The Chetal v. Honig court decision was released by the British Columbia Supreme Court in New Westminster on September 28, 2007.

On August 23, 2004, Rakesh Chetal was a passenger in a car driven by his wife. While the car was stopped at a railway crossing for a passing train, it was violently struck from behind by a pickup truck. Mr. Chetal suffered injuries to the muscles surrounding the spine in the neck, the mid back, and lower back.

Prior to the accident Mr. Chetal was involved in sports including cricket, table tennis, golf, badminton, and pool. After the accident, he was no longer able to be involved in these activities. The accident also impacted his ability to care for his disabled elderly father who was suffering from Alzheimer’s disease.

Mr. Chetal hired a BC car accident lawyer and sued the driver of the pickup truck for the injuries he sustained.

At trial, Mr. Chetal’s family doctor Dr. Gill testified that Mr. Chetal suffered from muscle spasms in his neck and back on every visit. He testified that Mr. Chetal had not made significant improvement and that some permanent partial disability would most likely remain.. However, Dr. Gill did not believe that Mr. Chetal would be hindered significantly in performing his work duties as a salesperson at the Brick furniture store.

The court noted that prior to the accident Mr. Chetal suffered from pre-existing depression, diabetes, and back problems. However, the court was satisfied that Mr. Chetal’s condition worsened as a direct result of the accident and that the injuries suffered in the accident had a direct impact on his ability to earn the same level of income that he was earning prior to the accident.

The court awarded Mr. Chetal the following damages:

$40,000 – General damages for pain & suffering
$30,000 – Past Income Loss

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