http://www.courts.gov.bc.ca/jdb-txt/sc/18/05/2018BCSC0531.htm
The plaintiff suffered a traumatic brain injury (also referred to as a concussion in this case) after being injured in a motor vehicle collision with a bus. At issue was whether the plaintiff had suffered a loss of consciousness. There were conflicting statements in the clinical notes and other statements made by the plaintiff from around the time of the collision – including those given to ICBC. The judge ultimately decided that the plaintiff had indeed suffered a loss of consciousness and that a loss of consciousness was not necessary to prove that a mild traumatic brain injury had occurred. Medical experts had stated ” that a traumatically induced psychological disruption of brain function (a traumatic brain injury) can be manifested by “at least one” of any period of loss of consciousness, of loss of memory for events immediately before or after the Collision, and of alteration in mental state at the time of the Collision.“
The plaintiff was awarded $766,203.00 to compensate him for costs associated with future care related to his ongoing neurodegenerative deterioration and early dementia. The plaintiff in this case had no prior neurological or dementia issues, yet was continuing to see decreased cognitive ability following the collision. The courts ruled that this deterioration was likely to proceed, and the plaintiff’s cost of care costs would grow as this deterioration continued.
This case illustrates the importance of hiring effective counsel, and how personal injury awards rely on findings of fact by a judge. Small changes in these findings of facts can result in massive swings in an award. For example, if the judge had found the plaintiff’s cognitive injuries were likely to have stabilized, the award of damages to the plaintiff would have likely have been much smaller.
