“Mild” Traumatic Brain Injury can have significant effects.
Before the MVA Ms. G was an artist and a dancer, unfortunately, a combination that an insurance company is unlikely to take seriously even if that artistic dancer comes from a family of successful academics. At the time of her collision she had completed the course work and was only a few edits ABD (all but dissertation) in respect of her master’s degree in fine art at Emily Carr.
Ms. G was struck near the Granville Street bridge by a pick up that ‘missed’ the red light. Luckily her father was visiting and after she called him he came to the scene. By then the ambulance had already left after checking her out and determining that she didn’t need to go to the hospital. Ms. G’s family took her to a walk-in clinic and while the doctor thought about a ‘concussion’ she didn’t even mention it on the first visit.
Ms. G and her family thought that she would be back to normal within a week or so. It didn’t turn out that way. Her family watched her struggle, sleeping all the time, being irritable, needing help organizing, having headaches, not ‘wanting to’ or being able to drive. She just wasn’t herself. She had hoped to start working as a TA at a college and had even arranged an interview (before the MVA). Despite her struggles, she insisted on going to the interview. She needed her parents to drive her. Instead of her usual preperation, she slept in the car, both ways. She didn’t get the job.
Her parents stayed for the summer even though they had only planned on staying a week or so. She retained Brain & Injury Law early on, and though the insurance companies provided little help Brain & Injury Law started her working with an OT (Occupational Therapist) and RA (Rehabilitation Assistant) to try to normalize her life and increase her function. Ms.G’s struggles were very much like many mTBI clients. She worked with the OT and they would make a great plan for jobs that she could apply for, but despite her maintained ability to make plans, she struggled to execute the required tasks.
The insurance company was less than supportive. They didn’t support her need for OT, physiotherapy or other rehab.
By the time the trial came ICBC offered their final and best offer of $150,000 which included the almost $30,000 towards OT, physio and other rehab costs which had already been funded without the insurance company.
The trial took more than 15 days. Brain & Injury Law called upon experts in psychiatry, neuropsychology, physiatry, vocational psychology, economics and others. More importantly they interviewed and called many of the people close to Ms. G who had seen the changes in her personality and functionality. Despite ICBC’s attempts with their own neurologist and psychiatrists to say that since Ms. G didn’t go to the hospital and was not “unconscious” she could not have had a brain injury, the court was not misled.
The trial judge awarded LG more than $1,100,000 recognizing that her ability to work now and in the future was highly impaired.
This is typical of cases that Brain & Injury law works on a regular basis. So many of the individuals who struggle with mTBI are not recognized. We are pleased to have been a part of Ms. G’s legal success.
While Ms. G has had continuing struggles, she has an amazing spirit and has since been married and is trying to focus on giving back to her artistic community.