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Car accident victims with brain injuries could recover damages

Victims of car accidents that resulted from another party's negligence might have grounds to pursue financial relief through the Ontario civil justice. An example of a successful lawsuit was recently reported in another province. That case followed a 2014 accident between a car and a tractor-trailer, leaving the car's driver with debilitating brain injuries.

According to a report on the website of the BC Supreme Court, a 39-year-old man and one passenger were travelling in a passenger vehicle when a tractor-trailer operator unexpectedly, and without signalling, swerved into their lane. The only option for the driver of the car was to take evasive action. However, he failed to maintain control of the vehicle and collided with the big rig's rear end.

The driver of the car suffered severe head trauma. Brain injuries caused severe cognitive deficiencies in the months following the accident. Many of them proved to be permanent, and mounting medical costs have been significant. Reportedly, expert testimony made it clear that he would never be able to live without full-time care.

On Sept. 2, the Supreme Court awarded the plaintiff damages totalling over $9 million, of which $7.2 million are to cover the costs of future care due to the severe brain injuries. The balance will cover other damages, including the loss of earning capacity in the future. This outcome underscores the importance of consulting with a lawyer who has extensive experience fighting for brain injury victims' rights. Like in this case, an Ontario personal injury lawyer can work to obtain a monetary judgment to cover current and future losses.

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