Many people have a misconception that if you already have pre-existing injuries, then you are not entitled to compensation should a motor vehicle accident cause pain to areas where you were already experiencing pain, however this is simply not the case. However, it must be remembered that the Defendant is not responsible for restoring the Plaintiff to a complete recovery, but rather only to the condition that the Plaintiff was in at the time of the car accident.
In Pichugina v. Matula, the Plaintiff was injured in a motor vehicle accident, and consequently brought an ICBC claim for damages for pain and suffering, loss of housekeeping capacity, loss of income, loss of future income, special damages (out of pocket expenses), and the cost of future care. Prior to the accident, the Plaintiff had issues with her neck, back, and shoulders. The Court found that the motor vehicle accident aggravated the Plaintiff’s pre-existing symptoms, and that the Plaintiff’s symptoms continued by the time of trial, which was nearly four years after the motor vehicle collision. Further, the Plaintiff’s symptoms were expected to continue. The Court awarded the Plaintiff $45,000.00 for non-pecuniary damages.
 On the totality of the evidence before me, I find that, as a result of the accident, the plaintiff sustained aggravation to her already symptomatic neck, right shoulder, and low back and sustained aggravation to her pre-existing headaches. In my opinion, there is no evidence to support a conclusion that the accident caused the minimal winging of the plaintiff’s right scapula. Although the plaintiff returned to work full-time by the end of two months following the accident, and experienced much improvement in her condition by the spring of 2011, she cannot take advantage of a flexible work schedule, and, while she remains physically active, some activities are no longer comfortable for her.
 According to Dr. Vorobeychik, the plaintiff’s symptoms have improved, but she still experiences migraine headaches and problems with her right shoulder, neck, and back when she is active or upon exertion. The overall medical evidence, and that of the plaintiff, is that there has been gradual improvement in her condition post-accident, and she appears to be handling her headaches better. According to Dr. Robinson, the plaintiff will probably continue to have gradual improvement over the next three to five years, but she remains at risk for persisting neck and right shoulder pain, which would act as an aggravator to her migraine predisposition.