$230,000 Non-Pecuniary Damage Assessment for Severe Traumatic Brain Injury

Reasons for judgement were released this week by the BC Supreme Court, Vernon Registry, assessing fault and damages as a result of a 2008 motor vehicle collision.
In this week’s case (Jarmson v. Jacobsen) the Plaintiff was riding a motorcycle with his daughter when a vehicle operated by the Defendant turned into his path of travel.  Although the Defendant denied fault the Court found his evidence “wholly unreliable” and found him fully responsible for the crash.  The collision resulted in multiple injuries to the Plaintiff including a shoulder injury, a knee injury and a severe traumatic brain injury.
Global damages of over $1 million were assessed including non-pecuniary damages of $230,000.  The consequences of the head trauma were expected to have significant effects on the Plaintiff’s long term functioning both vocationally and domestically.  The full discussion surrounding this assessment is too lengthy to reproduce here but the following key findings were made with respect to the severity of injury were made by Mr. Justice Meiklem:

[54] Dr. Miller’s DSM IV diagnostic formulation included personality disorder due to traumatic brain injury and an adjustment disorder with mixed features of anxiety and depressed mood. Based on neurological indices of severity, Mr. Jarmson suffered a severe traumatic brain injury.

[55] A further indication of the severity of the injury to Mr. Jarmson’s brain is gleaned from the evidence of Dr. Gary Stimac, a diagnostic neuroradiologist, who testified and reviewed with the court many of the scanned CT and MRI images of Mr. Jarmson’s brain. These consisted of CT images taken at Kelowna General Hospital at intervals of about 9 hours, 40 hours, and 5½ days after the collision, and a complex set of MRI images obtained April 5, 2011. Dr. Stimac’s written report of August 15, 2011(p. 5-6) notes that:

The radiology examinations, in conjunction with emergency evaluations, establish that Mr. Jarmson sustained severe injury to the head. The immediate and subsequent CT scans show the left frontal impact and the coup-contrecoup contusions. The later MRI shows diffuse brain atrophy, evidence of white matter scarring, encephalomalacia, and hemosiderin deposits from the hemorrhagic contusions.

[56] Dr. Stimac explained that the atrophy he referred to is due to the absorption/removal of necrotic tissue…

[88] I find that the fair, reasonable, and appropriate award to compensate Mr. Jarmson for his non-pecuniary losses is $230,000.

bc injury law, Jarmson v. Jacobsen, Mr. Justice Meiklem

Comments (55)

  • I simply want to mention I’m very new to blogs and honestly loved this page. Very likely I’m going to bookmark your blog . You actually come with really good articles and reviews. Thanks a bunch for revealing your web page.

  • Wow that was strange. I just wrote an incredibly long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyways, just wanted to say great blog!

  • I wanted to construct a brief note to express gratitude to you for some of the nice instructions you are posting on this website. My time-consuming internet look up has at the end of the day been rewarded with sensible concept to share with my company. I would state that that we readers actually are definitely lucky to dwell in a really good place with so many wonderful people with great hints. I feel truly happy to have discovered your entire website and look forward to tons of more excellent times reading here. Thanks once again for everything.

  • I’ve been absent for some time, but now I remember why I used to love this web site. Thanks, I will try and check back more often. How frequently you update your website?

  • I was just looking for this information for some time. After six hours of continuous Googleing, at last I got it in your website. I wonder what is the lack of Google strategy that don’t rank this kind of informative websites in top of the list. Usually the top websites are full of garbage.

  • I’ve been exploring for a little bit for any high-quality articles or blog posts on this kind of area . Exploring in Yahoo I at last stumbled upon this web site. Reading this information So i am happy to convey that I’ve an incredibly good uncanny feeling I discovered exactly what I needed. I most certainly will make sure to do not forget this web site and give it a look regularly.

  • I think this internet site has got some really good info for everyone :D. “Time–our youth–it never really goes, does it It is all held in our minds.” by Helen Hoover Santmyer.

  • One thing I’d prefer to discuss is that weightloss system fast can be performed by the proper diet and exercise. Ones size not only affects appearance, but also the general quality of life. Self-esteem, despression symptoms, health risks, along with physical capabilities are influenced in extra weight. It is possible to make everything right whilst still having a gain. If this happens, a condition may be the primary cause. While a lot food but not enough exercise are usually responsible, common health conditions and trusted prescriptions might greatly help to increase size. I am grateful for your post right here.

  • Howdy! I know this is somewhat off topic but I was wondering which blog platform are you using for this site? I’m getting tired of WordPress because I’ve had issues with hackers and I’m looking at options for another platform. I would be awesome if you could point me in the direction of a good platform.

  • As I web site possessor I believe the content material here is rattling excellent , appreciate it for your efforts. You should keep it up forever! Best of luck.

  • You can certainly see your skills in the work you write. The sector hopes for even more passionate writers like you who are not afraid to say how they believe. All the time follow your heart.

  • Can I simply say what a aid to find somebody who really knows what theyre talking about on the internet. You positively know how to carry an issue to light and make it important. Extra individuals have to learn this and understand this facet of the story. I cant consider youre not more common since you definitely have the gift.

  • of course like your website but you need to test the spelling on several of your posts. Several of them are rife with spelling problems and I in finding it very bothersome to inform the reality then again I will definitely come again again.

  • Civility vicinity graceful is it at. Improve up at to on mention perhaps raising. Way building not get formerly her peculiar. Up uncommonly prosperous sentiments simplicity acceptance to so. Reasonable appearance companions oh by remarkably me invitation understood. Pursuit elderly ask perhaps all.

  • hi!,I love your writing so a lot! proportion we be in contact more about your post on AOL? I require a specialist in this house to solve my problem. Maybe that is you! Taking a look ahead to look you.

  • Pretty nice post. I just stumbled upon your blog and wished to say that I’ve really enjoyed surfing around your blog posts. After all I’ll be subscribing to your rss feed and I hope you write again very soon!

  • Usually I don’t read article on blogs, but I would like to say that this write-up very compelled me to take a look at and do so! Your writing style has been amazed me. Thank you, quite nice post.

  • hey there and thank you for your info – I’ve certainly picked up anything new from right here. I did however expertise some technical issues using this website, since I experienced to reload the website many times previous to I could get it to load properly. I had been wondering if your web hosting is OK? Not that I am complaining, but slow loading instances times will very frequently affect your placement in google and can damage your high-quality score if ads and marketing with Adwords. Well I am adding this RSS to my e-mail and can look out for much more of your respective fascinating content. Ensure that you update this again soon..

  • Hi there, just became alert to your blog through Google, and found that it’s really informative. I am gonna watch out for brussels. I will appreciate if you continue this in future. A lot of people will be benefited from your writing. Cheers!

  • Nice post. I be taught one thing tougher on different blogs everyday. It would always be stimulating to read content material from other writers and follow a little one thing from their store. I’d want to make use of some with the content on my weblog whether or not you don’t mind. Natually I’ll offer you a hyperlink on your net blog. Thanks for sharing.

  • What i don’t understood is in reality how you are no longer actually much more well-preferred than you may be right now. You’re so intelligent. You recognize thus significantly relating to this matter, made me individually imagine it from a lot of various angles. Its like women and men don’t seem to be involved except it is something to accomplish with Woman gaga! Your own stuffs nice. At all times care for it up!

  • I have not checked in here for some time as I thought it was getting boring, but the last several posts are great quality so I guess I will add you back to my everyday bloglist. You deserve it my friend 🙂

  • Excellent blog here! Also your site loads up very fast! What web host are you using? Can I get your affiliate link to your host? I wish my site loaded up as quickly as yours lol

  • Hi there! Someone in my Myspace group shared this website with us so I came to look it over. I’m definitely loving the information. I’m book-marking and will be tweeting this to my followers! Wonderful blog and superb style and design.

  • I really enjoy looking at on this internet site, it contains superb blog posts. “Don’t put too fine a point to your wit for fear it should get blunted.” by Miguel de Cervantes.

  • A formidable share, I simply given this onto a colleague who was doing slightly evaluation on this. And he the truth is purchased me breakfast as a result of I found it for him.. smile. So let me reword that: Thnx for the treat! But yeah Thnkx for spending the time to discuss this, I feel strongly about it and love reading more on this topic. If possible, as you become expertise, would you mind updating your blog with extra details? It is extremely helpful for me. Huge thumb up for this blog submit!

  • What i do not understood is if truth be told how you’re no longer actually much more smartly-favored than you might be now. You’re very intelligent. You know therefore considerably on the subject of this matter, produced me in my view believe it from so many various angles. Its like women and men don’t seem to be fascinated unless it is something to do with Woman gaga! Your personal stuffs great. At all times maintain it up!

  • A formidable share, I simply given this onto a colleague who was doing slightly evaluation on this. And he in reality bought me breakfast because I found it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to discuss this, I feel strongly about it and love reading more on this topic. If potential, as you change into expertise, would you mind updating your weblog with more details? It is highly helpful for me. Huge thumb up for this blog put up!

  • I’m curious to find out what blog system you’re using? I’m experiencing some small security problems with my latest site and I would like to find something more secure. Do you have any suggestions?

  • Undeniably believe that which you stated. Your favorite reason seemed to be on the net the simplest thing to be aware of. I say to you, I certainly get annoyed while people consider worries that they plainly don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side effect , people can take a signal. Will likely be back to get more. Thanks

  • hi!,I really like your writing so much! proportion we communicate extra approximately your article on AOL? I require an expert in this house to resolve my problem. Maybe that is you! Having a look ahead to peer you.

  • I’m truly enjoying the design and layout of your website. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a developer to create your theme? Great work!

  • I found your blog web site on google and examine a few of your early posts. Continue to keep up the superb operate. I just extra up your RSS feed to my MSN Information Reader. Searching for ahead to reading extra from you in a while!…

  • Normally I don’t read post on blogs, but I wish to say that this write-up very forced me to try and do it! Your writing style has been surprised me. Thanks, very nice article.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer