How Personal Injury Lawyers Help Brain Injury Victims

Stephen Ferguson

June 27, 2022

Our lawyers have helped many accident victims who suffered a brain injury after a negligent or wrongful act get the settlement they need to rebuild their lives after injury. We understand the complex, challenging, and life-changing event of suffering a brain injury. To shine a light on Brain Injury Awareness Month in Canada, I have reserved the last post of the month for sharing important stats about brain injury and how a personal injury lawyer can help brain injury victims.

Brain Injury in Canada

Did you know that, according to the Northern Brain Injury Association, the annual incidence of acquiring a brain injury in Canada is 30 times more common than breast cancer and 400 times more common than HIV/AIDS?. Every 3 minutes, a person in Canada suffers a traumatic brain injury.

And, according to Brain Injury Canada, this year alone, 165,000 Canadians will sustain a traumatic brain injury. The most prevalent brain injury is concussions—a mild type of traumatic brain injury—. Statistics suggest that there are 200,000 concussions each year in Canada, but this most likely underestimates these “invisible injuries.” Concussions tend to be underreported due to a lack of public education and awareness.

About Brain Injury

Public education on how to prevent brain injuries and the life-changing impact of an acquired brain injury is extremely important. One of the goals of Brain Injury Awareness Month is to help Canadians understand brain injuries and their effects. Here are some of the basics:

A traumatic brain injury (“TBI”) is one that is caused by a force outside the body, such as a blow, bump, or jolt to the head.
An acquired TBI can be caused by a motor vehicle accident, slip and fall, assault, sports injury, or medical malpractice (complex birth, for example).
TBI can cause physical, emotional, cognitive, and behavioural changes.
For some brain injury victims, the changes are temporary. Others are left with more serious, long-term damage.

For more information on brain injuries, have a look at our Brain Injury FAQs.

Personal Injury Lawyers Understand You

Personal injury lawyers have vast experience in resolving claims for brain injury victims. The most experienced brain injury lawyers have gained a lot of important insight through their work with brain-injured clients and their loved ones. They see first-hand that a brain injury is a life-changing event, and they know what kind of supports (financial, medical, in the workplace, etc.) are needed to maximize recovery.

Personal Injury Lawyers Connect You With The Right Experts

Rehabilitation is the key to recovering from a TBI. An experienced brain injury lawyer can connect you with qualified medical professionals. These experts will provide advice and guidance to keep you on the path towards recovery. In addition to connecting you with the right medical experts, your brain injury lawyer will help investigate options to cover treatment costs (for example, coverage under the wrong-doer’s policy of insurance; reimbursement for out-of-pocket expenses and funds to cover the costs of future treatments in the context of your personal injury claim).

Negotiating a Fair Settlement

The settlement you receive will depend on factors such as the severity of your brain injury, the impact it has on your life, your age, your ability to attend school or work, and whether you had any pre-existing conditions or head injuries prior to the wrongful or harmful incident in question. Another significant factor is whether you suffered other injuries (such as a spinal cord injury or soft tissue injuries), as a result of another’s wrongful act or negligence.

Generally speaking, settlement for a severe or complex brain injury will be higher than settlement for a mild brain injury, particularly one that completely resolves with treatment over time. That being said, each case is unique and the impact of an acquired TBI will differ from person to person. An experienced brain injury lawyer can review your case and provide you with an opinion on the likely settlement range for your case. Your lawyer will work diligently to negotiate maximum settlement. Insurers and defendants can play tough and may try to settle your claim for less than it is worth. Your lawyer will take your case to trial if necessary to get you the compensation you deserve for your injuries.

How To Know If You Have a Good Brain Injury Lawyer

You should ask the lawyer about their expertise with personal injury cases like yours. Does the lawyer have experience with other brain injury cases? What was the outcome? Did they get full and fair compensation for their client?. Contact us today to ask about our expertise with brain injury claims.

Start Your Path Towards Recovery

If you or a loved one has suffered a brain injury as a result of a wrongful or harmful incident, contact Simpson, Thomas & Associates. Our experienced brain injury lawyers provide trusted guidance and legal advice. Request a free consultation by filling out our online consultation form or calling us at 604-243-5825. We can start you on the path towards recovery.