Personal Injury News

$1.125 Million Dollar Injury Award Upheld Despite Prior Head Injury




September  8, 2010- In this unchallenged brain injury claim  The 22 year old ICBC injury claimant  suffered a brain injury 8 months before the car accident  in which he claimed to have been injured. The first accident was clearly more severe than the second. But the trial judge accepted the evidence that the brain damage would not have occurred but for the second car accident. She accepted the evidence that the brain damage arising from the second collision was the cause of the injury claimant’s psycho-social injuries. ICBC intervened to represent the second driver and the driver failed to testify at the trial. 


In the ICBC brain injury claim the trial judge concluded that the award for pain and suffering should be set at $125,000 on the basis that the Injury claimant’s enjoyment of life and his quality of life had been permanently and seriously altered. The claimant was awarded $500,000 for the cost of future care. He was also awarded $500,000 by the trial judge for the loss of his income earning capacity.  
On appeal the  Court of Appeal for British Columbia found that the second accident was more severe in its effects because of the seriousness of the first accident and the proximity of the second accident to the first. The ICBC Appeal was dismissed and the $1.125 million dollar trial award was upheld. Posted by Mr. Renn A. Holness  


Tags: Back Pain, Car Accident Claim, head injury, ICBC Injury claim, Legal Causation, Prior Condition

One response$1.125 Million Dollar Injury Award Upheld Despite Prior Head Injury

  • Head Injury ICBC Settlements Involving Limb Injury and Malpractice Allegations « Holness Law Group Blog

    March 15, 2012 10:45pm

    [...] suffering repeat head injury now have research and opinion to back the position that repeat head injury can result in more [...]

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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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