What is the test for determining whether a plaintiff has sustained a permanent brain injury?
British Columbia, Canada
The following excerpt is from Sharma v Bhullar, 2020 BCSC 379 (CanLII):
Where, as here, the plaintiff seeks an award of damages based upon the permanency of an injury or functional incapacity, it is incumbent upon her to demonstrate the permanency of her injuries with cogent evidence. The court is entitled to rely on common sense to determine if there is a real and substantial possibility of future loss of income: Morlan v. Barrett, 2012 BCCA 66 at para. 41.
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