Preszler Injury Lawyers Once Again Victorious at Trial at Guan v Hayward
Preszler is proud to announce another fantastic trial win. The BC Supreme Court recently published reasons for their decision in Guan v Hayward, 2020 BCSC 552. In Guan, Preszler lawyer Josie Guglielmucci obtained a $124,744 award for the 25-year-old plaintiff who had been injured in a motor vehicle accident. This award is many times higher than ICBC’s proposed settlement figure.
In Guan, the plaintiff suffered injuries to his knee, neck, and back, in addition to anxiety, nightmares, and a loss of motivation caused by his physical injuries. While ICBC disputed the extent of the plaintiff’s symptoms, a substantial number of the plaintiff’s friends and family, as well as expert witnesses, corroborated the negative effects of the accident on the plaintiff’s life. Ultimately, the Court awarded the plaintiff $75,000 for his pain and suffering.
This case is also illustrative of the Court’s willingness to recognize that not all plaintiffs will deal with their injuries by taking substantial time off work. The plaintiff in this case is a hard-working and stoic man who worked through his pain, as Madam Justice Norell notes in her decision:
[65] I found Mr. Guan to be a sincere and frank witness. He did not exaggerate his injuries, and was quick to say that he had much improvement in his symptoms over time. However, he also states he continues to have intermittent back and neck pain, worse with certain activities, and I accept that evidence. I also accept his and his mother’s evidence that he is a quiet individual who chooses to try to cope with his injuries and do the best he can, rather than complain to others. … Mr. Guan continues to have some intermittent pain while maintaining full-time work. Mr. Guan is a fairly stoic individual, and should not be punished for his stoicism.
While there was no claim for past wage loss, the Court still recognized that the plaintiff’s ability to work in the future had been impacted by his injuries, awarding him $35,000 for his lost capacity to work in the future. This is another example of ICBC losing at trial after trying to force the plaintiff to accept a low-ball settlement offer that would not fairly compensate him for being the victim of a car accident. Preszler is pleased to fight for fairness against these unfair ICBC tactics.
