The following case study contains information that has been accumulated from actual people and events.  It is not possible to include every detail of the case.  All individual and company names have been changed.  Results will vary.

THE PLAINTIFF AND ACCIDENT

The Plaintiff, Craig, was born in 1987.  At the time of the Accident, he was a sixteen year old male student completing his grade 10 high school year in the Fraser Valley.

In mid 2004, Craig was a passenger in a car which was traveling northbound on a busy street in the Fraser Valley.  At or near the intersection, the driver of the car, Alex, lost control causing it to hit a hydro pole and flip over.  Craig was taken to the hospital for treatment of multiple fractures and internal injuries. 

THE INJURIES

Craig sustained the following injuries as a result of the collision:

1. Neurological Injuries
   
   1. Mild traumatic brain injury complicated by double vision;
   2. Traumatic vestibulopathy;
   3. Cutaneous nerve injuries, lower extremities.
2. General Injuries
   
   1. Multiple abrasions on his face and body, road rash to right abdominal wall, seatbelt injuries to abdomen and chest, innumerable small lacerations;
   2. Soft tissue injuries to neck, lower back;
   3. Deep lacerations to right forearm/wrist, full thickness laceration of right lower leg, left thigh hematoma;
   4. Ligamentous injuries and patellar dislocation, left knee;
   5. Fractures;
   6. Left lung contusions and minor collapse;
   7. Intra-abdominal and intrapelvic bleeding from small tears to his liver, spleen, left kidney;
   8. Substantial blood loss from the intra-abdominal injuries and soft tissue lacerations, requiring transfusions and iron supplements; and
   9. MRSA wound infections requiring Vancomycin;

Craig continues to suffer from numbness in his hands which has been diagnosed due to bilateral carpal tunnel syndrome.  As a result of his concussional injury to the brain he has a complete loss of memory of the accident.

NON-PECUNIARY DAMAGES

There is a possibility of Craig developing epilepsy as a result of the shear damage to the brain tissues, or residual lobar atrophy in the frontal or temporal area.  Craig has had continuous headaches that are both mild and infrequent, about once per month.   He has headaches while coughing or sneezing.  Craig's jaw was wired shut due to the fractures sustained in the accident.  He only recently has begun to see the dissipation of his dizzy spells.  The numbness in the Craig's hands has become more prominent over time.  The numbness and tingling is worse in the mornings when he wakes up.  Craig continues to suffer from back pain which has also interfered with his sleep.  He also has had problems with memory after the accident.

Prior to the accident Craig was actively engaged in leisure activities.  Since the accident, the ligamentous injuries to his left knee have left him with an unstable knee which, to date, has precluded his return to sporting and leisure activities.  Only since late May of 2007 has Craig been able to engage in any activities which involve mild physical exertion.

Craig's mother will describe how he was a positive, go to person, and led a very active life.  After the accident, Craig tires more easily compared to before the accident.  He has started snoring.  Craig's mother will also describe that prior to the accident he did not have any problems with memory but since the accident he tends to forget things and sometimes would put things into the fridge that actually belong in the cupboard and vice versa.  The memory problems will likely affect Craig's academics.

Craig intended to attend College before the accident.  Between September 2006 and December 2006, the he did enroll in College, but experienced comprehension and interpretation difficulties in his English course, and did not return for his second semester of study.  Craig has not since resumed his studies.  Craig continues to suffer significant pain on a daily basis.  He continues to experience pain in his back and shoulders, and numbness in his hands.  Craig's left knee is constantly sore, and is both painful and discomforting to him on a daily basis.

We assess Craig's non-pecuniary loss at $275,000.

PAST WAGE LOSS

The Plaintiff intended to study as well as work alongside his studies in order to finance his education.  The Plaintiff was not able to work from the date of the accident until October 2005, but had planned to work full time during the summer months and part-time during the school months after his studies commenced in September 2004.

The Plaintiff did part time work twice a week after school in 2005.  The Plaintiff was able to return to full time employment in January 2007.  He held this position until May 2007.  Since late May 2007 the Plaintiff has worked with the same company.

Given that Craig intended to work full-time for both the summer months of 2004 and 2005 (a total of approximately 24 weeks) and that he would have been able to work standard 40 hour work weeks for those 24 weeks, Craig lost approximately $12,480 in full-time wage earnings as a result of the Accident.  Craig also would have been able to work for approximately 40 weeks on a part-time basis if not for the Accident.  Given that he would have been able to work 20 hours for each of the 40 weeks, he lost approximately $10,400 in part-time wage earnings as a result of the Accident.

We assess the Plaintiff's past wage loss at $23,000.

FUTURE LOSS OF CAPACITY

Prior to the accident, Craig had an unremarkable medical history and was on no medication and had no allergies.  In his report dated March 2006 Dr. Wilson has stated that Craig would be plateaued by approximately 18 months post-surgery for his knee injury.  Dr. Wilson has recommended that Craig should not do heavy physical work which would involve climbing ladders or carrying heavy loads over uneven grounds.  Dr. Wilson also states that he would be able to do only light, sedentary physical jobs.  These restrictions in the opinion of Dr. Wilson on heavy physical activities will be long term.  Dr. Wilson has further stated that it is unlikely that Craig will be able to return to competitive sports, particularly those involving pivoting, cutting or jumping, as a result of injuries sustained in the accident.

Craig has physical restrictions which will not allow him to be able to access in an open labor market all jobs within the limited light and medium strength job categories, for which he is otherwise qualified.  His cognitive difficulties would have a negative impact on his employability.  Persons with cognitive deficits may be precluded from being considered feasible for competitive employment for job titles for which they have been assessed to be physically and academically capable.  It will be taken into account that at the age of 20 Craig has many years ahead of him in the work force.  As a result of the accident, he is less marketable as an employee to potential employers.  Overall, Craig has suffered a significant loss of capacity and he should be adequately compensated for that loss. 

We calculate his loss of future income earning capacity at $350,000.00.

COST OF FUTURE CARE

Craig requires substantial future care and rehabilitation for regaining the power of his knee and lower back.  Continued extensive physiotherapy is required to regain full strength in the muscles of the left knee.  Craig will also require various interventions to improve his vocational feasibility.

During June 2008, Dr. Smith assessed the nature of Craig's scarring to his right writs, right leg, and left hip.  Dr. Smith concluded that the right wrist scar could be revised, but that the scars to the right knee and leg would not improve with revision.  Dr. Smith also stated that the contour abnormalities seen in the left hip and right upper leg could possibly improve with a liposuction treatment.  Dr. Smith estimated the cost of the right wrist scar revision and the aforementioned liposuction treatment to be between $2,500 to $5,000.

In her June 2008 report, Occupational Therapist Ms. Jones concluded that Craig would be            required to undertake management of the physical strain to his neck, upper and lower back, right shoulder and left knee over the course of his life. 

During June 2008, Economic Consultant Mr. Green reviewed Ms. Jones's recommendations for Craig's future care costs, and concluded that the total present value of future care costs was $208,359.  Given Mr. Green's assessment as well as Dr. Smith's assessment for the cost of the scar revision procedures, we assess the Craig's claim for cost of future care at $213,359.

SPECIAL DAMAGES

Craig is entitled to compensation for the cost of reasonable out of pocket expenses realized between the Accident and trial.  In this regard, Craig is entitled to reasonable hotel, meals, parking, and mileage costs relating to this attendance at various medical appointments stemming from the Injuries.

Craig has made approximately 32 visits to medical professionals outside of Fraser Valley and is entitled to a $10 meal allowance for each visit.  Craig is also entitled to reimbursement for his parking expenses incurred as a result of the approximately 77 total visits he has been required to make to medical professionals, at a rate of $5 per visit.   With regard to mileage Craig has been required to travel to facilitate his medical treatments, he is entitled to 40 cents per kilometer traveled.  Craig has traveled approximately 3743 total kilometers to several cities in order to attend to medical treatments. Craig is also entitled to compensation for the cost of his personal effects that were destroyed in the Accident itself. 

We assess the Craig's claim for special damages at $3938.11

IN TRUST CLAIM

Craig's step-father, age 65, is largely disabled, and his mother was required to take him to his various doctors' appointments, and was therefore required to take time off work.  Craig makes an in trust claim for his mother's lost time from work which was spent in taking care of the him.

Craig's mother, Ms. Williams, works for a company in the United States.  She lost time from work when Craig was first hospitalized as a result of the motor vehicle accident.  Ms. Williams normally worked two 24 hour shifts a week.  As a result of the accident she could not be away for longer period of times leaving Craig unattended as such, she requested her employer to allow her to work only 12 hour shifts, however as no one else was willing to give up their shifts Ms. Williams could only work four shifts a month instead of the regular nine shifts per month she was working before the accident.

Ms. Williams also provided intensive personal care to Craig over the three month period immediately following the Accident.  The approximate value of this care is between $17,000 and $18,000.  Ms. Williams is entitled to reimbursement for the value of the home care which she provided to Craig, in addition to reimbursement of the $7419.94 in lost wages and travel tickets specified above.

We assess the in trust claim for Craig's mother at $25,000.

CONCLUSION

The accident has dramatically affected the Craig's life.  Since the accident he has suffered from chronic pain and memory loss.  This has greatly restricted his career goals and his day-to-day activities.  As indicated by the medical evidence, Craig is likely to have some degree of chronic pain indefinitely.  He is unlikely to work on jobs requiring heavy physical labor and will be unable to undertake his pre-accident activities of snowboarding and basketball as well as other sporting activities which require pivoting and putting force on the joints of the leg.

Craig's cognitive difficulties clearly have impacted the quality of life this young man has experienced thus far and they will most certainly impact his quality of life in the future.  He has required and will require more time completing tasks than he would if he had not been injured in the accident.  His impaired memory and problems with concentration and expressive speech will continue to impact his ability to make and enjoy relationships. 

Accordingly, Craig's claim is as follows:

Non Pecuniary Damages                     $275,000.00

Past Wage Loss                                   $  23,000.00

Loss of Future Income                        $350,000.00

Cost of Future Care                            $213,359.00

Special Damages                                 $     3,938.11

In Trust Claim                                     $  25,000.00

TOTAL:                                              $890,297.11

PLUS COSTS AND DISBURSEMENTS