In Hubbs v. Escueta, the Plaintiff was involved in a motorcycle accident, and brought an ICBC claim for several heads of damages, including pain and suffering, income loss, diminished earning capacity, and cost of future care. Although ICBC’S lawyer disputed liability, the Defendant was found fully liable for the accident. The Plaintiff suffered a bimalleolar ankle fracture, and required surgery. By the time of trial, over three years after the accident, the Plaintiff continued to suffer symptoms. Based on the medical evidence, the Court determined that the Plaintiff was expected to have permanent restrictions, and was also exposed to a risk of early degenerative changes.
 This case highlights the importance of the individual circumstances. The injury suffered by Mr. Hubbs is serious. While the consequences for someone of more sedentary occupation and lifestyle might not have been so significant, for Mr. Hubbs the injury has proven to be life changing. He is a relatively young man who now faces a lifetime of limitation and disability. Mr. Hubbs’ livelihood requires strength, agility and balance, all of which have been impaired by the injury. The injury has impaired his ability to earn his living. He has worked through the pain, but at a terrible cost to his family life. He is no longer able to enjoy the active lifestyle he loved. His mood is depressed and he has little energy for anything except the struggle to put in a day at work. His relations with his wife and children have been damaged. It appears that he has reached a plateau in his recovery and faces a future of increased deterioration and vulnerability to injury.