What damages can I claim for a traumatic brain injury in Canada?
TBI claims include: non-pecuniary general damages (pain, suffering, loss of enjoyment of life), past and future income loss, future care costs, past medical expenses, housekeeping and home maintenance loss, in-trust claims by family members for care they provided, and loss of valuable services. Serious TBI claims frequently exceed $1 million when all heads are included.
What is the cap on non-pecuniary damages in Canada?
The Supreme Court of Canada's 'trilogy' cases set a cap on non-pecuniary (general) damages at approximately $100,000 in 1978, which has grown with inflation to approximately $430,000–$450,000 today. This cap applies to cases involving catastrophic injury and loss of life's amenities. Moderate TBIs typically yield $100,000–$300,000 in non-pecuniary damages.
How is TBI income loss calculated?
Lost income includes both past loss (earnings from injury to trial) and future loss of earning capacity (what you would have earned minus what you can now earn, over your working life). Expert economic evidence quantifies the loss. The future loss is discounted to present value. Vocational assessments and neuropsychological testing establish the extent of work capacity reduction.