$840KUninsured motorist claim, traumatic brain injury

Our client was struck head-on by a driver who crossed the centre line and left the scene. The vehicle was recovered days later; it was unregistered and uninsured. That left her own uninsured motorist coverage as the only source of recovery.

She sustained a moderate traumatic brain injury with no loss of consciousness documented at the scene, which her own carrier used to argue that her ongoing symptoms were unrelated.

We arranged neuropsychological testing and compared the results against her pre-injury work product as a project manager — performance reviews, written reports, and a certification exam she had passed the year before.

The testing showed a marked deficit in processing speed and working memory. Her employer testified to the change directly, describing missed deadlines and a demotion in a role she had held for nine years.

The uninsured motorist claim was submitted to binding arbitration under her policy. The arbitrator awarded $840K, near the limit of her coverage.

She continues cognitive rehabilitation and works reduced hours. The award addressed her treatment costs and the earning capacity lost to a permanent cognitive deficit.