September 8, 2010- In this unchallenged brain injury claim The 22 year old ICBC injury claimant suffered a brain injury 8 months before the car accident in which he claimed to have been injured. The first accident was clearly more severe than the second. But the trial judge accepted the evidence that the brain damage would not have occurred but for the second car accident. She accepted the evidence that the brain damage arising from the second collision was the cause of the injury claimant’s psycho-social injuries. ICBC intervened to represent the second driver and the driver failed to testify at the trial.
In the ICBC brain injury claim the trial judge concluded that the award for pain and suffering should be set at $125,000 on the basis that the Injury claimant’s enjoyment of life and his quality of life had been permanently and seriously altered. The claimant was awarded $500,000 for the cost of future care. He was also awarded $500,000 by the trial judge for the loss of his income earning capacity.
On appeal the Court of Appeal for British Columbia found that the second accident was more severe in its effects because of the seriousness of the first accident and the proximity of the second accident to the first. The ICBC Appeal was dismissed and the $1.125 million dollar trial award was upheld. Posted by Mr. Renn A. Holness