$160,000 Non-Pecunairy Assessment for a "Complicated MTBI with Residual Symptoms"
Adding to this site’s archives addressing non-pecuniary assessments for traumatic brain injury, reasons for judgement were released today addressing a “complicated MTBI with residual symptoms“.
In today’s case (Matromonaco v. Moraal) the Plaintiff pedestrian was standing on a sidewalk waiting to cross a street when the Defendant ran a red light, lost control of his vehicle, drove onto the sidewalk and struck the Plaintiff. The Defendant was soley responsible for the crash. The Plaintiff suffered a variety of soft tissue injuries that fully healed. She also suffered a mild brain injury which caused continuing symptoms at the time of trial. In assessing non-pecuniary damages at $160,000 Mr. Justice Harvey provided the following reasons:
 The Plaintiff suffered a number of physical injuries which I characterize as soft tissue injuries. All healed uneventfully within a reasonably short period of time after suitable treatment by way of physiotherapy and exercise.
 Her most significant injury by far is the MTBI.
 I accept that this injury has caused the Plaintiff mild cognitive impairment in processing, which in turn has impacted memory, mood concentration and focus. The result, not surprisingly, is that the Plaintiff exhibits signs of depression and social isolation.
 Counsel for the Plaintiff referred me to a number of authorities involving plaintiffs with injuries similar to Ms. Mastromonaco, suggesting an appropriate range for non-pecuniary damages is $150,000 to $200,000.
 Specifically, I have been referred to and considered Curtis v. MacFarlane, 2014 BCSC 1138; Watkins v. Dormuth, 2014 BCSC 543 [Watkins]; Danicek v. Alexander Holburn Beaudin & Lang, 2010 BCSC 1111;Harrington v. Sangha, 2011 BCSC 1035 [Harrington]; Sirna v. Smolinski, 2007 BCSC 967; and Dikey v. Samieian, 2008 BCSC 604 [Dikey].
 No two cases are alike. At one end of the extreme is the decision in Dikey, where the plaintiff suffered profound cognitive deficit requiring that he have daily assistance with his living requirements for the rest of his life. He also suffered significant ongoing pain. Similar findings were made in Harrington.
 In terms of similarities, the Plaintiff’s present condition, attributable to the aftereffects of the accident, are as follows: irritability, anxiety brought about by stress, poor memory, concentration, distractibility, fatigue and general low mood.
 While not so severe as the 32-year-old plaintiff in Watkins, the case is similar, such that it provides a useful starting point for the analysis. In Watkins, Blok J. awarded general damages of $175,000.
 Unlike the plaintiff in Watkins, the Plaintiff here is not experiencing ongoing headache, problems with balance or noise intolerance. I also take into account the difference in the plaintiff’s respective ages, as Ms. Watkins was 27 years old at the time of she was injured in a car accident. Accordingly, I assess the Plaintiff’s non-pecuniary loss at $160,000.
bc injury law, Complicated Mild Traumatic Brain Injury, Matromonaco v. Moraal, Mr. Justice Harvey
use this link
I simply want to say I am newbie to blogging and seriously loved you’re web page. Almost certainly I’m likely to bookmark your website . You amazingly come with impressive article content. Thanks a bunch for revealing your web site.
I¡¦ve been exploring for a little for any high-quality articles or weblog posts in this sort of area . Exploring in Yahoo I finally stumbled upon this website. Studying this information So i am glad to show that I’ve a very excellent uncanny feeling I discovered just what I needed. I most definitely will make sure to do not omit this web site and provides it a glance on a constant basis.
Wow! This could be one particular of the most helpful blogs We’ve ever arrive across on this subject. Basically Great. I’m also an expert in this topic so I can understand your hard work.
I’ve learn several excellent stuff here. Definitely price bookmarking for revisiting. I wonder how so much attempt you put to make any such magnificent informative website.
fotograf slubny Oswiecim
I like this post, enjoyed this one regards for posting. “The reward for conformity was that everyone liked you except yourself.” by Rita Mae Brown.
venta por catalogo
whoah this blog is fantastic i love reading your articles. Keep up the great work! You know, a lot of people are hunting around for this information, you could aid them greatly.
I’ve been absent for some time, but now I remember why I used to love this website. Thank you, I’ll try and check back more often. How frequently you update your web site?
Regards for helping out, superb info .
Yet another thing to mention is that an online business administration program is designed for students to be able to easily proceed to bachelors degree courses. The 90 credit certification meets the other bachelor college degree requirements so when you earn your own associate of arts in BA online, you’ll have access to the latest technologies in this particular field. Several reasons why students have to get their associate degree in business is because they can be interested in this area and want to get the general training necessary before jumping right bachelor diploma program. Many thanks for the tips you really provide inside your blog.
Hey! I know this is kind of off topic but I was wondering if you knew where I could get a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having difficulty finding one? Thanks a lot!
marcel van hooijdonk
you’re actually a just right webmaster. The web site loading velocity is amazing. It kind of feels that you are doing any unique trick. Moreover, The contents are masterpiece. you have done a great activity in this topic!
Fantastic beat ! I would like to apprentice while you amend your site, how could i subscribe for a blog web site? The account aided me a acceptable deal. I had been tiny bit acquainted of this your broadcast offered bright clear idea
situs poker online
Somebody essentially help to make seriously articles I would state. This is the very first time I frequented your website page and thus far? I amazed with the research you made to create this particular publish amazing. Magnificent job!
Nice post. I learn one thing tougher on completely different blogs everyday. It is going to at all times be stimulating to read content material from other writers and follow slightly one thing from their store. I’d prefer to use some with the content material on my blog whether you don’t mind. Natually I’ll offer you a hyperlink in your net blog. Thanks for sharing.
Hello there! Do you know if they make any plugins to safeguard against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any suggestions?
situs poker online
I used to be more than happy to seek out this web-site.I needed to thanks on your time for this glorious learn!! I positively having fun with every little little bit of it and I have you bookmarked to take a look at new stuff you weblog post.
you are really a excellent webmaster. The web site loading speed is amazing. It sort of feels that you’re doing any distinctive trick. Furthermore, The contents are masterwork. you have done a magnificent task on this matter!
A large percentage of of whatever you say happens to be supprisingly precise and it makes me ponder the reason why I had not looked at this with this light previously. This particular article really did switch the light on for me as far as this specific issue goes. But at this time there is one issue I am not too comfortable with and whilst I attempt to reconcile that with the actual core idea of the position, let me observe exactly what all the rest of your readers have to say.Nicely done.
затворы sung do
Magnificent site. A lot of useful info here. I am sending it to a few buddies ans additionally sharing in delicious. And obviously, thank you to your effort!
Digital Marketing Wien
Social Media Marketing Wien
My brother recommended I would possibly like this website. He was entirely right. This post truly made my day. You can not imagine simply how a lot time I had spent for this information! Thank you!
Wonderful beat ! I would like to apprentice while you amend your website, how could i subscribe for a blog website? The account aided me a acceptable deal. I had been tiny bit acquainted of this your broadcast provided bright clear idea
At this time it sounds like WordPress is the preferred blogging platform available right now. (from what I’ve read) Is that what you’re using on your blog?
Hey there! This is my first visit to your blog! We are a collection of volunteers and starting a new initiative in a community in the same niche. Your blog provided us useful information to work on. You have done a marvellous job!
lifeguard courses near me
I’ve been browsing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my opinion, if all website owners and bloggers made good content as you did, the internet will be a lot more useful than ever before.
Fantastic goods from you, man. I have understand your stuff previous to and you’re just too magnificent. I actually like what you’ve acquired here, really like what you are saying and the way in which you say it. You make it entertaining and you still take care of to keep it smart. I can not wait to read much more from you. This is actually a wonderful site.
websites to watch game of thrones free
Today, I went to the beachfront with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is completely off topic but I had to tell someone!
Hi there! I’m at work browsing your blog from my new iphone 3gs! Just wanted to say I love reading your blog and look forward to all your posts! Carry on the superb work!
Hi! I could have sworn I’ve been to this website before but after checking through some of the post I realized it’s new to me. Anyways, I’m definitely happy I found it and I’ll be bookmarking and checking back frequently!
Thanks , I’ve recently been searching for info about this topic for a while and yours is the best I’ve discovered so far. However, what about the conclusion? Are you positive concerning the supply?
Hey! I know this is kinda off topic nevertheless I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog post or vice-versa? My website covers a lot of the same topics as yours and I believe we could greatly benefit from each other. If you happen to be interested feel free to shoot me an e-mail. I look forward to hearing from you! Terrific blog by the way!
Opiekunka Niemcy Od Zaraz
I have not checked in here for some time since I thought it was getting boring, but the last several posts are good quality so I guess I will add you back to my everyday bloglist. You deserve it my friend 🙂
Pretty section of content. I just stumbled upon your blog and in accession capital to assert that I get actually enjoyed account your blog posts. Any way I’ll be subscribing to your feeds and even I achievement you access consistently fast.
Usually I don’t read post on blogs, but I would like to say that this write-up very forced me to try and do it! Your writing style has been amazed me. Thanks, quite nice post.
magnificent points altogether, you just won a new reader. What could you recommend about your put up that you simply made some days ago? Any certain?
sorry mf dj taydeville ft lil jay from crime mob
Amazing blog! Is your theme custom made or did you download it from somewhere? A theme like yours with a few simple adjustements would really make my blog shine. Please let me know where you got your theme. Thank you
whoah this blog is wonderful i really like studying your articles. Stay up the good paintings! You recognize, many persons are searching around for this info, you can aid them greatly.
custom smco magnets
Of course, what a fantastic website and enlightening posts, I surely will bookmark your website.Have an awsome day!
Hey would you mind letting me know which webhost you’re utilizing? I’ve loaded your blog in 3 different browsers and I must say this blog loads a lot quicker then most. Can you recommend a good internet hosting provider at a fair price? Many thanks, I appreciate it!
Sweet blog! I found it while searching on Yahoo News. Do you have any suggestions on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Appreciate it
Some genuinely prime posts on this website , bookmarked .
Profesjonalne Pozycjonowanie Strony Gorzow
But a smiling visitant here to share the love (:, btw outstanding pattern .
Keep functioning ,terrific job!
There is obviously a lot to identify about this. I think you made some good points in features also.
I have been browsing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my view, if all website owners and bloggers made good content as you did, the web will be a lot more useful than ever before.
Comments are closed.