Serving All of British Columbia
infobc@preszlerlaw.com Call 1-888-404-5167

Preszler Injury Lawyers Win at Trial Again


The BC Supreme Court recently published reasons for their decision in Bucholtz v Zhang, 2020 BCSC 571. In Bucholtz, Preszler lawyer Seth Wheeldon obtained a $188,603 judgment in favour of the plaintiff. This is a strong result considering that the plaintiff worked through his pain and therefore had not suffered any wage loss. For background, the plaintiff was injured when the defendant rear-ended his vehicle in 2015. ICBC admitted the defendant’s liability for the accident and that the plaintiff was suffering from soft-tissue injuries. At trial, ICBC’s expert witness, Dr. Rickards, took the position that the plaintiff’s injuries would fully resolve in 12-18 months with a “moderate exercise program”.

Seth marshaled several experts who disputed Dr. Rickards’ characterization of the case. Dr. Hershler demonstrated objective evidence to the Court of the severity of the plaintiff’s soft tissue injuries and the unlikelihood that the plaintiff’s injuries would resolve on the foreseeable future. In addition, kinesiologist Ralph Kowalik demonstrated that the plaintiff was suffering from real limitations in his ability to work.

Madam Justice Horsman preferred the plaintiff’s view of the evidence, noting the superior experience of Dr. Hershler in the field of chronic pain treatment:

[50] I prefer the evidence of Dr. Hershler over that of Dr. Rickards given Dr. Hershler’s superior expertise in the treatment and management of chronic pain. Dr. Hershler is an expert in physical medicine and rehabilitation. He has extensive experience teaching and researching in the area of rehabilitative medicine, and 30 years of experience treating patients experiencing chronic pain in his private practice. Dr. Rickards, by contrast, is an orthopaedic surgeon, whose practice was limited to orthopaedic surgery until 2011. Dr. Rickards’ training in the area of chronic pain consists of a three-month course in pain management, which he completed in 2014. His clinical experience is limited to performing spinal interventions at the Langley Pain Clinic over a two-year period.

Call 1-844-373-8202 to speak with our British Columbia legal intake team for free Book Free Consultation

[51] Dr. Rickards acknowledged in cross-examination that the plaintiff’s pain symptoms could persist indefinitely, notwithstanding Dr. Rickards’ optimistic prognosis. Given Dr. Hershler’s greater expertise in the treatment of chronic pain, I prefer his evidence in assessing the likelihood that the plaintiff will in fact experience chronic pain beyond the recovery time predicted by Dr. Rickards.

In addition, Madam Justice Horsman dismissed ICBC’s argument that the plaintiff’s award should be discounted on account of some of his pre-accident injuries:

[54] In my view, the evidence does not support a reduction in damages to account for the plaintiff’s unrelated health conditions. Based on the evidence before me, I find that the plaintiff was able to manage his lower back pain prior to the Accident without serious impacts on his work and personal life, and that he would have continued to do so but for the Accident.

Ultimately, the Court recognized the severity of the plaintiff’s injuries and the substantial effect of those injuries on both his work and recreational activities. The plaintiff was awarded $85,000 for his pain and suffering, $80,000 in compensation for his lost ability to earn income, and $20,000 for his future medical treatment expenses.

This case illustrates the importance of hiring experienced and qualified experts to advance your personal injury claim.  Without having those experts available to counter ICBC’s arguments, the Court is not given the full picture of your medical condition and your award could be substantially reduced. For more information on how our personal injury lawyers can help contact our law firm today for a free consultation.

 

 

Connect With Our Legal Team



Schedule a call with our personal injury legal intake team. Our team is available 24/7 so call us now to book your call. Our scheduled intake allows you to tell us details about your accident and gives our legal team an opportunity to review your case and advise you on possible solutions and outcomes. The best part is, if you decide to hire us after this call - you don't pay anything unless we win. We can help clients regardless of where they reside in British Columbia so let us help you get started on your road to recovery.

 

1321 Blanshard Street
Suite 301,
Victoria, BC
V8W 0B6
Fax: 778-373-8213
Toll Free: 1-844-373-8202
4720 Kingsway
Suite 2600,
Burnaby, BC
V6E 3C9
Fax: 778-373-8213
Toll Free: 1-844-373-8202
5811 Cooney Road
Suite 305 South Tower,
Richmond, BC
V6X 3M1
Fax: 778-373-8213
Toll Free: 1-844-373-8202
7164 120th Street
Suite 202,
Surrey, BC
V3W 3M8
Fax: 778-373-8213
Toll Free: 1-844-373-8202
1631 Dickson Avenue
Suite 1100,
Kelowna, BC
V1Y 0B5
Fax: 778-373-8213
Toll Free: 1-844-373-8202
1075 West Georgia Street
Unit 825,
Vancouver, BC
V6E 3C9
Fax: 778-373-8213
Toll Free: 1-844-373-8202
*These are consultation offices that require a booked meeting in advance. Walk-ins are not allowed.

DISCLAIMER: Please be advised that the header image and other images throughout this website may include both lawyer and non-lawyer/paralegal employees of Preszler Injury Lawyers and unrelated third parties. Please note that the purpose of this disclaimer is to ensure that the usage of our spokesperson, John Fraser, or any other non-lawyer/paralegals in our legal marketing is not to be construed in any way as misleading to the public. Any questions regarding the usage of non-lawyers in our legal marketing or otherwise can be directed to management. Please also note that past results are not indicative of future results and that each case is unique and that case results listed on site are from experiences across Canada and are not specific to any province. Please be advised that some of the content on this website may be out of date. None of the content is intended to act as legal advice as each situation is independent and unique and requires individual legal advice from a licensed lawyer or paralegal. For legal advice on your individual situation – we can provide legal guidance after you have contacted our firm and we have established a lawyer-client relationship contractually. Please note that some of the content on this website may be out of date and no longer relevant after May 2021. For additional clarification on legal questions please contact our law firm and book a consultation with a member of our legal team.