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★ Canada · head & brain

Head & brain claim values
in Canada.

By Reviewed by Abd Shanti, Founder9 min read

Concussion through to traumatic brain injury. Bands on this page show typical settlement values for head & brain cases across the relevant severity tiers; each names its source or is marked as a MyClaimWorth estimate. The position within a band depends on facts the page can't see: severity, prognosis, recovery time, the strength of medical evidence, and any percentage of fault attributed to the claimant under Canada's comparative-fault rule.

★ typical band · Canada
C$200,000 to Andrews cap
Severe traumatic brain injury
★ head & brain severity tiers in Canada

How the band stratifies.

Multiple severity tiers exist for this injury class. Each row names its source or is marked as a MyClaimWorth estimate.

Head & brain severity tiers in Canada
Severity tierBand
Concussion / mild TBIC$30,000 to C$120,000MyClaimWorth estimate
Severe traumatic brain injuryC$200,000 to Andrews capMyClaimWorth estimate
★ statute of limitations
2 years (most provinces); 3 years (Quebec)

Provincial Limitations Acts; Civil Code of Québec art. 2925

Discoverability rule applies in all provinces. Special rules apply for minors, persons under disability, and claims against public authorities.

★ fault allocation
Comparative, provincial Negligence Acts

Each province's Negligence Act apportions damages by percentage of fault. There is no bar threshold; even a claimant found 99% at fault recovers 1% of damages, subject to the Andrews cap on the non-pecuniary head.

★ caps that bear on this injury

What caps recovery.

Statutory caps and ceilings that apply to head & brain damages in Canada.

★ Canada · procedural pathway

From injury to settlement.

The steps a head & brain claim moves through under Canada law, from medical stability to settlement.

  1. 1
    Notice of claim

    Many provinces require formal notice to ICBC, MPI, SGI, or SAAQ within tight time windows for motor-injury claims.

  2. 2
    Accident benefits

    First-party benefits (SABS in Ontario, equivalent in other provinces) are generally claimed before tort.

  3. 3
    Pleadings

    Statement of claim and defence, with case management timetable in most provinces.

  4. 4
    Examination for discovery

    Oral discovery of the parties; extensive document production.

  5. 5
    Mediation

    Mandatory in many provinces (Ontario in Toronto, Ottawa, and Essex; Saskatchewan QB; Alberta JDR).

  6. 6
    Pre-trial conference

    Costs and issues narrowed; settlement often pushed at this stage.

  7. 7
    Trial or settlement

    Most cases settle. Trial damages are awarded by a judge in most provinces; jury trial available in Ontario and several others.

★ head & brain · reported decisions

What courts have awarded for head & brain.

Head & brain decisions from British Columbia we have researched, each linked to the judgment and to the local guide.

★ head & brain · place by place

The local picture.

How head & brain claims play out in each place we have researched in full.

British Columbia

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.

the full British Columbia guide →
★ head & brain · local rules

How the rules differ by place.

A rule that shapes head & brain claims in each place, with its source.

British ColumbiaEarning capacity dominatesIn 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
★ head & brain bands · all 15 jurisdictions

Compare to other countries.

How this injury values across the other jurisdictions on the site. Click any country to read the deeper context.

JurisdictionBand
United States$500,000 to multi-millionMyClaimWorth estimate
United Kingdom£372,570 to £533,720MyClaimWorth estimate
Ireland€300,000 to €550,000Personal Injuries Guidelines: severe and most severe brain damage
Canada· you are hereC$200,000 to Andrews capMyClaimWorth estimate
AustraliaAU$300,000 to AU$750,000+MyClaimWorth estimate
Spain€200,000 to €400,000+MyClaimWorth estimate
Italy€300,000 to €1,000,000+MyClaimWorth estimate
Germany€200,000 to €800,000+MyClaimWorth estimate
France€300,000 to €1,000,000+MyClaimWorth estimate
New ZealandACC entitlements scaled to assessed impairmentSerious-injury claims attract rehabilitation and attendant-care entitlements rather than a lump-sum damages figure.
SingaporeS$300,000 to S$1,000,000+MyClaimWorth estimate
Hong KongHK$2,000,000 to HK$3,000,000+MyClaimWorth estimate
Japan¥18,000,000 to ¥80,000,000+MyClaimWorth estimate
South Korea₩300,000,000 to ₩1,000,000,000+MyClaimWorth estimate
TaiwanNT$3,000,000 to NT$10,000,000+MyClaimWorth estimate
★ Canada · head & brain · frequently asked

Common questions.

Each answer stands on its own and draws on the documents named on this page.

★ editorial note

Numbers on this page are starting points, not quotes for any specific case. For representation, consult a solicitor or attorney qualified in Canada. See /methodology for how each band is derived, /sources for the standing authority list, and /disclaimer for the scope statement.