RHE wins award of $594,372.77 in damages for client with Post-Traumatic Stress Disorder
RHE wins award of $594,327.77 in damages for 48-year-old man suffering from post-traumatic stress disorder (“PTSD”).
Trial Lawyers Jon Harbut and Tony Leoni were trial counsel for Mike Redmile, a 48-year old man who developed PTSD following a tragic highway accident. The $180,000 that was awarded for pain and suffering is one of the highest damage awards in B.C. history for PTSD.
To his credit, our client had continued working full-time since the Collision. As a result, ICBC argued that “there is no reason to believe Mr. Redmile will have future periods of unemployment “. The trial judge disagreed, and reaffirmed that a plaintiff “may indeed be able to prove that there is a substantial possibility of a future loss of income despite having returned to his or her usual employment.” The judge accepted that PTSD makes Mr. Redmile’s employment future uncertain, and awarded $425,000 in loss of capacity to earn income in the future, prior to an adjustment for mitigation.
This case is a useful precedent for injured persons who face the common ICBC argument that there is no future loss as the injured person has returned to employment.
The full reasons for judgement can be found here.