Brain Injury Lawyer Toronto

Under Ontario’s Statutory Accident Benefits Schedule, individuals who sustain injuries due to an accident may be eligible for fair compensation, regardless of who was at fault. Unfortunately, it’s hard for accident victims in Toronto to obtain the SABS benefits even for traumatic brain injuries.

The accident victims must jump through many hurdles for their brain injuries to be considered catastrophic injuries or impairment. Luckily, our traumatic brain injury lawyer is ready to fight aggressively to get you the compensation and care you need.

Acquired brain injury often occurs after birth when physical trauma impairs the brain’s function. Most TBIs fall under this category. Brain injury can also occur when brain damage develops before or during birth – in-born brain injury.

Regardless of whether a brain injury is in-born or acquired, personal injury law allows Canadians who have experienced a head or brain injury due to another party’s negligence to seek compensation. Be sure to consult a professional personal injury lawyer if you want to file a claim related to your head injury.

Traumatic Brain Injuries are often the result of significant external force – like a violent blow to the head (also known as head trauma). This can cause the brain to be forcefully shaken or strike the interior of the skull. This can result in damage to the brain’s delicate tissue leading to a range of symptoms. While TBIs can occur in various scenarios, several common causes are associated with these injuries.

Motor Vehicle Accident

Motor vehicle accidents are one of the leading causes of traumatic brain injuries. The sudden impact or rapid deceleration experienced during car accidents can result in the brain colliding with the skull, causing an injury.

Both the occupants of the vehicle and pedestrians involved in accidents can suffer from head injuries. Collisions involving large commercial trucks can also result in TBIs due to the sheer size and weight of the vehicles involved. Note that collisions involving many vehicles often have multiple negligent parties. Your personal injury lawyer can help you investigate the car accident or any other type of accident and determine who was at fault.

Motorcycle and Bicycle Accidents

Similar to automobile accidents, crashes involving motorcycles or bicycles can lead to TBIs due to the lack of protection for riders. The force of impact on the head from these accidents can cause severe head injuries, which may be considered traumatic.

Pedestrian Accidents

Pedestrians struck by vehicles or involved in falls can sustain traumatic brain injuries. The impact of a vehicle or the force of hitting the ground can cause significant trauma to the head and brain, which may result in an injury.

Slip and Fall Accidents

Slip and fall accidents, particularly at heights or on slippery surfaces, are a common cause of TBIs, especially among older adults and young children. The sudden impact of hitting the ground or objects can result in head injuries. Some of these injuries include skull fractures, memory loss, severe problems with speech, emotional distress, and more.

Sports and Recreational Accidents

Participation in high-contact sports and recreational activities such as football, boxing, or extreme sports increases the risk of TBIs. Collisions, falls, or impacts with equipment are common in these sporting activities and can cause brain injury.

Assault

Intentional acts of violence such as physical assaults, gunshot wounds, or blunt force trauma to the head can lead to TBIs. The impact of punches, kicks, or weapon strikes can cause significant damage to the brain.

Work and Construction Site Accidents

Falls from scaffolding, being struck by falling objects, or other workplace accidents can lead to TBIs among workers in various industries. Understanding the causes of TBIs is crucial for implementing preventive measures and promoting safety in various settings. Also, your personal injury lawyer can use the cause of the car accident or the incident that led to your injuries as a starting point during your case investigation.

Experienced brain injury lawyers understand the complex nature of brain injury diagnosis and will consider your long-term quality of life when representing you. They are your best option in assessing your claim and ensuring that you get fair compensation.

There’s a lot of literature on head and brain injury, and different terms may be used to describe these injuries. Beyond terms like concussions, seizure, and hypoxic, a key component to understanding the nature of the injuries you sustained in an accident is to understand the brain injury symptoms and their severity.

Brain injury classification (often based on its severity) will affect the treatment approach your medical and rehabilitation team will take. Also, it will affect how your claim will proceed within the legal system. Generally, physical trauma to the head can result in the following conditions:

Concussion

A concussion is a common form of traumatic brain injury resulting from a sudden blow or jolt to the head, causing the brain to rapidly move within the skull. It is characterized by a range of symptoms, including temporary loss of consciousness, confusion, headache, dizziness, and memory problems.

While concussions are typically considered mild, they can still have significant effects on cognitive function and overall well-being. Recovery from a concussion usually involves rest, cognitive and physical rest, and monitoring for any complications. Remember, concussion symptoms overlap with symptoms of other illnesses, which may seem minor. Therefore, it’s recommended to seek appropriate medical attention immediately after an accident.

Contusion

A contusion refers to a bruise on the brain, typically caused by direct impact or force to the head. This injury can result in bleeding and swelling within the brain tissue, leading to localized damage.

Depending on the severity and location of the contusion, surgical intervention may be necessary to remove blood clots or alleviate pressure on the brain. Contusions can vary in severity, with more severe cases potentially causing long-term neurological impairments.

Penetrating Injury

Penetrating traumatic brain injuries occur when an object pierces the skull and enters the brain tissue. These injuries can cause extensive damage to specific areas of the brain, often requiring immediate medical attention and emergency surgery to remove foreign objects, repair damaged tissue, and minimize further complications. Penetrating injuries can lead to a wide range of neurological impairments, depending on the extent and location of the damage.

Diffuse Axonal Injury

DAI is a severe brain injury resulting from the rapid acceleration or deceleration of the brain within the skull. This movement causes the tearing of nerve fibres (axons), leading to widespread damage throughout the brain. DAI commonly occurs in high-impact accidents such as car crashes or high-impact falls. The resulting cognitive, motor, and sensory impairments can be long-lasting and may require intensive rehabilitation to manage effectively.

Coup-Contrecoup Injury

A coup-contrecoup injury involves damage to two areas of the brain—one at the site of impact (coup) and another at the opposite side of the brain (contrecoup). This type of injury happens when the brain shifts forcefully inside the skull, banging the opposite side owing to the initial impact.

Second Impact Syndrome

This condition is also known as post-concussion syndrome and occurs when you sustain a second concussion before fully recovering from the first one. This rapid succession of brain injuries can result in severe brain swelling and dysfunction, leading to potentially life-threatening consequences such as coma or death.

Prompt diagnosis and management of concussions are crucial to preventing the post-concussion syndrome. This underscores the importance of appropriate rest and medical supervision following a head injury.

Further TBI Classification

Depending on the nature of your head and brain injury, your doctor may use imaging techniques such as CT scans or MRIs to assess the severity of your injury. These imaging methods can show bleeding within the brain, which may include subarachnoid hemorrhages, subdural hemorrhages, epidural hemorrhages, and intraparenchymal hemorrhages.

A medical specialist can also perform other tests to understand the full scope of your brain injuries. These tests include the Glasgow Coma Scale test, Ranchos Los Amigos Scale test, Glasgow Outcome Scale test, Neuropsychological test, and more. At some point, your brain injury will be classified by your medical team as mild, moderate, or severe head and brain injuries.

Mild Traumatic Brain Injury

A mild traumatic brain injury is considered the least severe injury, and minor concussions fall under this category. Your physician will assess the symptoms of your injury, including temporary loss of consciousness, inability to remember events before or after the incident, and more.

Moderate Traumatic Brain Injury

Moderate traumatic brain injuries are more severe than mild brain injuries. Medical specialists classifying a moderate brain injury will assess a mild injury checklist and other aspects that indicate a serious injury to the brain. For instance, suppose you had amnesia lasting up to seven days, a GCS score between 9 and 12, abnormal brain imaging results, and had to stay in a hospital for more than two days. Your head and brain injuries may be considered moderate.

Severe Traumatic Brain Injury

In some cases, a patient may suffer severe traumatic brain injuries. Medical experts classifying these injuries will assess the imaging results. They will also consider whether your loss of consciousness exceeded 24 hours, you had amnesia for more than seven days, and a GSC score of 9 or below.

Ensure you Get Fair Compensation for Traumatic Brain Injuries

The Insurance Act outlines the SABS – Statutory Accident Benefits Schedule – Ontario’s framework that guides the calculation of the compensation amount available for victims of TBIs. To get fair compensation for the damages associated with the accident that caused your injuries, you will need to prove brain injury caused catastrophic impairment.

According to the recent criteria for catastrophic impairment, a ‘catastrophic’ designation must be confirmed by both the Glasgow Outcome Scale test and medical imaging. The latter must offer objective proof that your traumatic brain injury resulted in the following conditions:

• A vegetative state a month or more after the incident
• Lower or upper disability for six months or more after the accident
• A lower moderate disability for 12 months or more after the accident

Without a team of experienced lawyers, proving your brain injury fits these criteria can be quite challenging. This is because the acceptable medical imaging needed varies based on the type of brain injury sustained. For example, a patient with cerebral edema requires a different imaging scan from an individual with an intracranial contusion.

Some victims who may have sustained brain injuries may not have immediate access to the imaging technology needed to diagnose their injuries. This can limit their ability to get timely and appropriate treatment. Delays in the treatment and management of a traumatic brain injury can worsen it. Furthermore, your insurance company may argue that you aren’t taking your injuries seriously.

Note that the Glasgow Outcome Scale test can only be used six months after the accident to evaluate the outcomes of a head injury by degree of recovery. This may mean you will undergo this assessment after six or 12 months after the accident.

Suppose there is a disagreement between you (an accident victim) and your insurer over the standard that should apply. In that case, the assessment may need to be repeated later. This can delay your traumatic brain injury claim process and your ability to get fair compensation. With the help of a team of experienced lawyers, it becomes easier to calculate the amount of compensation you are entitled to and file a claim on time.

File a Traumatic Brain Injury Claim

Pursuing a traumatic brain injury claim takes time and a considerable amount of resources. That’s why you need a reliable law firm whose lawyers are knowledgeable, experienced, and have access to the resources you need. Remember, the amount of compensation you get can help pay your medical bills, future attendant care, fees associated with your personal injury lawsuit, and more.

Our team of lawyers can help you gather the evidence and information you need to build a strong compensation claim. They can guide you throughout your personal injury claim, from the moment you schedule a free consultation up to the time you get full compensation. Indeed, our lawyers will deal with your insurer, fight for your rights, and protect your interests while you focus on recovering.

If your insurance company denies the ‘catastrophic’ designation of your injuries in an attempt to lowball your claim, our lawyers can get your injuries re-assessed. If settlement negotiations aren’t successful, our legal professionals aren’t afraid of taking your claim to trial. We will provide the legal counsel, support, and services you need to get the amount of compensation you deserve.