Severe Brain Damage – Injury Claim Worth_.

Based on the following sampling of case law, the range for general damages awarded for suffering from severe brain damage as a result of an accident is between $335,210 – $438,466 [adjusted for 2023 inflation rates]. The general damage award amounts for each individual case below have not been adjusted for inflation. For your convenience, the Bank of Canada Inflation Calculator can be accessed here.

As described in our General Damages Guide, these awards are only for general damages which compensate you for your pain and suffering. There are other types of damages that you may be entitled to claim, such as lost income and medical care costs, depending on the circumstances of your case. To assess the total value of your injury claim, try our Injury Claim Calculator or book a free consultation.

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The case law

Carroll v. McEwen, 2018 ONCA 902

• The 60-year-old plaintiff suffered serious physical limitations and a severe traumatic brain injury after being struck by a car while walking on a road. The court found that she would require lifelong care. She was awarded $300,000 in general damages.

Hummel v. Jantzi, 2019 ONSC 3571

• The plaintiff suffered multiple skull fractures and a catastrophic, severe traumatic brain injury when the driver of the vehicle he was in lost control and the car collided with a tree. He suffered lasting cognitive and physical impairments as a result of the accident. Every aspect of his life was negatively affected by his injuries. He was awarded $300,000 in general damages.

Foniciello v. Bendall and Acculine, et al., 2016 ONSC 1119

• The 44-year-old plaintiff suffered multiple skull fractures leading to a severe brain injury in a collision between his motorcycle and a van. The injuries left him comatose for 5 months and with short term physical impairments and permanent cognitive, intellectual, and behavioural impairments. He was found to be at an increased risk for dementia due to his brain injury and was not capable of gainful employment. He was awarded $275,000 in general damages.

Knight (Litigation guardian of) v. Knight, 2014 BCSC 1478

• The 31 years old plaintiff, who was pregnant at the time of the accident, suffered catastrophic injuries as a result of a motor vehicle collision with a moose. She was rendered unconscious for months and suffered a severe traumatic brain injury, cervical spine fracture, and serious jaw injury. She remained in hospital for 4 months and a rehabilitation centre for an additional 10 months. When she was released, she required significant home care due to her permanent cognitive and behavioural impediments. She lost the ability to control her own life and parent her own children. She was awarded $350,000 in general damages.

Lee (Litigation Guardian of) v. Toronto District School Board, 2013 ONSC 3085

• The 7-year-old plaintiff suffered a brain bleed after being punched in the head at school. He was left with lasting physical, mental, and emotional disabilities and impairments. He suffered some left side paralysis and blindness in his left eye, which caused him to bump into things, often hurting himself. He was able to finish high school and one year of university, but ultimately had too much difficulty and returned home. The injuries seriously affected his earning potential. The doctors found that that prior to the punch, he had an undiagnosed arteriovenous malformation that left him vulnerable to suffer serious harm from impact such as the punch. He was awarded $300,000 in general damages.

Saether v. Irvine, 2011 BCSC 1497

• The 26-year-old plaintiff suffered a severe traumatic brain injury and skull fractures after being assaulted with a golf club. He underwent two brain surgeries and while he did regain consciousness, he remained paralyzed on his left side. He was unable to live on his own due to his physical and cognitive impairments, which were found to be permanent. As a result of the injury, he had no residual earning capacity. He was awarded $300,000 in general damages.

O’Connell v. Yung, 2012 BCCA 57

• The 57-year-old plaintiff suffered a severe traumatic brain injury, and multiple fractures in many body parts, including cervical spine, ribs, sternum, and both legs, and internal injuries in a serious motor vehicle collision. She was left with permanent physical impediments related to her left leg and permanent deficits in cognition and executive functioning. After the accident, the plaintiff was no longer able to work and her relationships with family and friends were unable to be maintained. She was awarded $275,000 in general damages.

Campbell v. Swetland, 2012 BCSC 423

• The 39-year-old plaintiff suffered life-threatening injuries when her motorcycle collided with another vehicle at highway speed. Her injuries included a severe traumatic brain injury requiring sedation and intubation, as well as multiple fractures in many body parts, nerve injuries, right foot drop, lacerations, contusions, scarring, soft tissue injuries, anxiety and major depression. She was bedridden for 6 months after the accident and required assistance with almost all tasks. She retained some future earning capacity. She was awarded $290,000 in general damages.

MacEachern (Committee of) v. Rennie, 2010 BCSC 625

• The 27-year-old plaintiff was struck by a tractor trailer while on her bicycle and suffered catastrophic injuries requiring permanent care for the rest of her life. Following the accident, the plaintiff was unconscious for weeks due to a skull fracture and brain injury. She underwent surgery and was left with a severe disability due to the brain injury which made her disinhibited and childlike in addition to short term memory issues. She was awarded $324,800 in general damages.

Sandhu (Litigation Guardian of) v. Wellington Place Apartments, 2008 ONCA 215

• The 2-year-old plaintiff fell from a 5th floor window onto concrete below and suffered multiple physical injuries and a severe brain injury. Following the accident, the plaintiff required 24 hour care and would likely have maximal function at the level of a 12-year-old for the rest of his life. The plaintiff suffered from permanent difficulty with attention, concentration, memory, processing, and impulsivity. He received $311,000 in general damages.