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BC Traumatic Brain Injury Lawyers

BC Traumatic Brain In jury Lawyers

Top BC Traumatic Brain Injury Lawyers at MacLean Law understand a BC car crash brain injury jeopardizes you & your family’s financial security! 604 602 9000. Hiring the best BC Traumatic Brain Injury Lawyers makes sense.

BC Traumatic Brain Injury Lawyers Understand Brain Injuries Are Catastrophic

BC Traumatic Brain Injury Lawyers

Top BC Traumatic Brain Injuries Lawyers 604-602-9000

BC Traumatic brain injury lawyers know that devastating BC brain injuries occur frequently in car accidents and slip and falls. A traumatic brain injury falls under the class of catastrophic injuries along with spinal cord injuries that result in paraplegia or quadriplegia, severe burns, and amputations. Hiring a top lawyer can help you deal with an otherwise stressful and frightening situation. We have 5 offices across BC in Fort St John, Kelowna, Richmond, Surrey and downtown Vancouver.

Our compassionate lawyers understand you are uncertain about your future and that you want to ensure you are protected by an aggressive lawyer on your side to ensure that ICBC or other defence lawyers treat you fairly. We meet with you for free and we are only paid when you obtain your settlement or judgment. Brain injury settlements are about obtaining  justice and the highest possible fair compensation.

BC Traumatic Brain Injury Lawyers Explain The Unique Challenges Of a Brain Injury

Vancouver personal injury lawyers

ICBC injury settlement lawyers Lorne MacLean, QC, Spencer MacLean and law student Fraser MacLean Brain Injury Lawyers

A traumatic brain injury is unique and different than other injuries, as brainline.org states:

“TBI affects the roots of who we are — our ability to think, to communicate, and to connect with other people. Because the brain is a complicated network of cells, each injury is as distinctive as the person it affects.”

BC Traumatic Brain Injury Lawyers fully understand that Traumatic brain injury survivors usually suffer from chronic long lasting effects to their cognitive functioning and psychosocial functioning from the injury. These symptoms can include difficulty speaking and understanding, problems with reading and writing, difficulties with touch and movement, concentration, confusion and memory problems, depression, sleep disorders, chronic headaches and pain, and sensory problems.

Doctors at the Brain Injury Research Institute (BIRI) have been researching the brain and brain injuries since 1996. BIRI states:

“Research indicates that there is a clear link between brain injuries and a number of different serious and debilitating neurological disorders, including Alzheimer’s disease and other forms of dementia.”

Substantial Life Challenges After BC Traumatic Brain Injury Lawyers Expain

Our tenaciaous BC Traumatic Brain Injury Lawyers get that traumatic brain injuries can be emotionally and financially draining. The research article ‘Outcome following traumatic brain injury: a comparison between 2 and 5 years after injury’ by J.H. Oliver, found a disturbing statistic for those who have suffered a traumatic brain injury.

“Thirty-two per cent of those working at 2 years were not employed at 5 years. Many students had also become unemployed. These findings suggest the need for intermittent lifelong intervention following TBI.”

BC Traumatic Brain Injury Lawyers Provide Recent Case Example Of High Damage Award

BC Traumatic Brain Injury Lawyers want you to be aware that in the case of Hermanson v. Durkee the plaintiff who was 18 years old at the time, suffered a severe traumatic brain injury in a motor vehicle accident.

At the time of the accident the plaintiff had recently graduated from high school and was unemployed. The plaintiff’s apparent intentions were to pursue a career in trades. The plaintiff argued that he would have, like many of his friends pursued and landed a job in the Alberta oil industry, where he could have made an average of $110,000 to $130,000 a year, and that his future income loss is in the range of $2,800,000 to $3,375,000.

Mr. Justice Betton disagreed with this high point damage claim but still awarded a substantial damage judgment after the judge found the plaintiff’s likely lifetime earning capacity to be $1.8 million, providing the following:

[107] It is my conclusion that Mr. Hermanson would have likely pursued a trade in the higher earnings spectrum of those that the economists have concluded he could have done pre-accident.

[108] In considering the evidence of the individual earnings levels as presented by witnesses for the plaintiff, significant caution must be exercised. Neither economist was asked specifically why they did not consider specific earnings levels of specific individuals, but in circumstances such as these, there is a strong argument to be made that statistics which, by necessity, blend high income earners, such as those presented by the plaintiff, with those who have not achieved such earnings is a more reasonable approach. Not all of the witnesses who were called had indicated that it was their intention to stay in their high earnings positions in Northern Alberta, and it seems logical that many, including possibly Mr. Hermanson had he gone to the oil industry at all, would feel the same. On the other hand, one must recognize that Mr. Hermanson is part of a social group, many of whom had elected, at least in their early years of employment, to pursue such jobs.

[109] In my view, such evidence is merely a consideration in assessing the value of the lost capital asset. There is certainly a substantial possibility that Mr. Hermanson would have, at least in the short term, pursued such work. It is difficult to measure the likelihood of that and even more difficult to determine how long he might have stayed in such a position.

[110] The defence argued that the plaintiff might have retired early like his mother. While that is a possibility, such a decision would logically flow from a relatively high earnings stream and/or prudent savings habits to enable such a decision. It is not reasonable for the defence to say that the plaintiff would have both been a low earner with limited motivation and retired early.

[111] In my view, the appropriate assessment of the plaintiff’s pre-injury earnings capacity is $1,800,000.

[170] Through my assessments set out above, I have come to the following conclusions:
a) The amount awarded for loss of earning capacity is $1,800,000;
b) The amount awarded for the cost of future care is $650,000;
c) The total amount awarded for in-trust claims is $22,500.
[171] This comes to a total award of $2,472,500

ICBC often takes the worst possible interpretation of your injuries because it is their job to do so. They are not deliberately acting against you because they are decent people but indications are they may tend to take an unduly aggressive stance that results in low offers leading to more trials having to move forward.

BC Traumatic Brain Injury Lawyers

Aggressive ICBC BC Traumatic Brain Injury Lawyers 604-602-9000

Hiring an experienced lawyer may prevent ICBC from making unreasonably low offers and help lead to the highest fair settlement. If not rest assured we will aggressively take your critical injury case to trial.

Call Spencer MacLean now to meet for free at 604-602-9000!



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