Traumatic Brain Injuries
Table of Contents
If a sudden, traumatic force causes a person’s brain to collide with the interior of their skull, they could develop traumatic brain injuries (TBIs). Many people sustain TBIs during motor vehicle collisions, slip and fall accidents, or other scenarios involving trauma to the head.
Depending on the injury’s severity, accident victims who have sustained TBIs can face physical, cognitive, emotional, and financial challenges for the rest of their lives. TBIs can have negative effects on all areas of an injured accident survivor’s life.
Because of the physical and cognitive side effects often associated with severe TBIs, many injured accident survivors find it impossible to continue performing the duties of their jobs. This inability to continue working and earning the wages to which they had become accustomed before their injurious accident can have a significant economic impact on an injured accident victim’s life.
The economic cost of TBIs is, perhaps, only equaled by the devastating human cost these types of injuries can have. Living with a TBI can mean adjusting to drastic physical changes, including vision loss, hearing loss, and dysphagia. Other common side effects include:
- Persistent headaches
- Loss of balance
- Nausea
- Vomiting
- Difficulty communicating
- Blurred vision
- Ringing in ears
- Sensitivity to light
- Loss of smell, or bad taste in the mouth
- Slurred speech
- Confusion or disorientation
- Mood swings
- Agitation
- Loss of sleep, or increased time sleeping
- Convulsions or seizures
- Depression
- And more
Some injured accident survivors may also experience language difficulties, including trouble speaking, reading or writing, as well as thought processing. Furthermore, cognitive and emotional changes following an accident causing a TBI may lead victims to experience social difficulties. They may have trouble interacting with family members, romantic partners, their social circle, and co-workers.
How an Ontario Personal Injury Lawyer May Be Able to Help
If you sustained a TBI in an accident on someone else’s property, in a motor vehicle collision caused by another driver’s negligence, or in another traumatic event resulting from someone else’s misconduct, our Ontario personal injury lawyers may be able to provide you with crucial legal assistance in your pursuit of accountability and compensation. By working with our personal injury lawyers serving all of Ontario, you may be able to file a civil claim against the at-fault party whose negligence caused you to sustain compensable injuries. As a result of legal action, you may be able to recover the compensation you rightfully deserve.
Our Ontario personal injury lawyers may also be able to provide you with assistance if your claim for long-term disability (LTD) benefits was denied by your insurance provider. Since medical imaging tests like CT scans or MRIs do not necessarily detect all forms of TBIs, many insurance providers deny LTD claims to policyholders, citing a lack of observable, objective medical evidence as their reasoning.
Many accident survivors who have sustained invisible injuries often face difficulties when submitting claims for LTD benefits. To learn more about how Preszler Injury Lawyers may be able to help you appeal your insurance provider’s unfair determination and to discuss other options for financial recovery that might be available to you, contact our Ontario personal injury lawyers today.
Contact Preszler Injury Lawyers
At Preszler Injury Lawyers, all prospective clients are provided with a free initial consultation. We appreciate that these circumstances can be stressful and overwhelming and do our best to offer beneficial legal advice about getting your life back in order. To learn more about how we may be able to help you, call 1-800-JUSTICE and take advantage of your free initial consultation.
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Personal Injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.