What Happened?
The plaintiff was involved in two motor vehicle accidents in 2016, only a few months apart. The Court found both other drivers were at fault. Following the collisions, the plaintiff developed ongoing pain that affected his ability to work, maintain his businesses, perform household tasks, and enjoy many of the activities he had previously loved.
What Is Somatic Symptom Disorder?
One of the most significant aspects of the case was the plaintiff’s diagnosis of Somatic Symptom Disorder (“SSD”).
SSD is a recognized medical condition where a person experiences genuine physical symptoms, often including chronic pain, that cause significant distress and interfere with daily life. The symptoms are real and can be disabling, even when medical testing does not fully explain their severity. The Court accepted expert evidence that the plaintiff met the diagnostic criteria for SSD and that the condition was caused by the accidents.
The Court’s Key Findings
The Court accepted that:
- The plaintiff suffered physical injuries in the collisions.
- He developed chronic pain and SSD as a result of the accidents.
- His injuries had a major impact on his ability to work and function.
- He remained disabled from the workforce.
- Ongoing psychological treatment and a structured recovery plan were appropriate.
Why This Case Matters
This decision reinforces several important principles in personal injury law:
Chronic pain is real
A person does not need to show a broken bone or visible injury to receive compensation. Chronic pain and psychological injuries can be compensable when supported by medical evidence.
Mental health injuries can follow physical accidents
The Court recognized that motor vehicle accidents can trigger conditions such as anxiety, depression, and SSD, even when the original physical injuries may have seemed relatively minor.
Credibility remains important
Judges closely examine medical records, witness testimony, surveillance evidence, and expert opinions. Claimants who exaggerate symptoms risk having portions of their evidence discounted.
The Result
The Court awarded damages including:
- $125,000 for pain and suffering
- $40,000 for diminished earning capacity
- $10,000 for loss of valuable services
- $18,612.71 for past care costs
- $7,500 for future care costs
The total award exceeded $201,000, plus prejudgment interest.
Takeaway
Stephen v. Baker is a reminder that the effects of a car accident are not always visible. Chronic pain and psychological conditions can dramatically affect a person’s quality of life, ability to work, and future plans. When supported by credible medical evidence, Nova Scotia courts will recognize and compensate those losses. If you continue to experience pain, anxiety, or reduced functioning after a motor vehicle accident, it is important to seek medical attention and legal advice to understand your rights and the compensation that may be available.
Injured in a Car Accident? We Can Help.
The personal injury team at MDW Law offers complimentary consultations to help you understand your rights and the options available to you. If you have questions about your claim or would like to discuss your situation, contact Alix Digout at alix@mdwlaw.ca.
There is no obligation, and speaking with a lawyer early can help you make informed decisions about your recovery and your claim.