A driver hurt in a September 2016 crash claimed $165,000 for chronic back pain from an L4-5 disc injury; the court awarded $67,500 and cut his treatment expenses by 25% for failure to mitigate. A driver in two crashes with neck, arm, shoulder and back pain received $90,000 for pain and suffering and $173,725.82 in total.
Facts that decide a back & spine claim in British Columbia
Failure to mitigate
Damages can be reduced when you do not follow reasonable treatment; the court cut Grewal’s special damages by 25%.Grewal v. Saggu, 2025 BCSC 755
The range argued
Grewal asked for $165,000 and the defence offered $50,000 to $60,000; the court settled on $67,500.Grewal v. Saggu, 2025 BCSC 755
Hardeep Grewal was injured in a crash on September 20, 2016; liability was admitted. He said it caused chronic back pain, an L4-5 disc injury with radiculitis, depression and somatic symptom disorder, and sought $165,000 for pain and suffering. The defendants proposed $50,000 to $60,000. The court awarded $67,500, nothing for lost earnings, and $77,000 in total.
The plaintiff was the driver in two accidents; liability for the second was admitted on the first day of trial, while both liability and damages were contested for the first. She described injuries to her neck, left arm, left shoulder and back. The court awarded $90,000 for pain and suffering, $50,000 for lost future earning capacity and $173,725.82 in total.
★ BC · back & spine · in practice
What changes the number here.
What actually moves a back & spine settlement in British Columbia.
1
Follow your doctors’ treatment plans and keep the receipts.
2
See your family doctor soon after the crash; Grewal did not, and the court noticed.
3
If you have two crashes, sue on both so the court can assess the whole injury.
★ BC · statute of limitations
2 years from discoverability
Limitation Act, S.B.C. 2012, c. 13
★ BC · fault rule
Common-law contributory reduction
Contributory negligence reduction under the Negligence Act, R.S.B.C. 1996, c. 333.
★ BC · caps
What caps recovery.
Statutory caps that may bear on a back & spine settlement in British Columbia.
Andrews cap (non-pecuniary)
Non-pecuniary loss
about C$470,000 in 2025
Andrews trilogy
★ back & spine · same region & fault regime
Compare to like jurisdictions.
How British Columbia's fault rule and limitation period compare to jurisdictions in the same Canada region and to those running the same fault rule for back & spine claims.
Each answer is independently coherent and references the relevant statute or authority document.
How much is a back injury worth in BC?
In 2025 trials, $67,500 (Grewal) and $90,000 (Sangha) for pain and suffering.
Can my award be reduced if I skip treatment?
Yes; Grewal’s special damages were cut by 25%.
Do these rules apply to crashes after May 2021?
No; those fall under ICBC Enhanced Care, which bars most lawsuits.
What is the statute of limitations for back & spine claims in British Columbia?
2 years from discoverability. Source: Limitation Act, S.B.C. 2012, c. 13. Filing after the period expires generally bars the claim absent a tolling exception.
Figures on this page are not quotes for any specific case. For representation, consult a lawyer licensed in British Columbia. See /methodology, /sources, and /disclaimer.
