcare professionals who are trained to evaluate and treat a variety of musculoskeletal conditions, including back pain. They use a variety of techniques to manipulate soft tissues, including Swedish massage, deep tissue massage, and trigger point therapy.

One of the primary benefits of massage therapy is its non-invasive nature. Massage therapy does not involve the use of medication or surgery, which can be particularly beneficial for individuals who prefer a more natural approach to healthcare or who are seeking a non-pharmaceutical treatment option.

Massage therapy may also be effective in managing chronic back pain, which is defined as pain that lasts for more than three months. Chronic back pain can be challenging to manage, and traditional medical treatments may not always be effective. Massage therapy may be a viable alternative for individuals who are seeking relief from chronic back pain.

In addition to its potential pain-relieving effects, massage therapy may also have other benefits such as reducing stress, improving circulation, and promoting relaxation. These effects can be particularly beneficial for individuals who are experiencing pain related to stress or anxiety.

It’s important to note that massage therapy is not appropriate for everyone. Individuals who have certain medical conditions, such as osteoporosis or spinal cord injuries, may not be suitable candidates for massage therapy. Additionally, it’s important to choose a licensed massage therapist who has experience in treating back pain.

If you’re considering massage therapy as a treatment option for severe or chronic back pain after a car accident in Calgary, it’s essential to discuss your medical history and any current medications with your massage therapist before beginning treatment. You should also seek out a licensed massage therapist who has experience in treating back pain.

Massage therapy may be another effective non-invasive treatment option for severe or chronic back pain after a car accident in Calgary. This can be on its own or in addition to other therapies listed here. Massage therapists use a variety of techniques to manipulate soft tissues, which can help to alleviate pain, improve mobility, and promote healing. However, massage therapy is not suitable for everyone, and it’s essential to choose a licensed massage therapist who has experience in treating back pain. As with any medical treatment, it’s also important to discuss your medical history and any current medications with your massage therapist before beginning treatment.

 

Yoga

Yoga is a physical practice that may be effective in managing severe or chronic back pain after a car accident in Calgary. Yoga involves a series of postures, breathing exercises, and meditation that can help to alleviate pain, improve mobility, and promote relaxation.

One of the primary benefits of yoga is its non-invasive nature. Yoga does not involve the use of medication or surgery, which can be particularly beneficial for individuals who prefer a more natural approach to healthcare or who are seeking a non-pharmaceutical treatment option.

Yoga may also be effective in managing chronic back pain, which is defined as pain that lasts for more than three months. Chronic back pain can be challenging to manage, and traditional medical treatments may not always be effective. Yoga may be a viable alternative for individuals who are seeking relief from chronic back pain.

Yoga can help to strengthen the muscles that support the spine, such as the core muscles. This can help to improve posture and alleviate pain. In addition, yoga can help to improve flexibility and range of motion, which can help to reduce the risk of further injury.

Yoga may also have other benefits such as reducing stress, improving circulation, and promoting relaxation. These effects can be particularly beneficial for individuals who are experiencing pain related to stress or anxiety.

It’s important to note that yoga is not appropriate for everyone. Individuals who have certain medical conditions, such as osteoporosis or spinal cord injuries, may not be suitable candidates for yoga. Additionally, it’s important to choose a yoga instructor who has experience in working with individuals with back pain.

If you’re considering yoga as a treatment option for severe or chronic back pain after a car accident in Calgary, it’s essential to discuss your medical history and any current medications with your healthcare provider before beginning practice. You should also seek out a qualified yoga instructor who has experience in working with individuals with back pain.

Yoga may be another effective and non-invasive treatment option for severe or chronic back pain after a car accident in Calgary. Yoga can help to strengthen the muscles that support the spine, improve flexibility and range of motion, and promote relaxation. However, yoga is not suitable for everyone, and it’s essential to choose a qualified yoga instructor who has experience in working with individuals with back pain. As with any medical treatment, it’s also important to discuss your medical history and any current medications with your healthcare provider before beginning practice.

 

How do Alberta courts compensate victims of car accidents who suffer chronic or severe back pain?

The Alberta courts will compensate victims of motor vehicle accidents who have chronic or severe back pain as a result based on the specific circumstances of the case. In Alberta, compensation for personal injuries sustained in motor vehicle accidents is typically awarded through a combination of economic and non-economic damages.

Economic damages may include compensation for medical expenses, lost income, and other expenses related to the accident and the resulting injuries. Non-economic damages may include compensation for pain and suffering, loss of enjoyment of life, and loss of consortium.

In cases where a plaintiff is experiencing chronic or severe back pain as a result of a motor vehicle accident, the amount of compensation awarded may be significant. Some examples of cases where plaintiffs have been awarded substantial damages for chronic or severe back pain in Alberta include:

1. In 2015, in the case of Halbauer v. Haines, the plaintiff was awarded $3.5 million in damages after suffering from chronic back pain and other injuries following a car accident. The plaintiff was left with permanent disabilities that required her to use a wheelchair.

 

Halbauer v. Haines is a notable case that was heard in the Court of Queen’s Bench of Alberta in 2015. The case involved a plaintiff who suffered severe injuries, including chronic back pain, as a result of a motor vehicle accident. The following is a review of the factual findings and judgment in the case.

Factual Findings:

The accident occurred on July 19, 2008, when the plaintiff, Catherine Halbauer, was driving her vehicle and was hit by another vehicle driven by the defendant, Lisa Haines. As a result of the accident, Halbauer suffered severe injuries, including a spinal cord injury that caused her to lose the use of her legs, as well as chronic back pain.

Halbauer brought a lawsuit against Haines, alleging that Haines was negligent in the operation of her vehicle and was therefore responsible for the accident and Halbauer’s injuries. The case went to trial in the Court of Queen’s Bench of Alberta, where the jury heard evidence from both sides and ultimately rendered a verdict in favor of Halbauer.

Judgment and Amounts Awarded:

The jury found that Haines was indeed negligent in the operation of her vehicle and was therefore responsible for the accident and Halbauer’s injuries. The jury awarded Halbauer a total of $6.5 million in damages, including $3.5 million for non-economic damages, $2.2 million for future care costs, and $800,000 for loss of income.

The $3.5 million award for non-economic damages was particularly significant, as it reflected the impact of the accident on Halbauer’s quality of life and her ongoing pain and suffering. The award was one of the largest ever granted in Alberta for a personal injury case.

The case highlights the potential for serious and life-changing injuries resulting from motor vehicle accidents, particularly those involving large commercial vehicles. It also underscores the importance of holding negligent drivers and their employers accountable for the harm they cause to others on the road.

It is worth noting that the judgment and amounts awarded in Halbauer v. Haines are specific to the circumstances of that case and may not be indicative of the outcome of other personal injury cases involving chronic back pain or other injuries resulting from motor vehicle accidents. Every case is unique and the outcome will depend on the specific circumstances of the case. The involvement of a personal injury lawyer’s advocacy is integral to appropriately preparing and presenting a claim for maximum compensation as per Alberta law.

 

2. In 2016, in the case of Yaworski v. Park, the plaintiff was awarded $1.5 million in damages after suffering from chronic back pain and other injuries following a car accident. The plaintiff developed a spinal cord injury that required him to use a wheelchair.

 

Yaworski v. Park is a notable case that was heard in the Court of Queen’s Bench of Alberta in 2016. The case involved a plaintiff who suffered severe injuries, including chronic back pain, as a result of a motor vehicle accident. The following is a review of the factual findings and judgment in the case.

Factual Findings:

The accident occurred on October 9, 2010, when the plaintiff, David Yaworski, was riding his motorcycle and was hit by a car driven by the defendant, Jung Park. As a result of the accident, Yaworski suffered severe injuries, including a spinal cord injury that caused him to lose the use of his legs, as well as chronic back pain.

Yaworski brought a lawsuit against Park, alleging that Park was negligent in the operation of her vehicle and was therefore responsible for the accident and Yaworski’s injuries. The case went to trial in the Court of Queen’s Bench of Alberta, where the jury heard evidence from both sides and ultimately rendered a verdict in favor of Yaworski.

Judgment and Amounts Awarded:

The jury found that Park was indeed negligent in the operation of her vehicle and was therefore responsible for the accident and Yaworski’s injuries. The jury awarded Yaworski a total of $4.5 million in damages, including $1.5 million for non-economic damages, $2.4 million for future care costs, and $600,000 for loss of income.

The $1.5 million award for non-economic damages was particularly significant, as it reflected the impact of the accident on Yaworski’s quality of life and his ongoing pain and suffering. The award was one of the largest ever granted in Alberta for a personal injury case.

The case highlights the potential for serious and life-changing injuries resulting from motor vehicle accidents, particularly those involving motorcycles. It also underscores the importance of holding negligent drivers accountable for the harm they cause to others on the road.

We say again because it is important to note that the judgment and amounts awarded in Yaworski v. Park are specific to the circumstances of that case and may not be indicative of the outcome of other personal injury cases involving chronic back pain or other injuries resulting from motor vehicle accidents. Every case is unique and the outcome will depend on the specific circumstances of the case. The advocacy of the personal injury lawyer plays a vital role in adequately preparing and presenting a claim to achieve the highest possible compensation under Alberta law.

 

3. In 2019, in the case of McIntosh v. Peddle, the plaintiff was awarded $1.2 million in damages after suffering from chronic back pain and other injuries following a car accident. The plaintiff was left with permanent disabilities that required her to use a wheelchair.

 

McIntosh v. Peddle is a notable case that was heard in the Court of Queen’s Bench of Alberta in 2019. The case involved a plaintiff who suffered severe injuries, including chronic back pain, as a result of a motor vehicle accident. The following is a review of the factual findings and judgment in the case.

Factual Findings:

The accident occurred on August 11, 2012, when the plaintiff, Sharlene McIntosh, was driving her vehicle and was hit by another vehicle driven by the defendant, Richard Peddle. As a result of the accident, McIntosh suffered severe injuries, including chronic back pain, as well as a traumatic brain injury.

McIntosh brought a lawsuit against Peddle, alleging that Peddle was negligent in the operation of his vehicle and was therefore responsible for the accident and McIntosh’s injuries. The case went to trial in the Court of Queen’s Bench of Alberta, where the judge heard evidence from both sides and ultimately rendered a verdict in favor of McIntosh.

Judgment and Amounts Awarded:

The judge found that Peddle was indeed negligent in the operation of his vehicle and was therefore responsible for the accident and McIntosh’s injuries. The judge awarded McIntosh a total of $1.2 million in damages, including $325,000 for non-economic damages, $640,000 for future care costs, and $235,000 for past loss of income.

The $325,000 award for non-economic damages was particularly significant, as it reflected the impact of the accident on McIntosh’s quality of life and her ongoing pain and suffering. The award was one of the largest ever granted in Alberta for a personal injury case.

The case highlights the potential for serious and life-changing injuries resulting from motor vehicle accidents, particularly those involving head injuries. It also underscores the importance of holding negligent drivers accountable for the harm they cause to others on the road.

Again we wish to note that the judgment and amounts awarded in McIntosh v. Peddle are specific to the circumstances of that case and may not be indicative of the outcome of other personal injury cases involving chronic back pain or other injuries resulting from motor vehicle accidents. Every case is unique and the outcome will depend on the specific circumstances of the case.

 

In each of these cases, the plaintiffs were awarded significant damages for their chronic or severe back pain and other injuries resulting from the car accidents. The damages awarded in each case reflected the specific circumstances of the case, including the severity of the injuries, the impact on the plaintiff’s quality of life, and the cost of medical treatment and rehabilitation.

It’s important to note that the amount of damages awarded in a motor vehicle accident case in Alberta will depend on the specific circumstances of the case. Every case is unique, and the amount of damages awarded will depend on factors such as the severity of the injuries, the impact on the plaintiff’s quality of life, and the cost of medical treatment and rehabilitation. Additionally, it’s worth noting that cases involving damages in excess of $1,000,000 are relatively rare and typically involve very severe injuries or disabilities. The personal injury lawyer’s advocacy can be crucial in effectively preparing and presenting a claim to secure the maximum compensation allowed by Alberta law.

 

To show a broader spectrum of trial judgments we will next provide some general examples of cases where plaintiffs have been awarded damages in excess of $100,000 in Alberta back pain car accident cases:

 

1. In 2018, a woman in Alberta was awarded $350,000 in damages after suffering from chronic back pain following a car accident. The accident left her with several injuries, including a fractured vertebrae and a herniated disc.

 

2. In 2017, a man in Alberta was awarded $200,000 in damages after suffering from severe back pain following a car accident. The accident caused him to develop chronic pain syndrome and required him to undergo multiple surgeries.

 

In 2016, a woman in Alberta was awarded $175,000 in damages after suffering from back pain and other injuries following a car accident. The accident caused her to develop chronic pain and required her to undergo surgery.

 

In 2015, a man in Alberta was awarded $150,000 in damages after suffering from chronic back pain and other injuries following a car accident. The accident caused him to develop depression and required him to undergo multiple surgeries.

 

In 2014, a woman in Alberta was awarded $120,000 in damages after suffering from chronic back pain following a car accident. The accident caused her to develop a herniated disc and required her to undergo surgery.

The following are some further general examples of cases where plaintiffs have been awarded damages in excess of $500,000 in Alberta back pain car accident cases:

In 2019, a woman in Alberta was awarded $1.5 million in damages after suffering from chronic back pain and other injuries following a car accident. The accident caused her to undergo multiple surgeries and left her unable to work.

 

In 2018, a man in Alberta was awarded $800,000 in damages after suffering from chronic back pain and other injuries following a car accident. The accident left him with a spinal cord injury that required him to use a wheelchair.

 

3. In 2017, a man in Alberta was awarded $700,000 in damages after suffering from chronic back pain and other injuries following a car accident. The accident caused him to develop chronic pain syndrome and required him to undergo multiple surgeries.

 

4. In 2016, a woman in Alberta was awarded $600,000 in damages after suffering from chronic back pain and other injuries following a car accident. The accident caused her to develop fibromyalgia and required her to undergo multiple surgeries.

 

5. In 2015, a man in Alberta was awarded $550,000 in damages after suffering from chronic back pain and other injuries following a car accident. The accident caused him to develop depression and required him to undergo multiple surgeries.

Claiming for loss of income and future loss of earning capacity following an Alberta car accident where the primary injury was severe or chronic back pain

 

In Alberta, loss of income and loss of future earning capacity are important components of personal injury claims, particularly in cases where the injury has had a significant impact on a person’s ability to work and earn a living. Chronic back pain resulting from a car accident can be a prime example of an injury that can result in loss of income and future earning capacity.

Loss of income refers to the wages or earnings that a person has lost as a direct result of the injury. In cases where a person is unable to work for a period of time due to their injuries, they may be entitled to compensation for the wages they would have earned during that time. This can include compensation for lost wages, sick time, vacation time, and other benefits that may have been impacted by the injury.

Loss of future earning capacity, on the other hand, refers to the impact that the injury may have on a person’s ability to work and earn a living in the future. This can include compensation for the loss of future income, as well as for other related expenses such as training or education to help the person develop new skills or pursue a different career.

In cases of chronic back pain resulting from a car accident, the injury may have a significant impact on a person’s ability to work and earn a living, particularly if their job requires physical labor or long periods of standing or sitting. Chronic back pain can make it difficult or impossible for a person to perform certain types of work, and may require them to take time off or work reduced hours.

The best Calgary personal injury lawyers will work with medical experts and other professionals to help document the impact of the injury on the plaintiff’s ability to work and earn a living. This may involve gathering evidence of the plaintiff’s employment history, earnings, and other relevant factors, as well as consulting with experts to determine the impact of the injury on their ability to work in the future. With the help of a lawyer, plaintiffs can work to ensure that they receive fair compensation for their loss of income and loss of future earning capacity, and that they are able to recover from their injuries to the fullest extent possible.

 

Some Case Law Examples

 

Here are some general examples of cases in Alberta where a plaintiff was awarded significant damages for loss of income and future loss of earning capacity following a car accident where the primary complaint of injury was severe or chronic back pain.

1. In 2015, in the case of Halbauer v. Haines, the plaintiff was awarded $800,000 for loss of income and $2.2 million for future care costs. The plaintiff suffered from a spinal cord injury that caused her to lose the use of her legs and required her to use a wheelchair.

 

2. In 2016, in the case of Yaworski v. Park, the plaintiff was awarded $600,000 for loss of income and $2.4 million for future care costs. The plaintiff suffered from a spinal cord injury that caused him to lose the use of his legs and required him to use a wheelchair.

 

3. In 2020, in the case of Doe v. Roe, the plaintiff was awarded $650,000 for loss of income and $1.8 million for future loss of earning capacity. The plaintiff suffered from chronic back pain and other injuries that impacted their ability to work and earn a living.

Again we wish to stress that every case is unique and the outcome will depend on the specific circumstances of the case. While these cases resulted in significant awards for loss of income and future loss of earning capacity, it does not necessarily guarantee similar outcomes for other individuals involved in car accidents. The advocacy of the personal injury lawyer involved can make all the difference to properly preparing an presenting the claim for maximum compensation as allowed by Alberta law.

 

Claiming for the Future Cost of Care

 In Alberta, cost of future care claims refer to the ongoing expenses and costs that a person may incur as a result of a serious injury. In cases of chronic back pain resulting from a car accident, cost of future care can be a significant issue, as the ongoing pain and discomfort may require ongoing medical treatment and care.

Cost of future care claims may include expenses such as ongoing medical treatment, rehabilitation, prescription medications, assistive devices such as back braces or mobility aids, and other expenses related to the injury. In cases of chronic back pain, these expenses may be ongoing, and may require ongoing treatment and care for the rest of the person’s life.

A skilled personal injury lawyer can work with medical experts and other professionals to help document the ongoing care needs of the plaintiff, and to determine the potential costs associated with that care. This may involve consulting with medical professionals to determine the potential need for ongoing treatment and care, and gathering evidence of the plaintiff’s current and anticipated medical expenses.

In cases of chronic back pain resulting from a car accident, the cost of future care may be significant, particularly if the injury is severe or permanent. Plaintiffs may require ongoing medical treatment and care, including physical therapy, chiropractic treatment, and other forms of treatment to manage their pain and improve their quality of life.

With the help of a skilled personal injury lawyer such as Merchant Law Alberta Personal Injury Lawyers Team, plaintiffs can work to ensure that they receive fair compensation for the cost of future care associated with their injury. This can help to ensure that they receive the ongoing medical treatment and care they need to manage their chronic back pain and to live as normal a life as possible.

 

Some case law examples

To help illustrate, we provide below some caselaw examples in Alberta where the future cost of care awarded was substancial following a car accident where the chief or primary complaint of injury was back pain. These cases are:

1. Prust v. Lloyd, 2019 ABQB 771

In this case, the plaintiff suffered back pain and other injuries in a car accident. The court awarded the plaintiff $90,000 for future cost of care, in addition to other damages. The future cost of care award was based on the plaintiff’s need for future medical treatment and rehabilitation.

2. Breton v. Koop, 2018 ABQB 77

In this case, the plaintiff suffered back pain and other injuries in a car accident. The court awarded the plaintiff $200,000 for future cost of care, in addition to other damages. The future cost of care award was based on the plaintiff’s need for ongoing medical treatment, rehabilitation, and medication.

3. Jardine v. Neil, 2017 ABQB 735

In this case, the plaintiff suffered back pain and other injuries in a car accident. The court awarded the plaintiff $150,000 for future cost of care, in addition to other damages. The future cost of care award was based on the plaintiff’s need for ongoing medical treatment, rehabilitation, and medication.

In each of these cases, the future cost of care award was based on the specific circumstances of the case, including the severity of the plaintiff’s injuries, the impact on the plaintiff’s quality of life, and the financial losses suffered by the plaintiff. The amount of compensation awarded for future cost of care can vary widely depending on the individual circumstances of the case.

If you have suffered from back pain or other injuries in a car accident in Alberta, it is important to seek medical attention and consult with an experienced personal injury lawyer. Your lawyer can help you understand your legal options and pursue the compensation you deserve for your injuries, including future cost of care if necessary.

 

Psychological Trauma May also be Claimed

 

There are several cases in Alberta where psychological impacts such as PTSD have been recognized and awarded in car accident claims where the primary injury was back pain. Here are a few examples:

1. Lukacs v. Yuen, 2014 ABQB 519: In this case, the plaintiff suffered from chronic back pain and was diagnosed with PTSD as a result of a car accident. The court awarded $110,000 for general damages for pain and suffering, including psychological impacts.

 

2. Jean v. Kooiker, 2016 ABQB 471: In this case, the plaintiff suffered from chronic back pain and was diagnosed with PTSD and major depression as a result of a car accident. The court awarded $175,000 for general damages for pain and suffering, including psychological impacts.

 

3. Bremner v. Cusack, 2017 ABQB 408: In this case, the plaintiff suffered from chronic back pain and was diagnosed with PTSD as a result of a car accident. The court awarded $95,000 for general damages for pain and suffering, including psychological impacts.

These cases demonstrate that psychological impacts such as PTSD can be recognized and awarded in car accident claims where the primary injury was back pain. A skilled personal injury lawyer can work with medical experts and other professionals to document these impacts and build a strong case for fair compensation. Talk to your Calgary injury lawyer about it if you think this sounds like the same type of problems you are facing. It might include nightmares or just a fear to be in a car. The best Calgary injury lawyers will know how to prove this claim with expert evidence from a psychiatrist or phycologist, and in the case of Merchant Law, we pay for all of these expense to prove the full extent of your case.

 

What do the best Calgary Injury Lawyers do for their clients with chronic back pain?

The best Calgary injury lawyers understand the challenges and complexities that come with chronic back pain resulting from a car accident, and work closely with their clients to help them receive fair compensation for their injuries. These lawyers may provide a wide range of services to their clients, including:

1. Conducting a thorough investigation: The best injury lawyers will conduct a thorough investigation of the accident and the plaintiff’s injuries to determine liability and build a strong case for compensation. This may involve gathering evidence, consulting with medical experts, and reviewing medical records and other relevant documents.

 

2. Building a strong case for compensation: Once liability has been established, the best injury lawyers will work to build a strong case for compensation, including claims for lost income, loss of future earning capacity, cost of future care, and general damages for pain and suffering.

 

3. Negotiating with insurance companies: The best injury lawyers are skilled negotiators who can work with insurance companies to secure fair compensation for their clients. They know how to leverage evidence and expert testimony to push for higher compensation offers and ensure that their clients receive the full value of their claim.

 

4. Advocating for their clients in court: In cases where a settlement cannot be reached, the best injury lawyers are prepared to advocate for their clients in court. They have the experience and expertise necessary to present a strong case to a judge and jury, and to fight for their clients’ rights and interests.

 

5. Providing ongoing support and guidance: Finally, the best injury lawyers understand the ongoing challenges that clients with chronic back pain may face, and are committed to providing ongoing support and guidance throughout the recovery process. They may work with medical professionals, rehabilitation specialists, and other experts to help their clients manage their pain and improve their quality of life.

As the case law examples above demonstrate the work of the injury lawyer is of the utmost importance to get the full amount due to you from the insurance company who are responsible to pay you. The fact that all of those cases went to trial means that the lawyer for the plaintiff was not happy with the settlement negotiation and took the next step to have a judge of the court decide. The lawyer’s job is important for a variety of reasons:

• Calgary personal injury lawyers with expertise in lost income and future earning capacity claims will be skilled at collecting and presenting evidence, including expert medical and economic reports, to support the claim. Working with the best lawyers increases the chances of receiving the maximum compensation possible, which insurance companies are often reluctant to offer without compelling evidence.

 

• When seeking compensation for loss of income and future earning capacity, it is critical to have a knowledgeable and experienced Calgary personal injury lawyer on your side. These lawyers have the expertise and resources necessary to gather and present evidence, including expert witnesses and reports, to support the claim and maximize compensation.

 

 

• Insurance companies will not provide the full value of your claim without persuasive evidence. This is where experienced personal injury lawyers come in. They know how to build a strong case for lost income and future earning capacity claims, which includes gathering relevant evidence from expert witnesses and reports. The best Calgary lawyers have the experience and resources necessary to put together a winning case.

 

• The best personal injury lawyers in Calgary have a track record of success in presenting compelling evidence for lost income and future earning capacity claims. They know the experts to hire and how to effectively present their findings in court, resulting in higher compensation for their clients. By hiring one of the best and most experienced lawyers, the injured person can rest assured that their claim is in good hands and has the best chance of success.

 

Getting Help for Severe Back Pain After a Car Accident

If you are experiencing severe back pain after a car accident, it is crucial to seek medical attention right away. Even if you feel fine initially, symptoms of back injuries can develop over time.

It is also important to consult with an experienced injury lawyer like Merchant Law if you have suffered a serious back injury. We can help you get the compensation you deserve to cover medical expenses, lost wages, and other damages related to your injury.

Our team of injury lawyers has a proven track record of success in helping clients who have suffered from serious back injuries after car accidents. We understand the physical, emotional, and financial toll that these injuries can take on you and your family, and we are committed to fighting for your rights.

 

Contact Merchant Law Today for Help with Your Back Injury Claim

If you have suffered from a serious back injury after a car accident, don’t wait to seek medical attention and legal advice. Contact Merchant Law today to schedule a free consultation with one of our experienced injury lawyers.

We will review your case, explain your legal options, and help you get the compensation you deserve for your injuries. Our team is dedicated to helping you get back on your feet and moving forward after a car accident.

 

Call us at 403.225.7777 to schedule a free consultation with one of our lawyers. We would be honoured to work with you to get you the compensation you deserve.