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Vancouver MTBI Traumatic Brain Injuries Lawyers

Vancouver traumatic brain in jury

Vancouver MTBI Traumatic Brain Injuries Lawyers: 604-602-9000

Vancouver MTBI traumatic brain injuries lawyers know MTBI injuries caused by Vancouver ICBC car accidents strike at the very core of the injured person’s being. MTBI  affects a person’s ability to take in, store and recall information. Vancouver MTBI traumatic brain injuries can be devastating to the victim’s enjoyment of life, their personal relationships and their careers moving forward.

Vancouver MTBI Traumatic Brain Injuries Lawyers also know a person suffering a MTBI may often become just a shell of their former self. Vancouver MTBI Traumatic Brain Injuries Lawyers warn the financial impact of an MTBI can be overwhelmingly negative and damage awards obtained by Vancouver MTBI Traumatic Brain Injuries Lawyers in these cases are frequently in the millions of dollars.

Vancouver MTBI traumatic brain injuries lawyers at MacLean Personal Injury have 5 offices located in Vancouver, Kelowna, Surrey, Richmond and Fort St John. 

Our compassionate Vancouver MTBI Traumatic Brain Injuries Lawyers always meet with you for free and we are paid only when your case settles or the judge grants you judgment. Meet with us immediately if you or a loved one suffers from an MTBI or you or they have been in a serious ICBC car accident.

Traumatic Brain Injury Lawyers in Vancouver

In the Vancouver MTBI traumatic brain injuries case (Grassick (Guardian ad litem of) v. Swansburgthe plaintiff, a pedestrian, suffered brain damage after being struck by a vehicle when he was a 16 year old teenager was awarded $3 million in damages.

The plaintiff, who was 16 at the time, was walking with a friend in Kelowna when the motor vehicle struck him from the rear. The traumatic brain injury, left the plaintiff having difficulties with memory, processing speed, focus, cognitive inefficiency, fatigue, anxiety, and depression.

The plaintiff, Mr. Grassick, a bright young man had hopes of becoming a civil engineer. The traumatic brain injury he suffered in the accident was expected to leave him with permanent cognitive consequences. The trial judge explained the nightmare the victim lived knowing he was not the same person that he was before the accident and that he would never be the same again.

Vancouver MTBI Traumatic Brain Injuries Lawyers

Vancouver MTBI lawyers Wolf, MacLean QC and MacLean

Vancouver MTBI Traumatic Brain Injuries Lawyers Explain $3 million Decision

Vancouver MTBI traumatic brain injuries lawyers are impressed by the careful analysis Madam Justice Loo brought to this heartbreaking case.

Madam Justice Loo a very experienced trial judge stated the following:

[162]     An award for general damages should not be measured by the seriousness of the injury but rather on its ability to ameliorate the individual’s loss: Lindal v Lindal, [1981] 2 S.C.R. 629 at p. 637. The factors to consider when assessing general damages are set out in the oft-cited comments of Madam Justice Kirkpatrick in Stapley v. Hejslet, 2006 BCCA 34, at para. 46.

[164]     Because of Stirling’s brain injury he is no longer the same person; he is a changed person. He knows that he is a changed person, and not for the better. That is a terrible thing for a young man to endure.

[165]     Dr. O’Shaughnessy stated succinctly: “…every time you’ve got a blow to the head it exposes the entire brain”, and   “…if you’ve got brain damage it’s obviously lifelong. It’s not like a broken bone that heals and is stronger than it was prior to the facture”. Quite the opposite. Symptoms from a TBI may worsen over time. Stirling’s symptoms from his TBI, including anxiety and depression have worsened over time as his academic program and work co-ops become more demanding. Stirling still lives at home with his parents. Life will become even more demanding for him when he leaves home, and must look after himself, work, and hopefully, a family. He can barely cope now.

[198]     While Stirling suffers only mild cognitive impairments, they are potent for him. His cognitive impairments directly impact his drive to excel. Perhaps if he was content to be less than average at everything he does, it would not matter so much. But he was not, and is not content to be being average.

[199]     Predicting what his future earning capacity would have been, but for the accident, is a complex task and the potential range of his earnings is broad. The plaintiff relies on the expert report of Darren W. Benning, economist, for the estimated lump sum present value of lifetime earnings of a British Columbia male civil engineer. The defendant did not require Mr. Benning to attend for cross-examination.

[200]     There is a range of possibilities for Stirling; from being, for lack of a better term, an average or 50th percentile engineer earning from May 1, 2016 when he is expected to graduate, through to age 65. Based on the present value of life-time earnings, $2,399,956. However, that figure – as do all of the figures provided by Mr. Benning – includes 24.2 percent reduction for the average labour market contingencies: unemployment, part-time work and part-year work. Without those contingencies, the figure for the 50th percentile engineer is $3,166,172.

[201]     Mr. Benning has also provided figures for engineering managers. With the labour market contingencies, the figures are $3,149,822 for the average engineering manager, and $3,868,882, and $4,880,954 for the 80th and 90th percentiles, respectively. Without the labour contingencies, the figures are $4,155,437, $5,104,065 and $6,439,253.

[202]     I conclude that there is a real and substantial possibility that Stirling would have worked for a number of years as an “average” engineer, before moving up the ranks of engineers. He would have worked full time, and his professional career would be an important part of his life.  He would have succeeded in becoming one of the higher paid engineers, a well above average engineer, or an upper management engineer.

[203]     Stirling may, like many professionals, work past the age of 65. On the other hand, he may, like other professionals, decide to retire early and do other things. However, given Stirling before the accident, and now, I do not think he is the kind of person who would choose to work part year or part time.

[204]     The plaintiff seeks damages for loss earning capacity in the sum of $3 million. I find this sum to be both reasonable to him and to the defendant. I award $3 million for loss of future earning capacity.

Madam Justice Loo went on to award an additional nearly $300,000 for special damages and future care costs.

Vancouver MTBI Traumatic Brain Injuries Lawyers handle these heartbreaking cases with a passion and dedication to help the victim and their families cope with this heartbreaking injury. We will negotiate on your behalf with ICBC and work to persuade them to make the injured victim and their families whole.

Vancouver personal injury lawyers

Vancouver ICBC injury settlement lawyers Lorne MacLean, QC, Spencer MacLean and Fraser MacLean

If ICBC won’t be reasonable, we will not hesitate to take this matter to court to ensure you obtain justice for injuries caused by an ICBC accident that was not your fault. Call us now at 604-602-9000.

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