Based on the following sampling of case law, the range for general damages awarded for suffering from balance impairment as a result of an accident is between $11,810 – $175,603 [adjusted for 2023 inflation rates]. The general damage award amounts for each individual case below have not been adjusted for inflation. For your convenience, the Bank of Canada Inflation Calculator can be accessed here.
As described in our General Damages Guide, these awards are only for general damages which compensate you for your pain and suffering. There are other types of damages that you may be entitled to claim, such as lost income and medical care costs, depending on the circumstances of your case. To assess the total value of your injury claim, try our Injury Claim Calculator or book a free consultation.
The case law
- The 45-year-old plaintiff suffered a mild traumatic brain injury and soft tissue injuries in a motor vehicle accident. As a result, he experienced post-concussion syndrome and an aggravation of pre-existing chronic pain. He had difficulty with speech, concentration, coordination, dizziness, and balance, as well as headaches and neck pain. He was unable to continue his work as a painter and was likely disabled from any future employment. Likewise, he received $100,000 in general damages.
- The 59-year-old plaintiff was injured in a rear-end motor vehicle collision. He suffered soft tissue injuries to his neck, chest, back, and shoulder, headaches, tinnitus, intermittent vertigo, hearing loss, and difficulties with balance, concentration, and memory. His dizziness and imbalance were deemed to be permanent. He received $140,000 in general damages.
- The plaintiff, a 53-year-old Costco employee, suffered minor injuries when her vehicle was struck from behind. Prior to the collision, she had developed severe agoraphobia and an eating disorder, rendering her housebound for over 7 years. Two days after the accident, she saw her physician complaining of pain in her neck, headaches, light-headedness, and dizziness. She returned to work, but a week later she complained of being severely dizzy and frightened. She did not return to work after that time. At her doctor’s suggestion she went to vestibular physiotherapy. While her soft tissue symptoms resolved, she complained of ongoing issues with balance and nausea that had a significant and ongoing impact on her life. She was awarded $90,000 in general damages.
- The plaintiff passenger suffered injuries as a result of a motor vehicle accident. She complained of dizziness and pain in her upper back. Her dizziness was a result of post-traumatic vestibular dysfunction that resolved within weeks of the accident. Her back pain persisted, which caused her to miss four months of work. She was back to full-time hours within six months of the accident. Her credibility was an issue at trial, and there were very few objective signs of injury. She was awarded $25,000 in general damages.
- The plaintiff suffered injuries as a result of a motor vehicle accident. She suffered a disabling vestibular injury, and complained of dizziness, headaches, sleep disturbance, driving limitations, and concern about her ability to do her job, with all of those problems continuing intermittently from the date of the accident to trial. There were significant credibility issues at trial. She had discontinued use of prescribed medication, discontinued vestibular exercises, and had also returned to some of her recreational athletic activities. A jury awarded her $9,000 in general damages.
- The 23-year-old plaintiff was injured when her vehicle was struck from behind. She suffered injuries to her neck, back and hip, and inner ear. She was left with chronic and permanent pain in her neck, back, shoulder, and hip. Furthermore, she suffered a permanent moderate loss of hearing and a permanent loss of balance due to the injury to her inner ear, both of which would have a serious effect on the plaintiff’s future life. As a result of her physical injuries, she developed a psychological injury consisting of a major depression and adjustment disorder. There was a significant possibility that her ability to find and maintain employment would be compromised. She was awarded $125,000 in general damages.
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