Settlement Savvy Test Two

Farshchian v. Spencer, 2002 BCSC 83

On June 1, 1999, the vehicle Farshchian was driving was struck heavily from the rear. Clearly, the other driver was at fault, and both vehicles suffered extensive damage.

At the time of the accident, Farshchian was a 27-year-old university graduate who was very active physically with a regular weight lifting program.

Immediately following the accident, Farshchian felt pain and discomfort in his neck and back which, by the next day, was dramatically worse. He saw his family doctor four days after the accident on June 4 at which time he was prescribed painkillers and referred to a physiotherapist for a regime of treatment. Farshchian started physiotherapy on June 30 and continued for several months.

Farshchian continued to experience symptoms of pain and stiffness in his neck when sitting at his office desk, as well as sharp pain in his back when he attempted to do physical activities, such as jogging or lifting objects. Six months after the accident, he thought he had recovered but, when he attempted to try more strenuous activity, the pain and discomfort continued.

Disagreements arose about treatment. Farshchian was unhappy with his family doctor's diagnosis:

"Low-grade whiplash injury involving cervical, thoracic and lumbar vertebrae with low back strain. X-rays showed no evidence of recent injury..."
So Farshchian attended a chiropractor and later, a back specialist, who was unable to make a final prognosis and wanted to observe Farshchian over the next three to four years. Farshchian changed doctors yet again.

The last doctor seen by Farshchian diagnosed him with the following:

"Moderate whiplash injury. In my opinion, he has not responded well to treatment so far because he has not had an intensive, organized program of physio and rehab. Mr. Farshchian feels he will always have this pain. He is frustrated that he has not been able to get help and that he had to pay for everything himself. The ICBC litigation has not helped him recover. In fact I believe it is one of the factors exacerbating his condition."
The trial was held Jan. 14, 2002, some two and a half years after the accident. At that time, Farshchian still claimed to be experiencing episodic pain in his lower back and that he remained unable to do certain activities without episodes of pain.

What did the judge give him as settlement?

$12,500?  $20,500?   $42,500?

Settlement Road Web Site ("SR") is operated and owned by the British Columbia law firm Macaulay McColl. By accessing SR, you are agreeing to be bound by this site's Terms of Use / Disclaimer. If you do not accept the Terms of Use and Disclaimer, do not use SR.

Settlement Road is an online legal service offered to car accident victims in BC by Vancouver Personal Injury Lawyer (s) working with the Vancouver law firm of Macaulay McColl. Settlement Road helps claimants negotiate fair insurance settlements for their ICBC claims.