Neurological Injuries
Table of Contents
People who are involved in bicycle accidents, motor vehicle collisions, slips and falls from great heights, motorcycle accidents, and other unpredictable circumstances run the risk of sustaining traumatic neurological injuries. Unlike genetic neurological disorders, acute neurological injuries are caused by physical trauma.
Many neurological injuries are the result of trauma to an accident victim’s head, resulting in traumatic brain injuries (TBIs). Depending on their level of severity, TBIs can have profound, all-encompassing effects on an accident survivor’s personal, professional, and social life. In addition to the physical effects arising from these forms of brain damage– which can include persistent headaches, vision and hearing loss, and dysphagia– TBIs often cause afflicted individuals to experience drastic cognitive and behavioural changes. Neurological injuries, therefore, can adversely impact the way affected accident survivors think and act. Common examples of this include:
- Brain fog
- Difficulty communicatingÂ
- Confusion or disorientation
- Trouble processing information
- Mood swings
- Agitation
- And more
While neurological injuries often impact the brain and its functions, they can also include traumatic injuries of the spinal cord, skull, and peripheral nerves. Neurological injuries can also affect other areas of the body, including muscles, organs, bones, and blood vessels. Some common physical symptoms of neurological injuries include:
- Convulsions
- Muscle spasms
- SpasticityÂ
- Weakening of muscles
- Difficulty breathing
- And more
If you were injured in an accident caused by someone else’s negligence and are suffering from neurological injuries as a result, consider booking a free initial consultation with our Ontario personal injury lawyers. Depending on the manner in which your neurological injuries were sustained and the impact they have had on your overall quality of life, you might be entitled to compensation. To learn more, call 1-800-JUSTICE.
The Financial Cost of Neurological Injuries
According to the Canadian Journal of Neurological Sciences, lifetime treatment costs for people who have sustained TBIs can be anywhere between $600,000 – $1.8 million. However, this figure only takes into consideration costs related to medical care. The truth of the matter is that many people suffering from neurological injuries find it impossible to continue working within their chosen professions, and often incur losses of up to 10 times the cost of their medical care in lost wages and reduced future earning capabilities.Â
If your injury was the result of someone else’s negligence, the at-fault party may be liable for damages you have incurred as a result. These damages could be economic and non-economic in nature, depending on the severity of your injuries. By working with our personal injury lawyers serving Ontario, you may be able to recover damages for:
- Medical expenses
- Pain and suffering
- Rehabilitation costs
- Attendant Care
- Ongoing medical care/in-home care
- Lost wages
- Loss of future earning capacity
- Adjusted living expenses
- And possibly more
Schedule Your Free Initial Consultation Now
After sustaining neurological injuries in a sudden, unexpected, traumatic event, it can be difficult to know just what to do next and where to turn to find accountability and compensation. During a free initial consultation, our Ontario personal injury lawyers will be able to discuss the circumstances of your accident with you and provide personalized, case-specific legal advice about options for financial recovery that might be available.
To learn whether you might be eligible to pursue a civil claim to recover compensation for your neurological injuries, contact Preszler Injury Lawyers.
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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.