Zakrzewska v. Klein
The court accepted liability and, on the balance of probabilities, found the Accident caused chronic myofascial pain, persistent post‑traumatic headaches, concussion syndrome with symptoms of mild traumatic brain injury, moderate PTSD and major depressive disorder, and aggravated pre‑existing episodic migraines; the plaintiff's credibility was generally accepted and supported by lay and expert evidence; the defendant proved some mitigation failure but not to the extent argued, resulting in a 20% discount for mitigation; damages were assessed on accepted principles (including use of minimum wa…
Source excerpt
- Non-pecuniary damages
- Loss of earning capacity
- Cost of future care
- Credibility and reliability
- Concussion/mild traumatic brain injury
- Psychiatric injury (ptsd, major depressive disorder)