Is a plaintiff entitled to compensation if he sustained a permanent brain injury?
British Columbia, Canada
The following excerpt is from Wilby v. Hyatt, 2008 BCSC 1019 (CanLII):
Huddart J.A. expressed a similar sentiment in Rosvold v. Dunlop, 2001 BCCA 1 at ¶8: Where a plaintiff's permanent injury limits him in his capacity to perform certain activities and consequently impairs his income earning capacity, he is entitled to compensation. What is being compensated is not lost projected future earnings but the loss or impairment of earning capacity as a capital asset.
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