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Vancouver Brain Injury Lawyer

Our Vancouver brain injury lawyers know that Mild Traumatic Brain Injury “MTBI” is one of the most catastrophic ICBC car accident injuries our personal injury clients may suffer. Mild traumatic brain injuries are definitely not minor nor trivial as the phrase might suggest to the uninitiated car accident victim.

Acting promptly to hire an experienced Mild Traumatic Vancouver Brain Injury lawyer is critical. We will meet with you for free but you need to call immediately at 604-602-9000 to ensure you get the help you or your family member needs.

What Is A Brain Injury?

Cikojevic v Timm, described what the symptoms and devastating effects of MTBI are:

[249]      A loss of consciousness is unnecessary for the diagnosis of MTBI. The Glasgow Coma Scale measures levels of conscious to assess initial severity, not to rule out traumatic brain injury. However, some degree of altered consciousness must be present before diagnosing MTBI. How long the altered consciousness lasts is relevant, as is loss of memory of events before the trauma. Matthew Hogg, the other passenger in the accident vehicle, said the plaintiff was dazed, shaky and “out of it”. She did not know what had happened. She could not undo her seat belt. The plaintiff described gaps in memory, and Mr. Cikojevic said the plaintiff was not making sense at the hospital. Altered consciousness clearly occurred in this case.

B.   What does “Mild” Refer to?

[250]      Although experts sometimes disagree on whether to call an injury a mild concussion or a MTBI, either term is suitable.

[251]      “Mild” describes the severity of the organic injury, not its effect.

[252]      Although the organic severity of an injury usually associates with the severity of symptoms, sometimes symptoms can be severe while the organic injuries to the brain are mild.

[253]      Upwards of 85% of people suffering uncomplicated MTBI recover within six months. The recovery range lies between 85% and 95%, depending on the expert’s views and the literature they accept. I find that around 90% of people suffering uncomplicated MTBI recover according to scientific literature. However, as noted by Dr. Anton, such statistics are of no value when dealing with a patient who falls into the subset of people who never fully recover. Each case must be evaluated individually.

Recent examples of large personal injury awards for mild traumatic brain injury or MTBI include:

  1. The very recent 2014 case of Wallman. In Wallman v. John Doe, the Plaintiff was an emergency room doctor who was involved in a rear end collision when his vehicle was struck from behind by a Transit bus. The doctor suffered a brain injury and he received a combined award of nearly 6 million dollars for a low velocity impact accident.
  2. In Payne v. Miles, the plaintiff of 16 at the accident date was struck by a motor vehicle on a marked crosswalk, and subsequently brought an ICBC claim for pain and suffering, as well as various other forms of damages. She suffered a moderate/severe brain injury that was permanent. The Plaintiff received nearly $1,500,000.
  3.  In Harrington v. Sangha, the injured car accident victim received $210,000 in pain and suffering damages for a traumatic brain injury. The judge found

[183]      There is no doubt that the plaintiff has been severely and dramatically affected by the injuries sustained in the January 18, 2007, motor vehicle accident. There is no doubt with respect to the extent of her physical injuries. There is convincing evidence that she has suffered a traumatic brain injury. That injury has affected her cognition and may have reduced her global intelligence. There is ample evidence from her family and friends that her behaviour has been significantly affected. She is irritable and disinhibited. Her memory and concentration are poor. These changes are typical of those experienced by people who have suffered frontal lobe injuries of the sort sustained by Ms. Harrington. She is affected by chronic pain and headaches. She requires significant medication to deal with her pain and that has further impacted her emotional state and her intellectual functioning. By all accounts she is now unemployable.

If you need an experienced Vancouver Brain Injury Lawyer all you need to do is pick up the phone at call us at 604 602 9000. We’ll meet with you for free and come to where you are if need be to ensure you are protected.

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