How much can future cost of care awards involving concussions be worth?

http://www.courts.gov.bc.ca/jdb-txt/sc/18/05/2018BCSC0531.htm

The plaintiff suffered a traumatic brain injury (also referred to as a concussion in this case) after being injured in a motor vehicle collision with a bus. At issue was whether the plaintiff had suffered a loss of consciousness. There were conflicting statements in the clinical notes and other statements made by the plaintiff from around the time of the collision - including those given to ICBC. The judge ultimately decided that the plaintiff had indeed suffered a loss of consciousness and that a loss of consciousness was not necessary to prove that a mild traumatic brain injury had occurred. Medical experts had stated " that a traumatically induced psychological disruption of brain function (a traumatic brain injury) can be manifested by “at least one” of any period of loss of consciousness, of loss of memory for events immediately before or after the Collision, and of alteration in mental state at the time of the Collision."

The plaintiff was awarded $766,203.00 to compensate him for costs associated with future care related to his ongoing neurodegenerative deterioration and early dementia. The plaintiff in this case had no prior neurological or dementia issues, yet was continuing to see decreased cognitive ability following the collision. The courts ruled that this deterioration was likely to proceed, and the plaintiff's cost of care costs would grow as this deterioration continued. 

This case illustrates the importance of hiring effective counsel, and how personal injury awards rely on findings of fact by a judge. Small changes in these findings of facts can result in massive swings in an award. For example, if the judge had found the plaintiff's cognitive injuries were likely to have stabilized, the award of damages to the plaintiff would have likely have been much smaller. 

Recent University Graduate Awarded $1,233,105.91 in Personal Injury Case Following Head Injury.

http://www.courts.gov.bc.ca/jdb-txt/sc/17/00/2017BCSC0015.htm

In what can only be described as a tragic case, the victim of a motor vehicle accident was awarded a large settlement to compensate them for injuries and damages. During the accident, the plaintiff hit his head with significant force. He suffered a closed head injury and likely mild traumatic brain injury. The plaintiff had been riding a motorcycle. He stopped at a red light and was hit forcefully by a pickup truck from behind. The force of this impact was so severe that the plaintiff cracked several teeth when his skull and face struck the inside of his own helmet and his motorcycle was  embedded into the front of the truck.

At the time of his injury, the plaintiff was 28 years old and had recently graduated from the University of British Columbia with a degree in Kinesiology. He had been working as a firefighter but had aspirations of becoming a police officer. Injuries that the plaintiff sustained in the accident were likely to make this impossible. Prior to the accident, the plaintiff's role involved rappelling in and out of forest fires. After the accident, the plaintiff could not hold down a security job. 

Of interest here, was that the plaintiff had no certainty in terms of his career path and had not taken any concrete steps towards his goal of becoming a police officer. The judge ruled that even though this was the case, the plaintiff had established that he "would have applied for and obtained full time employment, likely in the fitness or recreation field." The judge also ruled that the plaintiff was still capable of some kinds of employment but could not do "shift work" or work that requires "heavy physical requirements". 

Despite the plaintiff's very general assessment of his future possibilities, the plaintiff was awarded $850,000.00 for Loss of Earning Capacity. This illustrates that despite uncertainty or only partial impairment a plaintiff can still be awarded a substantial claim to compensate them for a tragic injury.