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Hamilton Brain Injury Lawyer

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If you or a loved one has suffered a serious brain injury, we can help. Get the justice and compensation you deserve to protect your future.

If you or a loved one has suffered a brain injury caused by someone’s misconduct or negligence, it is important to speak to a Hamilton brain injury lawyer who has expertise dealing with brain injuries so that you can understand your legal rights.

If you or a loved one has been hurt and has suffered a brain injury because someone else was careless, you have the right to hire a Hamilton brain injury lawyer to pursue the financial compensation you deserve. This will help replace lost wages and provide compensation for your pain and suffering. The person or company who caused your injury may also be responsible for your future health care needs, lost wages, housekeeping, home maintenance, attendant care, and anything else you may need.

Hamilton Brain Injury Lawyer Matt Lalande

We understand the pain and suffering a brain injury victim goes through. Survivors are most likely suffering from fatigue, severe headaches, muscle stiffness and tension, insomnia, nightmares, slowed thinking, poor memory or the loss thereof, poor impulse and anger, control, impaired judgment, and frustration from attempting to mask their symptoms from employers, family, and friends.

Brain injury survivors also may suffer from impaired coordination, slowness of movement, paralysis, weakness on one or both sides of the body, seizures, sensory problems, problems with vision or perception, and difficulties with speaking or swallowing. Other physical problems may include loss of hearing, loss of sense of smell or taste, and ringing in the ears. We’ve seen how brain injury victims are dealing daily with the devastating impact on how they conduct their lives within their families, marriages, work environments, and leisure time.

On top of this, brain injury victims often go through a long and expensive recovery, and many will never be the same. If you or your loved one has suffered a severe brain injury, our Hamilton brain injury lawyers can help you recover the compensation necessary to protect your future, hire the best help, and make sure your wage losses are covered.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when an impact to the head causes brain damage. A traumatic brain injury includes anything from mild concussions to severe brain damage. Treatment can range from rest only to intensive care and emergency surgery. Survivors can face a lifetime of disruptions, physical and mental impairment, and profound cognitive changes.

Brain injuries are also common causes of disability and death in both adults and children and can be caused by something as mild as a bump or contusion or something more serious like an open wound, fractured skull bone, internal bleeding and damage to the brain. Traumatic brain injuries are among the most severe injuries and are in large part caused by slip and falls, pedestrian accidents, motorcycle accidents, car accidents and trucking accidents. Serious brain injuries may result from something simple like a blow to the head to a more severe penetrating injury. Frontal and temporal areas of the brain are most often involved in serious car accidents – which often cause immediate complaints like:

  • Forgetfulness
  • Concentration issues
  • Stuttering
  • Memory loss
  • Headaches
  • Dizziness
  • Cognitive impairment
  • Neuropsychiatric symptoms like anxiety, irritability, depression, PTSD and sleep disorders

When Should I Hire a Hamilton Personal Injury Lawyer?

You should hire a Hamilton brain injury lawyer who specializes in brain injuries without any delay – preferably prior to your discharge from the hospital. In our experience as Hamilton brain injury lawyers, victims who suffer brain injuries are normally 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 normal medical treatment, will typically receive an evaluation, both physical and psychological, by a physiatrist (a physician specializing in physical medicine).

Post-discharge treatment for a serious brain injury may resume in a rehabilitation center where the physiatrist supervises treatment. Regardless, it is imperative that you hire a Hamilton personal injury lawyer with expertise in brain injury law prior to going home. They can ensure that your insurance funding is put into place and that your home and caregivers are set up prior to your arrival so you don’t have to spend any time without them. Also, you should always leave it up to your brain injury lawyer, and not the insurance company, to hire your occupational therapist. They will work with your personal injury lawyers to ensure the proper providers are hired.

Often, a number of 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 for a serious 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 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, particularly 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.

Our firm offers free consultations with no obligation. If you’ve suffered a severe or traumatic brain injury, call our Hamilton brain injury lawyers today, no matter where you are in Ontario at 1-844-LALANDE or in the local Hamilton / GTA at 905-333-8888. Our personal injury accident lawyers have represented victims who have suffered traumatic brain injuries as a result of pedestrian accidents, car accidents, trucking accidents, motor vehicle accidents, motorcycle accidents and slip and fall cases. In addition, we have represented victims who have suffered spinal cord injuries and brain injuries together. It is not uncommon for a spinal cord injury victim to have suffered a traumatic brain injury due to the severity of his or her accident.

Our Hamilton Brain Injury Lawyers Can Help

As Hamilton personal injury lawyers, we must first address the fact that a major head injury case is going to call for a set of special experts in a narrow field of diagnosis and treatment. Most often, treatment and care are totally dependent upon the amount of money which is made available to the victim, and it is up to the personal injury lawyer to ensure the recovery of every cent available to you and your family. Getting you the compensation you deserve is our number one priority.

The first step is hiring a qualified occupational therapist who will be on your side, not helping the insurance company. Occupational therapists are often key in the rehabilitation of brain injury victims as they reintegrate into the community. Their education and training make them experts at the evaluation and analysis of an individual’s performance abilities relative to the demands of the activity.

Normally, your occupational therapist and your Hamilton brain injury lawyers will ensure that the proper team is assembled, often consisting of physical therapists, speech-language pathologists, neuropsychologists, social workers, and other professionals, as appropriate. They may also include vocational rehabilitation counsellors if it seems like job retraining is necessary. It is important that you hire your Hamilton brain injury lawyers early in the case so that they can retain the appropriate occupational therapists to work with. When you get the right ones, they will likely remain with you for the remainder of your case and recovery.

Types of Brain and Head Injuries Caused by Accidents

There are many types of possible brain injuries, but some are more common when an individual is involved in an accident. These include:

Concussion. A concussion is a mild brain injury to the head that can cause a brief loss of consciousness but does not normally bring about permanent brain injury. A concussion is a diffuse injury, which means it is spread over a large area and cannot be pinpointed to a specific location. Normally a concussion will present as an overall decrease in levels of consciousness.

Contusions – a contusion is when an impact to the head leaves a bruise on a specific area of the brain. This is also known as coup or counter-coup injuries. 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 impact. Contusions are focal injuries – that is to say, the injury is not spread out (diffuse), but it is specific to a location. Focal injuries will have different symptoms based on the region of the brain.

Skull fractures – There are 4 common types of skull fractures:

  • Linear skull fractures. Linear skull fractures are cracks or breaks in the skull. The concern when this happens is the fear that the underlying force that created the fracture might have caused damage to the brain itself. Fractures to the base of the skull can be very problematic because it may cause damage to arteries, nerves and other structures. If a fracture reaches down to the sinuses, this may cause cerebrospinal fluid to leak from the nose and ears. This might require intervention to insert a lumbar drain.
  • Depressed skull fractures. Depressed skull fractures are more problematic. These fractures happen when a part of the bone presses on or into the brain itself, often requiring surgical intervention. The specific damage caused will depend on the region where this fracture happens as well as its interaction/coexistence with any diffuse brain injuries.
  • Diastatic skull fractures. These are fractures that occur along the suture lines in the skull. The sutures are the areas between the bones in the head that fuse when we are children.
  • Basilar skull fracture. This involves a break in the bone at the base of the skull and is normally a very serious injury. These victims tend to require close observation in the hospital.

Intracranial hematomas (ICH). When a blood vessel in the brain is ruptured, bleeding starts and the blood naturally clots. 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 location. A hematoma that forms between the skull and the dura (the tough outermost membrane enveloping the brain and spinal cord) is named an epidural hematoma. When the hematoma forms between the brain and the dura, it is named 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:

  • Epidural hematoma – A collection of blood in the potential space between the outer layer of the dura mater and the inner table of the skull. EHs happen in approximately 10% of traumatic brain injuries (TBI) requiring hospitalization. Most traumatic EHs occur as a result of head injury due to motor vehicle collisions, physical assaults, or accidental slips and falls.
  • Subdural hematoma. This occurs when a blood clot forms outside of the brain, underneath the skull and underneath the dura. These can form from a tear in the veins that go from the brain to the dura, or from a cut on the brain itself.
  • Contusion or intracerebral hematoma. This brain injury is more localized and can be compared to a bruise. It is usually caused by a forceful blow to the head.

Diffuse axonal injury (DAI). Axons, which compose what is also known as the white matter of the brain, connect nerve cells throughout the brain. When the brain reverberates (quickly moves back and forth inside the skull), the nerve axons are torn and damaged. 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 normal transmission of signals (information) is disrupted, and this can dramatically impact the person’s alertness and wakefulness.

Ischemia. Another form of diffuse injury, this 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 brains’ 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 very large increase in blood flow due to a loss of autoregulation of the brain’s blood vessels. Huge increases in intracranial pressure follow, and this might cause cerebellar herniation (the brain is squeezed past structures within the skull) which is often fatal.

The Long-Term Impact of a Brain Injury

Serious brain injuries can cause life-changing and incapacitating consequences. The brain is the major control network for the body’s functions and abilities, and it enables conscious communication with our body. It ensures automatic operation of vital organs, the ability to think and reason, and enables functions such as memory, speech, the senses, emotional responses, and more.

Losing even a portion of one of these capabilities can be significant—if not devastating—for the victim and their family members. Brain injuries can cause lifelong medical complications and require an experienced Hamilton brain injury lawyer who can assist the victim and family with obtaining the necessary long-term help and care. In some tragic cases, this can also lead to wrongful death.

If you or a loved one is experiencing such things as difficulty processing information, expressing thoughts, concentrating, making decisions, memory loss, balance issues, headaches, or slurring speech, then you should be immediately evaluated for brain damage following a traumatic event such as a car accident, slip and fall, or motorcycle accident.

Proving a brain or head injury to seek the compensation you deserve can be challenging and expensive. In order to ensure that your legal rights are protected, you must speak to a Hamilton brain injury lawyer who is experienced in handling the complex legal area of personal injury claims involving head and brain injury trauma. Even if you are unsure about your rights, call our Hamilton brain injury lawyers for a free consultation to go over your options.

Brain Damage Symptoms and What They Mean to the Victim

After a serious accident, CT head and MRI scans are normally used to measure changes in the anatomical or physiological parameters of TBI. 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 in turn can damage the brain. The Mayo Clinic tells us that with a TBI, a person may experience the following symptoms:

  • Loss of consciousness
  • Confusion and disorientation
  • Headaches
  • Nausea
  • Fatigue or drowsiness
  • Difficulty sleeping
  • Sleeping more than usual
  • Dizziness or loss of balance
  • Word-finding problems
  • Concentration difficulties
  • Blurred vision and ringing in the ears
  • Sensitivity to light or sound
  • Memory or concentration problems
  • Mood changes or mood swings
  • Feeling depressed or anxious
  • Agitation, or unusual behaviour
  • Change in eating habits
  • Persistent crying
  • Unusual or easy irritability
  • Changes in sleep habits
  • Sad or depressed mood
  • Loss of interest in favourite toys or activities
  • Attention Deficit
  • Impaired Language Skills
  • Loss of Understanding
  • Loss of Reading Skills
  • Loss of Writing Skills
  • Impaired Learning
  • Impaired Problem Solving
  • Lack of Judgment
  • Impaired Memory
  • Inappropriate Behavior
  • Loss of Empathy
  • Lack of Self-Awareness
  • Irritability
  • Anger
  • Lack of Emotional Control
  • Depression
  • Mood Swings
  • Loss of Drive
  • Restlessness
  • Frustration
  • Selfishness
  • Sluggishness

The Psychological Impact of Sustaining a Severe Brain Injury

Following a severe brain injury, individuals may experience a wide range of cognitive, emotional, and behavioral 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 activities they previously enjoyed, further contributing to a sense of 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 prevalent, 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 both 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 and approach to treatment and support. Access to mental health professionals, such as psychiatrists, psychologists, and counselors, 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 adversity.

Furthermore, it’s important 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 on an ongoing basis can become financially draining. Mental health comes with much stigma and the symptoms can’t always be as easily 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.

The Importance of a Multidisciplinary Approach to Brain Injury Rehabilitation

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 phase of rehabilitation 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. Occupational therapy, on the other hand, 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, as well as 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 cognitive 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 provide guidance on returning to work or school.

It’s important to remember that recovery from a brain injury is a gradual process that requires patience, perseverance, and a strong 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 plays a crucial role in this process as well, ensuring you’re connected to the best professionals and receiving the funding you need to continue treatment.

Maximum Financial Compensation for Treatment

If you have suffered a life-changing brain injury, it’s important to speak to a Hamilton brain injury lawyer as soon as possible. We want to ensure that your (or your loved one’s) treatment is properly set up and funded after discharge from the hospital or brain injury-rehabilitation unit.

You may require such assistance as:

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 have an effect on 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, a good functional outcome.

Physical Therapy. Often overlooked within a life-care plan, physical therapy is often a necessary requirement for an individual who suffers a traumatic brain injury. An individual 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 medications 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, the difficulty in falling asleep and frequent waking is very a common occurrence. If chronic sleep disturbances develop, medication or cognitive behavioural therapy focused on sleep may be necessary.

Speech Therapy. Severe accidents may damage portions of the brain that are responsible for language. More often than not, 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. Often, occupational therapists are retained on a temporary or life-long basis to assist with vocational therapy. They help with finding solutions to appropriate job opportunities, help with work place challenges, ergonomic requirements, or with general everyday transportation. Occupational therapists can make a significant and positive difference in the life of someone with a brain injury.

Maximum Financial Compensation for Brain Injury Victims

If you or a loved one has suffered a catastrophic brain injury, you may be entitled to substantial compensation, which is subdivided into economic and non-economic claims.

Economic Claims. Also known as special damages, economic claims are calculable and awarded to compensate injured victims for:

  • Incurred expenses (i.e. prescription medication, physiotherapy, massage therapy, etc.)
  • Loss of earning capacity and/or income – wage –  loss (i.e. early retirement, loss of RSP and/or CPP contributions, loss of competitive advantage, loss of earnings, etc.)
  • Future care costs (i.e. projected expenses for medical treatment, attendant care, housekeeping/home maintenance, etc.)
  • Housekeeping losses occur if you no longer have the capacity to care for your home or you do but at a reduced level.
  • Future management fees (i.e. corporate and/or non-corporate guardians hired to administer a damages award).

Unlike non-economic damages, economic damages do not have a monetary cap or upper limit. Rather, they are assessed by comparing the injured person’s pre-accident versus post-accident circumstances, and providing monetary compensation for post-accident economic losses the injured claimant has sustained and/or incurred.

Non-Economic claims. These are claims such as compensation for damages for pain and suffering, loss of enjoyment of life, loss of amenities, etc. Pain and suffering damages are awarded to compensate a brain injury victim for pain and suffering stemming from his or her injuries sustained as a result of another’s negligent action(s). Non-economic claims, in short, are one’s physical, social, emotional and/or psychological accident-induced impairments which adversely affect one’s enjoyment of life. Pain and suffering awards are not objectively calculable, but rather courts will review your brain injury lawyer’s case that is presented when arriving at an amount to award you. Such factors include, but are not limited to: one’s age, pre-accident versus post-accident lifestyle, degree of the sustained injury and impairment, duration of the sustained injury and impairment, the victim’s function and reliance on others, etc.

Proving a Brain Injury – How our Hamilton Brain Injury Lawyers Can Help You or Your Loved One

The trial of a case involving an individual with a brain injury involves significant and often unique forensic challenges. The challenge to a brain injury lawyer in presenting these cases and obtaining proper compensation for a person who suffered this type of traumatic injury is the common misunderstandings concerning the consequences of an acquired brain injury. Not only do victims typically look “normal,” but judges and juries, defence lawyers, and claims adjusters mistakenly believe that there cannot be a permanent brain injury unless there is objective, visible evidence such as a blow to the head, loss of consciousness, and positive imaging on an MRI or CT scan—though this is simply not true.

In order to successfully overcome these misconceptions, our brain injury lawyers will structure a multi-pronged approach consisting of appropriate experts, lay witnesses, analogies based on jurors’ real-world experiences, and demonstrative evidence as necessary.

This may include things like:

Establishing that the force was sufficient to cause a significant brain injury: In the case of a traumatic brain injury, in order to establish entitlement to recovery, it is important, and sometimes critical, to establish that the force of the impact to the brain (not necessarily the head) is sufficient to cause a significant brain injury. Many brain and head injury victims often look uninjured, may not have lost consciousness, and have normal imaging studies. A jury must be convinced that the nature and location of the injury claimed by the plaintiff could be the result of the force involved, whether it was caused by a motor vehicle accident or any other type of negligence.

Demonstrating the injury through friends, co-workers, and family testimony: It is vital that testimony from family members, coworkers, and other observers provide examples of how the plaintiff has changed since the injury. Often, family members and close friends provide a strong perspective and case for the impact of the injury and the effects their loved one has experienced since the accident.

Demonstrating the injury through imaging: Often, a brain injury case presentation is better when the jury can see a “picture” of the injury.  There are various forms of imaging, and this field is evolving rapidly. This is typically conducted through CT Scans and MRIs. A traditional CT or MRI of the brain is a process in which images are taken in multiple slices to study the structure of the brain. These images can be presented in many planes of orientation, though they are most often presented as if the brain were sliced perpendicular to the face. There are three keys, however, to understanding the significance of these images:

  1. Traditional MRIs and CTs only show the structure, not function, of the brain. An MRI cannot even distinguish whether a person is dead or alive, or asleep or awake, much less whether there has been a loss of cognitive function or memory. It is the equivalent of taking a picture of a car engine and trying to ascertain whether the car will run or how it will perform on the road.
  2. The resolution of CT and MRI images is a function of the quality of the equipment and how long the machine is gathering data. But even under the best of circumstances, the resolution of these images is far too low to see diffuse damage to the brain that is occurring on an axonal level. There are millions of brain cells between the pixels of even the best traditional MRI machines.
  3. Many, if not most, of CTs and MRIs that are taken when the patient presents in the emergency room are not intended to reveal the often subtle findings of brain injury. The physicians are looking for acute life-threatening problems that require immediate attention, such as evacuating a bleed that is placing pressure on the brain. If the MRI is normal immediately after the accident, it does not mean that it will remain normal after some of the possible results of brain injury, such as brain atrophy, evolve thereafter.

Thus, in many, if not most, cases of traumatic brain injury, the initial imaging studies are abnormal.  If there are abnormalities on CT or MRI, so much the better to establish an injury— especially in correlation with impact vectors, neuropsychologic evaluation, and functional imaging. But if these studies are normal, other accepted techniques may help to demonstrate the injury.

Neuropsychological testing: Neuropsychological testing can reveal the nature and extent of cognitive deficits and the victim’s ability to function. If neuro-psychologic testing results showing impairments to a particular area or global function of the brain can be correlated with the imaging results, the testimony of lay witnesses, and the nature of the force involved, the circle of demonstrating an injury to the brain will be closed.

Other demonstrative evidence: Visual exhibits make the case more interesting to a jury and help them understand what happened and how it has affected the plaintiff.

What is the Role of a Case Manager in a Brain Injury Case?

A case manager will normally be retained by your brain injury lawyers and is required in any serious 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 personal injury lawyer would be the one hiring your case manager. The case manager helps to assure quality care and cost effectiveness and is an absolute necessity 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 the brain injury lawyer as to 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 act as an advocate for the injured victim with respect to 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 normally 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 properly allocated and on time. Often, it is easier for someone in the medical profession than for lawyers to make contact with physicians or the other health care providers regarding appointments, opinions, advising on progress, coordinating treatment, and recommending what improvements could be made along the way. The case manager is, perhaps most importantly, 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.

What is the Role of a Life Care Planner in a Brain Injury Case?

The cost of caring for brain-injured patients can become astronomical. What becomes important 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, is dependent on available financial resources. It is important that you speak to a personal injury lawyer who can help you retain a qualified life care planner.

Life care plans are the way to present future medical and other expenses related to the catastrophically injured brain injury victim. The purpose of a life care plan is to provide the injured victim with tools, skills, modalities, therapies, rehabilitative opportunities, and whatever else is available to enhance the future life of the individual. The overall goal of any rehabilitation and life care plan is to maximize the brain injury victim’s abilities and enjoyment of daily living activities while decreasing functional dependency. Expenses in achieving that goal range from the future cost of special kitchen utensils to full-time attendant care.

Whatever the case, if the matter proceeds to trial, the various needs of the individual must be explained to a jury so that jurors can visualize why, for example, a brain-injured person should need special kitchen utensils or neoprene gloves. Many items, such as neoprene gloves, have a life expectancy of their own and require frequent replacement. These items can number in the hundreds. A formula is used where the cost of each item is multiplied by the number of times the item must be replaced over the remainder of the person’s life. The presentation of such testimony must be easily explained to the lay members of the jury and can be a highlight of the trial.

If you or a Loved one has Suffered a Serious Brain Injury, our Hamilton Brain Injury Lawyers can Help; Our consultations are Free and Without Obligation

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 serious 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 personal 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 personal injury lawyers are experts in brain injury law and will be more than happy to discuss your legal options with you at your convenience. Our consultations are free and without any obligation.

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Brain Injury Faq

It depends on how serious the case, and more importantly, what the insurance limits are on the person, vehicle are place which caused of contributed to your brain injury.

The CDC tells us that despite initial hospitalization and inpatient rehabilitation services, about half of people with a serious traumatic brain injury will experience further decline in their daily lives or die within 5 years of their brain injury.

Moderate and severe traumatic brain injury (TBI) can lead to a lifetime of physical, behavioral, cognitive and emotional changes which can affect a person’s ability to function in their everyday life.

It depends – the overall prognosis for someone with a mild brain injury is normally better than for a person who suffers from a moderate to severe brain injury. With a concussion, quite a number of people recover most or all of their brain function within several months following their injury, with most recovering much sooner.

We would suggest that you and your family interview several lawyers and retain the lawyer that you have the best connection with.

The Glasgow Coma Score (GCS) is the industry standard. The GCS is a fast 15-point test to grade a person’s level of consciousness in order to determine whether the injury is mild, moderate or severe.

The most common causes of TBI include falls (35.2%), motorcycle and car accidents, automobile accidents involving pedestrians (17.3%) and assaults (10%) with or without a weapon. Athletics and sports also cause a lot of TBI.

Mild TBI (Concussions included) will, if at all, result in only brief loss of consciousness, and the patient will normally be awake – with eyes open. Moderate TBI will lead to loss of consciousness between twenty minutes and six hours. The person will be sluggish and inert, but the eyes will open to stimulation. A degree of brain swelling or bleeding will present, and this will lead to sleepiness. But, the person will be able to wake up when prompted. Severe TBI leads to unconsciousness for longer than six hours. The eyes will respond to any stimulation and will not open.

A concussion is a mild injury to the head that can cause a brief loss of consciousness but does not normally bring about permanent brain injury. A concussion is a diffuse injury, which means it is spread over a large area and cannot be pinpointed to a specific location. Normally a concussion will present as an overall decrease in levels of consciousness.

It depends. If there is a hematoma (clot) large enough to damage the brain, a cerebral edema, or a pooling of blood, brain surgery will be required. A flap of bone is removed from the skull over the site of the clot. The clot is removed, and the arteries will be repaired. The skull heals rapidly, and the operation is usually straightforward and without much risk. If the skull was penetrated and the wound goes through to the brain, surgery will also take place. With proper treatment, these wounds tend to normally heal very well.

Yes, our consultations are free. We never charge brain injury victims or family members to speak to us.

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