Are Traumatic Brain Injury Victims Getting The Compensation They Deserve?

By Pace Law | May 12, 2019

Brain injuries are amongst the most serious injuries a human being can suffer. Over 50,000 Canadians suffer brain injuries every year, and Ontario alone sees 12,000 victims who sustain a brain injury. Though there have been significant advances in diagnosing and treating brain injuries, there remain many mysteries about the human brain that modern medicine has yet to unravel.

Traumatic brain injuries are caused by the victim experiencing a sudden impact, which typically involves contact with the head, but may result even when the head has not been impacted. The location, force, and type of trauma all determine the nature of the brain injury a person suffers. As experienced brain injury lawyers, we have seen brain injuries that have resulted from sporting accidents, motor vehicle collisions, slipping and falling, objects impacting the head, and sudden acceleration-deceleration of the body in which the head has not been impacted.

Depending on the severity and nature of injury, people can experience a variety of symptoms. Changes in behaviour, loss of coordination, vomiting, pupil dilation, fluid flow from the nose and ears, unconsciousness, confusion, loss of control over bodily functions, and speech slurring can all indicate traumatic brain injury.

 

Brain Injury Lawyers Toronto

Most common causes of brain injury

The Ontario Brain Injury Association reports that of all brain injuries recorded in 2012, 40 percent resulted from car accidents. In fact, car accidents are the largest single source of traumatic brain injury cases in Canada. That number rises to over half of all traumatic brain injuries once wider road accidents are included; such as, accidents involving pedestrians, cyclists, and other road users. As a Toronto personal injury law firm, we have represented clients on matters arising out of such accidents, and helped them with insurance claims, personal injury lawsuits, and long-term disability benefits.

The need for immediate medical care

Traumatic brain injuries require immediate medical attention. Delays in addressing internal bleeding and concussion can significantly aggravate the injury, and even result in death. The exacerbation of a brain injury due to delayed treatment happened to Donald Thomas, a resident of New Brunswick who suffered a severe brain injury as a result of a motor vehicle accident in 2005. Although he was transported to a small medical facility after the accident, Mr. Thomas had to wait 15 hours before receiving treatment for his injuries.

The Thomas case prompted the province to set-up trauma care infrastructure, including a new helpline and a policy under which hospitals could not refuse treatment to those who sustained a brain injury. That case has been reopened, with Mr. Thomas initiating a $50 million claim against the province of New Brunswick for its alleged negligence in delaying treatment and, consequently, exacerbating his injuries.

How a Toronto brain injury lawyer should advocate for victims

Brain Injury LawyersAs a Toronto brain injury law firm that has handled numerous brain injury cases, we know that courts have to be persuaded to be mindful of the severity of brain injuries. The consequences of brain injuries impact not only the victim, but also loved ones who will have to undertake caregiving duties. Every brain injury accident is unique—from mild traumatic brain injuries causing temporary symptoms to those severe traumatic brain injuries that result in life-altering impairments.

The courts’ decisions indicate the necessity of adopting a holistic view of the injury and approach to the individual’s medical treatment.

 

How an experienced brain injury lawyer can help you

The role of any brain injury lawyer in Toronto is extremely important in cases involving traumatic brain injury. Arbitrating with insurance companies to arrive at a fair and reasonable amount of compensation for the victim requires legal representatives who possess the medical expertise, legal knowledge and experience, and the credibility that is gained by representing clients vigorously.

Victims cannot simply rely on institutions and agencies to compensate them for their injuries and to look after their well-being in the long-term. As a reputed Toronto brain injury lawyers, we have fought for clients to receive the medical treatment and financial support they need. We work to ensure that your long-term rehabilitation is not compromised.

With nearly 40 years of experience as brain injury lawyers, Toronto trusts us to represents clients effectively in brain injury insurance claims and lawsuits. Our lawyers have access to the resources, experienced medical professional knowledge, and technical expertise to make sure that we provide strong representation of your interests and achieve the results that you deserve.