Traumatic brain injuries (TBIs) are among the most devastating and life-altering events that a person or their loved ones can experience. The physical, emotional, and financial toll of a TBI can be overwhelming, leaving families struggling to cope with the aftermath. If you or someone you love has suffered a brain injury due to the misconduct or negligence of another party, it is crucial to understand your legal rights and the options available to you.
A traumatic brain injury can fundamentally change the course of an individual’s life, affecting their ability to work, maintain relationships, and engage in the activities they once enjoyed. The impact of a TBI extends far beyond the injured person, profoundly affecting the lives of their spouse, children, and other family members. Spouses may find themselves taking on new roles as caregivers while also dealing with the emotional distress of seeing their loved one’s personality and abilities altered by the injury. Children may struggle to understand the changes in their parents. They may require additional support to cope with the emotional and practical challenges of having a family member with a TBI. The financial implications of a brain injury can be equally devastating, with mounting medical bills, lost wages, and the ongoing costs of rehabilitation and assistive devices placing a tremendous strain on families already coping with the emotional impact of the injury.
The road to recovery after a TBI can be long and challenging, but you don’t have to face it alone. If someone else’s carelessness caused your injury, you have the right to seek the financial compensation you deserve. Our skilled Hamilton brain injury lawyers will fight tirelessly on your behalf to ensure that you receive the resources you need to cover lost wages, medical expenses, and the ongoing costs of rehabilitation and care. We will also seek compensation for your pain and suffering, acknowledging the emotional and psychological toll that a TBI can take on you and your loved ones.
If you or a loved one has suffered a brain injury due to someone else’s negligence, we invite you to read on and learn more about how we can help you on your path to recovery.
Severe traumatic brain injuries (TBIs) are life-altering events that can have devastating consequences for both the injured individual and their loved ones. These injuries occur when a significant external force causes substantial damage to the brain, often resulting from high-impact incidents such as serious car accidents, falls from heights, or acts of violence.
The effects of a severe TBI can be immediate and catastrophic, setting the stage for a challenging and uncertain future. Upon impact, the individual may lose consciousness, experience seizures, or even fall into a coma. In the aftermath of the injury, they may face a range of physical, cognitive, and emotional impairments that can profoundly affect every aspect of their life.
Physically, a severe TBI can cause paralysis, loss of sensory function, and difficulties with balance and coordination. The injured person may require extensive medical treatment, surgeries, and long-term rehabilitation to regain even a portion of their former abilities. In some cases, they may need lifelong assistance with daily activities and personal care.
Cognitively, severe TBIs can lead to significant memory loss, difficulty processing information, impaired judgment, and trouble with communication. These challenges can make it difficult for the individual to return to work, maintain relationships, and engage in the activities they once enjoyed. They may need ongoing therapy and support to adapt to their new limitations and relearn essential skills.
Emotionally, the impact of a severe TBI can be equally profound. The injured person may experience drastic personality changes, increased irritability, depression, anxiety, and post-traumatic stress disorder (PTSD). These emotional challenges can strain relationships with family and friends, leading to feelings of isolation and helplessness.
The road to recovery after a severe TBI is often long, uncertain, and filled with obstacles. The injured person and their loved ones may face mounting medical bills, loss of income, and the need for extensive support services. The financial burden can be overwhelming, compounding the emotional stress of the situation.
It is crucial for individuals who have suffered a severe TBI due to someone else’s negligence to seek the guidance of experienced legal professionals. A skilled brain injury lawyer can help them navigate the complex legal process, secure the compensation they deserve, and access the resources they need to rebuild their lives in the wake of this devastating injury.
Traumatic brain injuries (TBIs) can have life-altering consequences, affecting an individual’s cognitive abilities, physical functioning, and emotional well-being. Our Hamilton Brain Injury Lawyers understand the importance of educating family members about the common causes and risk factors associated with severe brain trauma. What are the most common causes of traumatic brain injuries that we see?
In our opinion, car accidents are a leading cause of traumatic brain injuries, with certain types of collisions posing a higher risk for severe brain trauma. Two of the most dangerous types of crashes are:
T-bone Accidents: Also known as side-impact collisions, these accidents occur when the front of one vehicle strikes the side of another, forming a “T” shape. T-bone accidents often happen at intersections when one driver fails to yield the right of way or runs a red light. The lateral force of the impact can cause the occupant’s head to violently strike the window or side pillar, leading to skull fractures, intracranial hemorrhage, and diffuse axonal injury. Even with side-impact airbags, the brain can still suffer significant trauma due to the sudden acceleration and deceleration forces.
Head-on Collisions: These frontal impact crashes occur when two vehicles collide directly, front-to-front. Head-on collisions are often the result of a driver veering into oncoming traffic due to distraction, fatigue, or impairment. The immense force generated by the combined speed of both vehicles can cause severe whiplash, where the head is rapidly thrown forward and then back, leading to brain injury. Airbags and seatbelts can help mitigate the impact, but the brain can still be subjected to dangerous rotational forces, causing shearing of neural connections and widespread damage.
In both t-bone accidents and head-on collisions, the brain is particularly vulnerable to injury due to its soft, gelatinous nature. The sudden change in velocity and direction can cause the brain to move within the skull, leading to bruising, bleeding, and tearing of delicate neural tissue. These traumatic injuries can result in a range of cognitive, physical, and emotional impairments that may require extensive medical treatment and rehabilitation.
Motorcycle Accidents: Motorcycle accidents are a leading cause of severe traumatic brain injuries due to the lack of protective structure compared to cars or trucks. While wearing a DOT-approved helmet is crucial and can significantly reduce the risk of head injury, studies show that the forces involved in a high-speed motorcycle crash can still cause traumatic brain injury, even with proper helmet use. In a severe collision, the rider may be thrown from the vehicle, causing their head to strike the pavement or other objects with tremendous force, resulting in skull fractures, intracranial hemorrhage, and diffuse axonal injury. The severity of the injuries can vary depending on factors such as speed, angle of impact, and presence of hazards. In the event of a severe motorcycle accident caused by another party’s negligence, it is essential to consult with an experienced Hamilton Brain Injury Lawyer to protect your rights and ensure proper compensation for your injuries and ongoing medical needs.
Bicycle Accidents: Bicycle accidents can result in severe traumatic brain injuries, even when riders wear helmets. In high-speed collisions or accidents involving motor vehicles, the force of impact can cause the brain to move within the skull, leading to bruising, bleeding, and tearing of neural tissue. Cyclists can also suffer from diffuse axonal injury, where the brain’s long connecting fibres are sheared due to sudden acceleration and deceleration. While wearing a helmet is essential and can help reduce the risk of skull fractures and other head injuries, it may not always prevent traumatic brain injuries in serious accidents. If you or a loved one has been involved in a severe bicycle accident caused by another party’s negligence, consulting with a knowledgeable Hamilton Brain Injury Lawyer is crucial to protect your rights and secure the compensation you deserve for your injuries and ongoing medical needs.
Pedestrian Accidents: Pedestrian accidents can lead to devastating traumatic brain injuries, as individuals are entirely unprotected when struck by a moving vehicle. The force of impact can cause the pedestrian’s head to violently strike the car, the ground, or nearby objects, resulting in severe head trauma. Common injuries include skull fractures, intracranial hemorrhage, and contusions. The brain can also suffer from diffuse axonal injury, where the brain’s long connecting fibres are sheared due to the sudden change in velocity and direction. The severity of the injury depends on factors such as the speed of the vehicle, the angle of impact, and the pedestrian’s age and overall health. If you or a loved one has suffered a traumatic brain injury as a result of a pedestrian accident caused by another party’s negligence, it is essential to seek the guidance of an experienced Hamilton Brain Injury Lawyer to protect your rights and secure the compensation you deserve for your injuries and ongoing medical needs.
There are many types of possible brain injuries, but some are more common when an individual is involved in an accident. These include:
Contusions. A contusion is when an impact on the head leaves a bruise on a specific brain area. This is also known as a coup or countercoup injury. In coup injuries, the brain is injured directly under the point of impact, while in countercoup injuries, the brain is injured on the opposite side of the effect. Contusions are focal injuries – the injury is not spread out (diffuse) but specific to a location. Focal injuries will have different symptoms based on the region of the brain.
Skull fractures – There are four common types of skull fractures:
Intracranial hematomas (ICH). When a blood vessel in the brain is ruptured, bleeding starts and the blood naturally clot. Sometimes, these hematomas are very small. When a hematoma is large, it might compress the brain. Symptoms will depend on the location of the hematoma; hematomas are named for their area. A hematoma that forms between the skull and the dura (the tough outermost membrane enveloping the brain and spinal cord) is called an epidural hematoma. When the hematoma forms between the brain and the dura, it is called a subdural hematoma. When the hematoma forms deep inside the brain, it is named an intracerebral hematoma. Under fortunate circumstances, the body will reabsorb the hematoma. Large clots (hematomas) are periodically removed by surgery.
Some types of intracranial hematomas are:
Diffuse axonal injury (DAI). Axons, which compose what is also known as the brain’s white matter, connect nerve cells throughout the brain. The nerve axons are torn and damaged when the brain reverberates (quickly moving back and forth inside the skull). During a car accident or when a pedestrian is hit by a car, for example, rapid rotation or deceleration of the brain can cause stretching of these nerve cells on a cellular level. The brain’s standard transmission of signals (information) is disrupted, dramatically impacting the person’s alertness and wakefulness.
Ischemia. Another form of diffuse injury happens when certain parts of the brain are cut off from an adequate supply of blood. A marked decrease in blood supply is especially perilous for a brain injury victim because the brain becomes extremely sensitive with even the smallest decreases in blood supply after a traumatic injury. Changes in blood pressure during the first week post-head injury can have adverse effects.
Second Impact Syndrome (SIS). This causes the brain to swell catastrophically. SIS is not strictly speaking a type of injury, but rather an extreme response of the brain to a second blow to the head/brain (even a very mild blow) after a first impact already changed the brain’s functioning and left it in a vulnerable state. This second impact can happen within seconds of the first or up to a few days later. A second blow to the head during concussion triggers a series of metabolic events that might start within 15 seconds. One of the ramifications is a massive increase in blood flow due to a loss of autoregulation of the brain’s blood vessels. Considerable increases in intracranial pressure follow, and this might cause cerebellar herniation (the brain is squeezed past structures within the skull), which is often fatal.
Seeking medical attention is the first thing that should occur after someone suffers a traumatic brain injury. Proving that your brain injury is related to the accident caused by the negligent party is essential for your case. Medical treatment should begin immediately after receiving a diagnosis from a physician.
A doctor may diagnose a brain injury using several methods. Your physician may use one or all of the following procedures: brain imaging testing, interviewing the patient, and the Glasgow coma scale.
Brain imaging is used in medical research and neurocognitive analysis. Two primary tools a doctor can use to diagnose a traumatic brain injury are an MRI and a CT scan. MRI stands for magnetic resonance imaging, and CT stands for computed tomography.
Doctors use these tests, along with X-rays, to examine the brain’s physical condition. They typically search for bleeding, swelling, or bruising. An MRI photographs the brain, and physicians use these images to assess the recovery stages that occur after a traumatic brain injury.
A physician may also interview a patient who suffered a traumatic brain injury. As the doctor questions the patient, the doctor will test the patient’s speech, memory, and cognitive skills. This is often one of the initial methods a physician will use to determine the condition of a patient who suffered a mild traumatic brain injury.
The Glasgow coma scale is a more complex test of a patient’s physical and mental condition that involves having the patient move their limbs, follow specific instructions, and speak. A doctor may test a patient’s hand-eye coordination or ask the patient to follow the doctor’s finger with his or her eyes.
After performing a series of tests, a physician may diagnose a traumatic brain injury as a concussion. The treatment plan for a concussion will be different if the doctor diagnoses a traumatic brain injury as a hematoma or a skull fracture.
A Hamilton brain injury lawyer will help you collect the medical records and reports you need to help support your case.
After a severe accident, CT head and MRI scans are typically used to measure changes in TBI’s anatomical or physiological parameters. These include hemorrhage, edema, vascular injury, and intracranial pressure. There are different kinds of brain injuries – with the two most common being traumatic and acquired. A traumatic brain injury (TBI) is caused by an external force, such as a hard impact or hit to the head. The impact causes the brain to move inside the skull, which can damage the brain. The Mayo Clinic tells us that with a TBI, a person may experience the following symptoms:
Individuals who have suffered a severe traumatic brain injury may experience a wide range of symptoms that can significantly impact their daily lives. As a knowledgeable Hamilton Brain Injury Lawyer, it is essential to understand these symptoms to better advocate for clients and ensure they receive the support they need.
Some of the most common symptoms associated with a severe brain injury include:
Cognitive impairments: Difficulties with memory, attention, concentration, and executive functions such as planning, organizing, and problem-solving.
Physical symptoms: Headaches, dizziness, fatigue, weakness, sensory changes, and problems with balance and coordination.
Communication difficulties: Challenges with speaking, writing, or understanding language, as well as difficulty expressing thoughts and emotions.
Emotional and behavioural changes: Depression, anxiety, irritability, aggression, impulsivity, and mood swings.
Sleep disturbances: Insomnia, excessive sleepiness, or changes in sleep patterns.
Seizures: Development of post-traumatic epilepsy, which can occur weeks, months, or even years after the initial injury.
Sensory problems: Changes in vision, hearing, taste, smell, or touch sensitivity.
Motor impairments: Weakness, paralysis, or difficulty with fine motor skills and coordination.
Bowel and Bladder Incontinence: Severe brain injuries can lead to significant complications, including bowel and bladder incontinence, which profoundly impacts the quality of life and requires specialized care and management.
Severe brain injuries can result in difficulties with walking and ambulation, often requiring extensive rehabilitation and the use of assistive devices to help regain mobility and independence.
These symptoms can range from mild to severe and may persist for extended periods, significantly impacting an individual’s quality of life. It is crucial for family members to be aware of these potential symptoms and to seek the guidance of an experienced Hamilton Brain Injury Lawyer to ensure their loved one receives the necessary medical care, rehabilitation, and support services to manage their condition effectively.
Moreover, the long-term management of these symptoms can place a substantial financial burden on the injured individual and their family. A skilled brain injury lawyer can help clients pursue the compensation they deserve to cover the costs associated with ongoing medical treatment, therapy, and other necessary support services.
Following a severe brain injury, individuals may experience a wide range of cognitive, emotional, and behavioural changes that can be both distressing and disorienting. Memory loss, difficulty concentrating, and impaired decision-making abilities are common, often leading to intense feelings of frustration, anger, and a loss of self-identity. These cognitive challenges can make it difficult for individuals to perform once-simple tasks or engage in previously enjoyable activities, further contributing to helplessness and despair.
The emotional toll of a severe brain injury cannot be overstated. Depression is one of the most common mental health conditions experienced by brain injury survivors, characterized by persistent feelings of sadness, hopelessness, and a loss of interest in daily activities. Anxiety disorders, such as generalized anxiety disorder (GAD) and post-traumatic stress disorder (PTSD), are also common as individuals grapple with the uncertainty of their future and the traumatic nature of their injury.
In addition to depression and anxiety, brain injury survivors may experience significant mood swings, irritability, and emotional lability. These symptoms can manifest as sudden outbursts of anger, uncontrollable crying, or inappropriate laughter, further complicating social interactions and straining relationships with loved ones. The inability to regulate emotions can be confusing and distressing for the individual and their family members, leading to feelings of isolation and disconnection.
The brain injury victim may also experience changes in personality and behaviour. Some may exhibit impulsivity, disinhibition, or aggression, while others may become more withdrawn and apathetic. These changes can be particularly challenging for family members and friends to navigate as they attempt to reconcile the person they once knew with the individual now before them.
It’s crucial to recognize that the mental health consequences of a severe brain injury are not limited to the survivor alone. Family members and caregivers often experience significant stress, burnout, and emotional turmoil as they adapt to their new roles and responsibilities. The demands of providing care, coupled with the grief and sense of loss that often accompany a loved one’s injury, can take a substantial toll on the mental health of those closest to the survivor.
Addressing the psychological impact of a severe brain injury requires a comprehensive approach to treatment and support. Access to mental health professionals, such as psychiatrists, psychologists, and counsellors, is essential for helping individuals and their families cope with the complex array of emotions and challenges they face. Cognitive-behavioral therapy (CBT), mindfulness-based interventions, and support groups can be particularly effective in helping individuals develop adaptive coping strategies and build resilience in the face of their new reality.
Furthermore, it’s essential to recognize that the psychological recovery process following a severe brain injury is often ongoing and may require long-term support. As individuals navigate the various stages of recovery and adapt to their new reality, their mental health needs may evolve, necessitating a flexible and individualized approach to care. Not only can recovery take a long time, but accessing these healthcare professionals continuously can become financially draining. Mental health comes with much stigma, and the symptoms can’t always be as quickly seen. Therefore, you may experience doubt from the insurance company. This is where an experienced Hamilton brain injury lawyer can help prove these effects are present and demonstrate your need for specialized and intensive treatment.
Recovering from a brain injury is a complex and challenging process that requires a coordinated, multidisciplinary approach to ensure the best possible outcomes. It’s essential to understand that rehabilitation is not a one-size-fits-all solution; instead, it involves a team of medical professionals, therapists, and specialists working together to develop a comprehensive treatment plan tailored to your unique needs and symptoms.
Recovery often begins with acute care, focusing on stabilizing your condition and preventing further complications. From there, you may transition to inpatient rehabilitation, where you’ll work with a team of specialists to regain lost skills and adapt to any lingering impairments. This rehabilitation phase typically involves a combination of physical therapy, occupational therapy, speech therapy, and cognitive therapy.
Physical therapy is crucial for addressing any physical limitations or disabilities resulting from your brain injury. Your physical therapist will work with you to improve your strength, balance, coordination, and mobility, helping you regain as much function as possible. On the other hand, occupational therapy focuses on developing strategies to perform daily living activities, such as dressing, bathing, and eating, as independently as possible.
Speech therapy is another critical component of brain injury rehabilitation, as it helps address any communication or swallowing difficulties you may experience. Your speech therapist will work with you to improve your ability to express yourself verbally and non-verbally and develop strategies to overcome any language processing challenges.
Cognitive therapy is essential for addressing the cognitive impairments that often accompany brain injuries, such as memory loss, attention deficits, and problem-solving difficulties. Your cognitive therapist will work with you to develop compensatory strategies and techniques to help you manage these challenges and improve your overall mental functioning.
As you progress through rehabilitation, your team may expand to include other specialists, such as neuropsychologists, vocational therapists, and social workers. These professionals can help address any emotional, behavioural, or social challenges you may be facing, as well as guide returning to work or school:
Attendant care and rehabilitation therapy. You may require assistance with your day-to-day activities or re-establishing positive everyday routines and transportation on a supervised basis. Rehabilitation therapy can also help suffering individuals relearn skills such as walking, list-making, communicating or self-care. Rehabilitation therapy for a brain-injured individual can include different kinds of therapy for cognitive difficulties. Depending on the injury, these treatments may be needed only briefly after the injury, occasionally throughout a person’s life, or permanently.
Psychotherapy. You or your loved one may require ongoing funding for group support, education or long-term support. Not surprisingly, the consequences of a head injury can also affect the individual’s family members as well. It’s common for family members to need and receive information for the best involvement, counselling and emotional support, as well as help with recognition of the family’s needs, adjustment and, eventually, an excellent functional outcome.
Physical Therapy. Often overlooked within a life-care plan, physical therapy is usually a requirement for an individual who suffers a traumatic brain injury. Those with a cognitive injury may not appreciate the need for exercise and caring for their health. Personal support or rehabilitation workers are often necessary since individuals with brain injuries do not make exercise a priority, or they are unable to drive after their injury (thus, they have difficulty getting to a gym or place to exercise). Physical limitations also impact the kinds of exercises and types of exercise machines that can be used safely, which can place victims at risk of injuring themselves while exercising.
Medication. Brain-injured individuals may require the monitored intake of drugs such as anticonvulsants, analgesics for pain, antipsychotics (for hostility, nervousness, and severe agitation), antidepressants, anti-anxiety medication, and muscle relaxants or stimulants to increase levels of responsiveness or alertness.
Management of Sleep Dysfunction. Immediately following a traumatic brain injury, difficulty falling asleep and frequent waking are ordinary. Medication or cognitive behavioural therapy focused on sleep may be necessary if chronic sleep disturbances develop.
Speech Therapy. Severe accidents may damage portions of the brain that are responsible for language. Often, individuals who suffer a severe brain injury can be left with stuttering and word-finding issues, making it very difficult or impossible to communicate effectively.
Vocational Therapy. Occupational therapists are often retained on a temporary or life-long basis to assist with vocational therapy. They help find solutions to appropriate job opportunities, address workplace challenges and ergonomic requirements, and provide general everyday transportation. Occupational therapists can make a significant and positive difference in the life of someone with a brain injury.
It’s important to remember that recovery from a brain injury is a gradual process that requires patience, perseverance, and a robust support system. By working closely with your multidisciplinary rehabilitation team and advocating for your needs, you can maximize your chances of achieving your goals and leading a fulfilling life post-injury. Your Hamilton brain injury lawyer also plays a crucial role in this process, ensuring you’re connected to the best professionals and receiving the funding you need to continue treatment.
When a person suffers a severe traumatic brain injury (TBI) in an accident, their life can change in an instant. The road to recovery is often long and challenging, requiring extensive medical care, rehabilitation, and support. In these situations, speaking with a brain injury lawyer who specializes in navigating the complex legal and medical landscape surrounding catastrophic impairment cases is crucial.
In Ontario, the Statutory Accident Benefits Schedule (SABS) provides a framework for determining the benefits an individual is entitled to following an accident. If a person sustains a catastrophic impairment, they are eligible for significantly higher medical, rehabilitation, and attendant care benefits limits. A catastrophic impairment is a life-altering condition that can result from a severe TBI, and the SABS outlines specific criteria for determining whether an individual meets this threshold.
An individual may be deemed catastrophically impaired if they sustain a brain impairment that results in a score of 9 or less on the Glasgow Coma Scale, positive findings on brain imaging, or a class 4 or 5 impairment due to mental or behavioural disorder. These criteria are assessed by medical professionals and can be complex to navigate without the assistance of a knowledgeable brain injury lawyer.
When an individual is catastrophically impaired, they are entitled to a maximum of $1,000,000 for medical, rehabilitation, and attendant care benefits over their lifetime. This is a significant increase from the non-catastrophic benefit limit of $65,000 over five years. However, even with these increased limits, the lifetime costs associated with a catastrophic impairment can easily exceed the benefits provided by the SABS.
An experienced Hamilton brain injury lawyer can help TBI victims and their families access the accident benefits they are entitled to and ensure that they receive the necessary medical and rehabilitation support. This may include arranging for the services of an occupational therapist (OT) who can assess the individual’s physical, cognitive, and emotional abilities and develop strategies to help them regain independence in daily activities.
A Hamilton brain injury lawyer can also assist in setting up income replacement benefits, which can provide up to $400 per week, to help alleviate financial stress during recovery. Additionally, they can help educate family members about the challenges of caring for a loved one with a severe TBI and arrange for the hiring of personal support workers (PSWs) to provide ongoing care.
Beyond accessing accident benefits, a brain injury lawyer will investigate the circumstances surrounding the accident and initiate a lawsuit against the at-fault party. By recovering damages through the legal process, the lawyer can help protect the brain injury victim’s future by securing the financial resources necessary for long-term care and support.
Consulting with a knowledgeable Hamilton brain injury lawyer is essential to ensure that the rights of the TBI victim are protected and that they receive the compensation they deserve to cover the lifelong costs associated with a catastrophic impairment. With their expertise in both the legal and medical aspects of brain injury cases, a specialized lawyer can provide invaluable guidance and support throughout the recovery process and beyond.
You should hire a Hamilton brain injury lawyer without delay – preferably before your discharge from the hospital. In our experience as Hamilton brain injury lawyers, victims who suffer brain injuries are generally treated in a hospital setting immediately post-accident. The head injury usually involves treatment by a neurologist; where organic damage is present, it will require treatment by a neurosurgeon. At the outset, an accident victim, in addition to standard medical treatment, will typically receive a physical and psychological evaluation by a physiatrist (a physician specializing in physical medicine).
Post-discharge treatment for a severe brain injury may resume in a rehabilitation center where the physiatrist supervises treatment. Regardless, you must hire a Hamilton brain injury lawyer with expertise in brain injury law before going home. They can ensure that your insurance funding is put into place and that your home and caregivers are set up before your arrival so you don’t have to spend any time without them. Also, you should always leave it up to your Hamilton brain injury lawyer, not the insurance company, to hire your occupational therapist. They will hire the proper providers with your Hamilton brain injury lawyer.
Often, several therapies will be involved in rehabilitation – and these providers need to be hired by your occupational therapists early in the process. These professionals can include a physical therapist, a visual therapist, and/or a specialist in cognitive remediation. The recovery journey from a severe traumatic brain injury is often lengthy and painful. It is at this stage that the brain-injured victim or their family usually seeks the help of a Hamilton brain injury lawyer or a good legal team. In almost every case, family members or relatives are overwhelmed by the forecasted costs of caring for the injured victim, mainly when it appears to be a life-long or long-term disability. This triggers an awareness of the potential financial problems facing the victim and/or the family for the duration of recovery and possibly their life.
The financial burden of caring for a loved one who has suffered a severe traumatic brain injury (TBI) can be overwhelming and life-altering. The lifetime costs associated with a catastrophic brain injury are staggering, often reaching millions of dollars. These expenses encompass a wide range of ongoing needs, including medical treatment, rehabilitation, assistive devices, home modifications, and personal care. The injured person may require round-the-clock assistance, specialized therapies, and expensive medications for the rest of their life. Additionally, the loss of income and earning potential can further compound the financial strain on the family. Caring for a brain injury survivor is not only emotionally challenging but also financially draining, making it crucial to secure the necessary resources to provide them with the best possible quality of life. This is where the expertise of a dedicated brain injury lawyer becomes invaluable in helping families navigate the complex legal system and fight for the compensation their loved one deserves, such as:
Pain and Suffering Compensation: In Ontario, brain injury victims and their families may be entitled to recover pain and suffering compensation, also known as non-pecuniary damages, through a personal injury lawsuit. These damages aim to compensate the injured person for the physical pain, emotional distress, loss of enjoyment of life, and other intangible losses they have suffered due to their brain injury. The amount of pain and suffering compensation awarded depends on the severity of the injury, the impact on the victim’s life, and other factors unique to each case.
Loss of Income: When someone is injured in an accident in Ontario, they may be able to claim damages for the money they have lost and will lose in the future because of their injuries. This includes income they have already lost because they couldn’t work after the accident and income they will likely lose in the future because the accident has affected their ability to earn money.
To figure out how much money the injured person should receive for their lost income, the courts will look at their situation and consider factors like their age, the type of work they did before the accident, their skills and education, and how much the accident has impacted their ability to work and earn money in the future.
The courts will try to estimate the amount of income the person would have earned if the accident had never happened and then compare that to what they will likely earn now that they have been injured. The difference between these two amounts is what the court may award as damages for lost income and lost earning potential.
It’s important to know that the courts don’t just look at the exact income the person has lost but also their overall ability to earn money in the future. Even if someone hasn’t lost income yet, the accident might still have negatively impacted their ability to work and earn money down the road.
When deciding, the courts will consider both the positive and negative possibilities in the person’s future. They will also try to be fair and reasonable when determining the amount of money to award for lost income and lost earning potential.
Housekeeping Capacity Losses: When someone is injured in an accident, they may be able to claim damages for the loss of their ability to perform household chores and maintain their home. This loss can be significant, as it affects the physical aspects of keeping a home clean and orderly and the injured person’s sense of identity, self-esteem, and pride in their living space.
Damages for loss of housekeeping capacity can be claimed in several situations. If the injured person cannot do some or all of the housework, leaving tasks undone, they may experience a decreased quality of life due to living in a less clean and organized home. If they continue to do the housework but experience pain or difficulty, they may be less efficient than before the injury and spend more time completing tasks, leading to increased pain and suffering. In cases where the injured person must rely on others, whether paid professionals or family and friends, to do the housework, they can claim damages for those expenses or for the time and effort spent by their loved ones.
It’s important to note that the injured person does not need to prove that they will hire someone to help with housekeeping to receive compensation for their future loss of housekeeping capacity. Evidence supporting the claim should demonstrate the injured person’s ability to perform housekeeping tasks before and after the injury, the impact of any reduced housekeeping standards on their life, and the time and effort required by others to assist with housekeeping.
In the end, the goal is to provide a person who suffers a severe traumatic brain injury with enough money to put them in the same financial position they would have been in if the accident had never happened. This process helps ensure that the injured person is adequately compensated for the economic impact the accident has had on their life.
Future Care Costs: Damages for the cost of future care are an essential part of a personal injury claim, especially for someone who has suffered a catastrophic injury like a brain injury. These damages provide the money needed to pay for the ongoing care and treatment that the injured person will require to maintain the best possible quality of life.
In a brain injury case, the future care costs can be substantial, often running into the millions of dollars. This is because a brain-injured person may need extensive medical treatment, rehabilitation, assistive devices, and personal care for the rest of their life.
To be awarded damages for future care costs, the injured person must provide evidence that the expenses are medically necessary and reasonable. The amount of the award will be based on expert opinions and an assessment of the injured person’s specific needs and circumstances.
It’s important to understand that an injured person can only claim the portion of their future care costs that OHIP won’t cover.
n of the sustained injury and impairment, the victim’s function and reliance on others, etc.
Care for Family Members: When a person suffers a severe brain injury, the impact extends far beyond the individual themselves. Family members often experience significant emotional distress and may require psychological support to cope with the challenges of caring for their loved ones and adapting to a new reality.
Recognizing the profound effect a brain injury can have on an entire family, the courts may award damages to cover the cost of psychological treatment for close family members. This acknowledgment is based on the understanding that a healthy and well-supported family is essential to the brain-injured person’s overall well-being and recovery process.
The psychological impact on family members can manifest in various ways, such as depression, anxiety, post-traumatic stress disorder (PTSD), and caregiver burnout. These mental health challenges can arise from the emotional toll of witnessing a loved one’s suffering, the stress of managing complex medical and legal matters, and the day-to-day demands of providing care.
To secure damages for the cost of psychological treatment for family members, the injured person’s legal team must provide evidence demonstrating the necessity and reasonableness of these expenses. This may include expert testimony from mental health professionals who can attest to the psychological impact of the brain injury on the family and recommend appropriate treatment plans.
The amount of damages awarded for family members’ psychological care will depend on factors such as the severity of the brain injury, the extent of the family’s involvement in caregiving, and the recommended duration and type of treatment.
Loss of Income and other Pecuniary Losses for Family Members: If your close family member, such as your spouse, child, parent, or sibling, has suffered a severe brain injury due to someone else’s fault or negligence, you may be experiencing significant financial losses as a result of providing care and support to your loved one. Ontario’s Family Law Act recognizes the hardships that family members face in these situations and allows you to recover certain types of financial losses from the person who caused the injury.
As you navigate this challenging time, it’s essential to know that you may be able to claim compensation for the income you lose if you need to take time off work to care for your family member. This could include time spent providing nursing care, accompanying them to medical appointments, or managing their daily needs. Additionally, if you are providing services like housekeeping or personal care without pay, you can claim a reasonable amount for the value of those services. The law understands that taking on these extra responsibilities can substantially impact your finances, and it aims to ensure that you are compensated fairly for these losses resulting from the wrongdoer’s actions. Knowing your rights under the Family Law Act can help you navigate this difficult time and ensure that you have the financial support you need to care for your loved one with a severe brain injury.
The cost of caring for brain-injured patients can become astronomical. What becomes essential about the cost, however, is that the quality of care for an individual, and thus the quality of life that person can experience after the traumatic brain injury, depends on available financial resources. It is essential that you speak to a Hamilton brain injury lawyer who can retain a qualified life care planner to ensure that proper estimation of care costs required over your loved one’s life is evaluated correctly.
Our experienced brain injury lawyers work with some of Ontario’s best life care planners to ensure that your loved one receives the highest quality of care and support throughout their recovery and rehabilitation process. Life care planners are experts in assessing the long-term needs of individuals with severe brain injuries and creating comprehensive plans that outline the medical care, therapies, equipment, and services required to maximize their quality of life. By collaborating with these skilled professionals, our lawyers can help you understand the full extent of your family member’s future needs and pursue the compensation necessary to cover these costs. This approach ensures that your loved one has access to the best possible care and that your family has the financial resources to provide that care, both now and in the future. With our team of brain injury lawyers and our network of top life care planners, you can focus on supporting your loved one’s recovery while we work to secure the compensation you deserve.
Your Hamilton brain injury lawyers will generally retain a case manager, which is required in any severe brain injury case. If you’ve been deemed catastrophically impaired, you would then be entitled to case management services to help your recovery and day-to-day living. Case managers are also typically employed for victims of spinal cord injuries and other catastrophic injuries.
Your Hamilton brain injury lawyer would be the one hiring your case manager. The case manager helps to ensure quality care and cost-effectiveness, which is necessary for the proper organization and evaluation of the case. This individual is responsible for coordinating the activities of the victim’s rehabilitation. They will also advise your Hamilton brain injury lawyer on the treatments and the various options open to the injured victim, act as a communicator between the lawyer, the client, and the health professional, and advocate for the injured victim concerning the various health care providers. A case manager should be a health care professional, occupational therapist, rehabilitation therapist, physiatrist, or a nurse trained in head trauma.
Experience has taught us that an occupational therapist who is well-trained in the area of head and brain trauma is usually the best to work with. The case manager carries out the day-by-day details, seeing that the rehabilitation program goes smoothly and that the funds from insurance companies are appropriately allocated and on time. Often, it is easier for someone in the medical profession than for lawyers to contact physicians or other healthcare providers regarding appointments and opinions, advising on progress, coordinating treatment, and recommending improvements along the way. The case manager is instrumental in helping the lawyer assemble the damages component of the brain injury victim’s case and the team of professionals that goes with it.
When you entrust your case to Lalande Personal Injury Lawyers, you can be confident that you have a team of dedicated, experienced, and successful advocates on your side. Our firm has a proven track record of achieving exceptional client results, having recovered over $65 million in compensation for injured victims. We have earned a reputation for excellence in the legal community, as evidenced by our numerous positive Google reviews from satisfied clients who have experienced firsthand the commitment, compassion, and expertise we bring to every case.
Our lawyers have extensive trial experience and are not afraid to take on complex, challenging cases. The insurance industry knows us as a firm with credibility, expertise, and a relentless work ethic. This recognition often leads to more favourable settlements for our clients, as insurers understand that we have the skills and resources to succeed in court if necessary. To build the most robust possible case, we collaborate with a network of top experts and life care planners who provide invaluable insights and testimony to support your claim. Working with these respected professionals ensures that every aspect of your case is thoroughly investigated and persuasively presented.
At Lalande Personal Injury Lawyers, we understand the profound impact that a severe brain injury can have on your life and the lives of your loved ones. That is why we are dedicated to providing exceptional legal representation and unwavering support and guidance throughout the legal process. With our team in your corner, you can focus on your recovery and your family, knowing that your case is in the hands of skilled, compassionate professionals who are fighting tirelessly to secure the compensation you deserve.
Matt Lalande is a Hamilton brain injury lawyer who has represented victims across Ontario since 2003. We have represented victims with personal injury cases involving severe, catastrophic head trauma and recovered millions of dollars in compensation for injured parties and families of injured loved ones. Over the years, we have gained substantial knowledge and experience working with victims of severe injuries such as wrongful death, catastrophic injuries to the brain, and spinal cord injury, as well as long-term disability.
If you or your loved one has suffered a severe brain or head injury from a car accident, motorcycle accident, slip and fall, or any other accident caused by someone else’s negligence, book a free consultation with our Hamilton brain injury lawyers. We never charge legal fees up-front, and we are 100% victim-focused. We never represent insurance companies.
Contact us 24/7 by submitting an online inquiry or call us directly at 903-333-8888. Our Hamilton brain injury lawyers are experts in brain injury law and will gladly discuss your legal options.
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A catastrophic brain injury is a severe injury that results in significant, long-term damage to the brain, often leading to permanent cognitive, physical, and emotional impairments that affect an individual’s ability to function independently.
The most common causes of traumatic brain injuries include falls, motor vehicle accidents, sports-related injuries, assaults, and struck-by incidents.
Signs and symptoms of a traumatic brain injury may include loss of consciousness, confusion, headache, dizziness, nausea, fatigue, sleep disturbances, sensory problems, memory loss, concentration issues, and mood changes.
In Ontario, the general limitation period for filing a brain injury claim is two years from the date of the incident. However, there are some exceptions, so it’s essential to consult with a Hamilton brain injury lawyer as soon as possible.
When hiring a brain injury lawyer, look for experience handling similar cases, a proven track record of success, strong communication skills, and a compassionate approach. Choose a lawyer who makes you feel comfortable and confident in their ability to represent your interests.
A Hamilton brain injury lawyer can help you navigate the complex legal process, gather evidence to support your claim, negotiate with insurance companies, and fight for the compensation you deserve. They can also connect you with medical experts and other resources to aid in your recovery.
A no-win, no-fee arrangement, also known as a contingency fee agreement, means that you only pay your lawyer if they successfully recover compensation for you. If your case is unsuccessful, you don’t owe any legal fees.
Many Hamilton brain injury lawyers, including Lalande Personal Injury Lawyers, offer contingency fee arrangements, which means you don’t pay any upfront costs. Instead, your lawyer receives a percentage of the settlement or award if your case is successful.
A case manager in a brain injury case helps coordinate the victim’s rehabilitation, advises the lawyer on treatment options, acts as a communicator between the lawyer, client, and healthcare professionals, and advocates for the injured victim.
A life care planner helps determine the long-term medical and financial needs of a brain injury victim, creating a comprehensive plan that accounts for future treatment, therapy, equipment, and care costs.
In Ontario, you may still be able to pursue a brain injury claim even if you were partially at fault for the accident. Ontario follows a comparative negligence system, which means that your compensation may be reduced based on your percentage of fault.
The Glasgow Coma Scale (GCS) is a standardized assessment tool used to evaluate a person’s level of consciousness following a brain injury. It assesses eye-opening, verbal response, and motor responses, with scores ranging from 3 to 15. Lower scores indicate more severe brain injuries.
Yes, consultations with Lalande Personal Injury Lawyers are free and without obligation. During the consultation, a Hamilton brain injury lawyer will review your case, answer your questions, and discuss your legal options.
To schedule a free consultation with a Hamilton brain injury lawyer at Lalande Personal Injury Lawyers, you can call their office at 905-333-8888, submit an online inquiry through their website, or visit their office located at 1 King Street West, Suite 1705, Hamilton, Ontario, L8P 1A4.
It depends on how serious the case is and, more importantly, what the insurance limits are on the person or vehicle in place which caused or contributed to your brain injury.
Despite initial hospitalization and inpatient rehabilitation services, about 50% of people with TBI will experience further decline in their daily lives or die within 5 years of their injury.
During your initial consultation, a Hamilton brain injury lawyer will review the details of your case, ask questions about the accident and your injuries, and assess your legal options. They will also discuss their experience, fees, and the next steps in the process. This consultation is also an opportunity for you to ask questions and determine if the lawyer is a good fit for your needs.
We would suggest that you and your family interview several lawyers and retain the lawyer with whom you have the best connection. You can begin your search by asking those around you for referrals, browse online directories, or do a Google search and examine various websites, taking note of each lawyer’s experience, areas of specialty, and reviews/testimonials.
I was a dental hygienist that suffers from really bad scoliosis. My insurance company ignored my doc & cut my benefits off & told me I could do “something”. Matt got me CPP Disability and and LTD settlement – I don’t know what I would have done without him.
My daughter was killed by a drunk driver and it forever changed all of our lives. It seemed that for two years time stopped. This was no an easy journey. Matt let me sit in on the discovery of the driver and boy, he never let up. In the end, our grand-daughter was taken care of and we were compensated for our loss – which we then donated to a cause we believed in.
I call Matt my knight in shining armour. After I was struck by a car while cycling and permanently crippled, he fielded all communications with my especially difficult and downright nasty insurance adjuster. Every step of my care was a battle and I did not have the strength to fight alone.
I lost my leg in a terrible motorcycle accident and Matt help me recover compensation I need because I could not work and the cost of prosthetics and rehab are out of this world. I don’t know what I would have done without him.
My brother ended up paralyzed after a car accident and Lalande did SO MUCH to help get things straight from him getting out of the hospital to all his care for life. We are so grateful for Matt & Heather. I don’t know how my family could have done this without them.
