Plaintiff Awarded $156,820 For Chronic Neck Pain – Szymanski V. Morin

Motor vehicle accident results in chronic pain and financial decision

The Plaintiff in this case was involved in a motor vehicle accident on December 7, 2004.  He was rear-ended by the Defendant.  Liability was not at issue in the proceedings.  The Plaintiff was still suffering neck pain at the time of the trial.  The judge described the Plaintiff’s neck pain as being chronic.

The Plaintiff made a claim for loss of housekeeping capacity.  This was denied by the court.  The judge found that the amount awarded for non-pecuniary damages reflected the change in the Plaintiff’s overall lifestyle, including his ability to perform household chores.

The Plaintiff was awarded $60,000 for loss of future earning capacity.  This was despite the fact that he was continuing to work installing hardwood floors at the time of the accident.

The Plaintiff’s overall award is set out as follows:

Non-pecuniary damages                              $75,000

Past income loss                                                  4,800

Loss of future earning capacity                    60,000

Cost of future care                                             16,274

Special damages                                                       746

             Total                                               156,820

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