Mild traumatic brain injury, MTBI, is often difficult to diagnose and as a result insurance companies like ICBC often refuse to pay proper compensation for this injury without judicial determination. In the following personal injury claim the Court acknowledges that patients who sustain complicated MTBIs generally exhibit long term or residual symptoms that often affect mood, memory and concentration. However, most patients who sustain an uncomplicated MTBI, such as a concussion, generally go on to experience a full recovery ( Mastromonaco v. ICBC et al ,2015 BCSC 228).
The car accident occurred when the claimant was preparing to cross the controlled intersection of 152ndStreet and 18th Avenue in Surrey, British Columbia. While standing on the sidewalk waiting for the pedestrian signal to change, two vehicles collided causing one to jump the curb striking the Claimant. ICBC admitted liability but disputed the severity of the pedestrian’s injuries.
The Claimant suffered soft tissue injuries which healed uneventfully within a reasonably short period of time and after suitable treatment by way of physiotherapy and exercise. Her most significant injury however was the MTBI.
The Court accepted that her injury has caused mild cognitive impairment in processing, which in turn has impacted memory, mood concentration and focus. The result was that the claimant experiences depression and social isolation.
The Claimant suggested compensation for pain, suffering , loss of amenities, and loss of enjoyment of life in the range of $150,000 to $200,000. The Judge awarded the claimant $160,000.
In the final result for the personal injury arising from the pedestrian accident the Claimant was awarded:
|Pain and Suffering||
|Past loss of income earning capacity||
|Future loss off earning capacity||
|Loss of future pension benefits||
|Cost of future care||
|Out of pocket expenses||
Understand more about Mild Traumatic Brain Injury by watching our short video featuring Neurosurgeon Dr. R.O. Holness:
Posted by Vancouver Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.