Crash Victim Receives First Ever Award for Future Surrogacy

The Supreme Court of British Columbia has awarded a woman from Surrey, BC financial compensation for the future cost of surrogacy because of a car crash that left her unable to bear children, according to a CBC news story.

The case is significant because there had been no precedent in British Columbia of the ICBC paying a personal injury victim for surrogacy costs or compensation of any kind specifically for lost fertility.

In August 2011, Mikaela Wilhelmson, now 27 years old, was the lone survivor of a two-car fatal accident. An intoxicated driver traveling in the wrong direction on a road collided into the car in which she was a passenger. The incident killed the intoxicated driver, as well as two of the three occupants of the vehicle Wilhelmson occupied, one of whom was her then-fiancé.

Wilhelmson suffered fractured vertebrae, fractured ribs, a ruptured bowel and numerous other injuries to her internal organs. She spent over two months recovering from her injuries in hospital and approximately five years rehabilitating, including undergoing about 20 surgeries.

She is able to conceive a child, but her spinal and abdominal injuries make it too difficult for her to ever give birth safely.  The provincial Supreme Court awarded her $4 million form the public insurer, including $100,000 for future surrogacy costs.

The judge awarded Wilhelmson the legal cap for pain and suffering as well as various kinds of financial compensation for the catastrophe she has had to live through, in addition to the precedent-setting surrogacy award.

This story highlights the difficult pain and suffering many car crash victims in Metro Vancouver and BC experience.  Fighting ICBC to guarantee a fair financial compensation can be a long battle sometimes that requires all the help you can get from experienced legal professionals. If you think you might need a personal injury lawyer, contact BLW Lawyers today for a free consultation. Call us at 604-689-3883 or email us at for more information.

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