A driver T-boned on Westminster Highway in 2017 and in a second T-bone crash in 2018 was left with a mild traumatic brain injury, neck and back injuries, depression and PTSD; the court awarded $220,000 for pain and suffering and $3,227,480 in total. A woman hurt in crashes in 2017 and 2018 who needed a concussion clinic received $175,000 and $1.5 million for lost future earning capacity.
Facts that decide a head & brain claim in British Columbia
Earning capacity dominates
In serious brain injury cases the largest item is usually lost earning capacity, not pain and suffering; in Frazer it was $1.5 million.Frazer v. Allan, 2025 BCSC 482
Two crashes, one award
Where both drivers admitted liability, the court did not have to divide the injuries between the 2017 and 2018 crashes.Poonia v. Yazzie, 2025 BCSC 1334
On February 12, 2017, Sandeep Poonia was driving on Westminster Highway when his car was T-boned; he has very little memory of the crash. On December 22, 2018, he was in a second T-bone collision. Liability for both was admitted. He claimed a mild traumatic brain injury, neck and back injuries, depression, PTSD and anxiety. The court awarded $220,000 and $3,227,480 in total.
$175,000 non-pecuniary; $1.5 million earning capacity
The plaintiff, who grew up in Langley, was injured in crashes on October 4, 2017 and November 29, 2018. Liability was admitted. She attended a concussion clinic and described having only so much energy each day. The court awarded $175,000 for pain and suffering, $1.5 million for lost future earning capacity, $232,019 for future care and $60,000 for housekeeping capacity.
★ BC · head & brain · in practice
What changes the number here.
What actually moves a head & brain settlement in British Columbia.
1
Ask for neuropsychological testing; it supports both the diagnosis and the earning capacity claim.
2
Keep a daily log of fatigue and memory problems.
3
Two crashes can be tried together so the court need not split the injuries.
★ BC · statute of limitations
2 years from discoverability
Limitation Act, S.B.C. 2012, c. 13
★ BC · fault rule
Common-law contributory reduction
Contributory negligence reduction under the Negligence Act, R.S.B.C. 1996, c. 333.
★ BC · caps
What caps recovery.
Statutory caps that may bear on a head & brain settlement in British Columbia.
Andrews cap (non-pecuniary)
Non-pecuniary loss
about C$470,000 in 2025
Andrews trilogy
★ head & brain · same region & fault regime
Compare to like jurisdictions.
How British Columbia's fault rule and limitation period compare to jurisdictions in the same Canada region and to those running the same fault rule for head & brain claims.
Each answer is independently coherent and references the relevant statute or authority document.
How much is a brain injury worth in BC?
Poonia (2025) received $3,227,480 in total, including $220,000 for pain and suffering.
What is the biggest part of a brain injury award?
Usually lost earning capacity; Frazer received $1.5 million for it.
How long do I have to sue?
Two years from discovery under the Limitation Act.
What is the statute of limitations for head & brain claims in British Columbia?
2 years from discoverability. Source: Limitation Act, S.B.C. 2012, c. 13. Filing after the period expires generally bars the claim absent a tolling exception.
Figures on this page are not quotes for any specific case. For representation, consult a lawyer licensed in British Columbia. See /methodology, /sources, and /disclaimer.
