Brain Injury Award Reduced due to prior Cocaine Addiction

In a stunning personal injury decision the Supreme Court has reduced a damage award for a brain injured 27 year old claimant. The court has taken judicial notice that cocaine is highly addictive, with heavy users facing a significant long-term and possibly life-long risk of relapse.(Kirilenko v. Bowie,2017 BCSC 2048) There was no real issue that…

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First Steps to Brain Injury Recovery Following a Car Accident

Brain injury following a car accident needs to be documented and treated for the greatest chance of a person being put back in the position they were in before the injury. Here are three important steps to take if you have suffered a brain injury in a car accident: Brain Injury Management Plan In the First…

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$160,000 Pain and Suffering for Mild Complicated Brain Injury

  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…

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Maximum Injury Award for Pain and Suffering $351,000

The question in this personal injury case was whether the claimant should be awarded the maximum amount for pain and suffering, reserved for catastrophic injury, or at something lower.  On the evidence, the upper limit set by the Supreme Court of Canada, adjusted for inflation, was $351,000. This limit now applies to all ICBC personal…

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Traumatic Brain Injury Results in $2.5 Million Award for Teenager

This Car accident brain injury award for an 18 year old passenger (Hermanson v. Durkee, 2014 BCSC 877) arose from a single vehicle accident on a forest road in British Columbia. The vehicle left the road  which resulting  in the ICBC claimant suffering a severe traumatic brain injury and ruptured spleen. Because of the location of the motor vehicle accident there…

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Car Accident Injury Claimant Awarded over $1.4 million for Brain Injury

In this 17 year old victim car accident brain injury case(Cikojevic v. Timm, 2010 BCSC 800 )the claimant was the middle-seat passenger in the defendant’s compact truck when he drove it off the road and into a tree. The force of the collision threw her head into the windshield hard enough to star it. The defendant…

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