In a recent Supreme Court of British Columbia case, an art student was awarded a 1 million dollar settlement:
http://www.courts.gov.bc.ca/jdb-txt/SC/15/17/2015BCSC1724.htm
At issue was whether or not the plaintiff had suffered a brain injury. The courts found that the plaintiff had indeed suffered a mild traumatic brain injury, which was likely to cause “permanent”cognitive impairment. The finding of a physical injury to the brain was important, as the defence was arguing the plaintiff was suffering from psychological injuries – which are theoretically treatable and can produce similar symptoms – that were less likely to impede the plaintiff in the future.
This case dramatically illustrates the way the courts perception of brain injuries and concussions are changing. At one time, the courts would have required plaintiffs to produce more objective evidence, such as brain scans and periods of lost consciousness, to prove that they were suffering from a brain injury. Now the courts are taking a more holistic approach based on the evidence as a whole.
This case also illustrates how important it is to seek proper medical and legal advice immediately. The plaintiff in this case relied heavily on reports from family doctors that were made soon after her motor vehicle accident. Additionally, her lawyers were able to send her to experienced medical experts, who provided proper medical evidence to the courts.
