If you have sustained a brain injury as a result of a motor vehicle accident, there are a number of factors that can impact your recovery, such as your age, whether you had pre-existing health conditions, and the severity of your brain injury (for example, a mild concussion vs. a catastrophic brain injury). Another extremely important factor that impacts recovery from a brain injury is receiving proper treatment.
Recovery and rehabilitation following a brain injury
Following a brain injury, it is essential that you work with your doctor and other medical professionals to develop a treatment plan to address your symptoms and maximize your recovery. Our brain injury lawyers recommend keeping written notes of your symptoms and any problems or limitations you are experiencing as a result of the brain injury. Bring those notes to medical appointments, as they will help inform your doctor when developing your initial treatment plan. Your needs may change throughout the healing process, so your notes will also help your doctor to modify the plan as time goes on if you are not getting better or new issues develop.
Treatment of a brain injury
The types of treatments you may need for your brain injury will depend on the severity of your injury and the symptoms you are experiencing. Symptoms of brain injury may include headaches, nausea, vision problems, mood changes, or difficulties with concentration, thinking, and memory. So, for example, if the brain injury causes you to suffer from headaches or migraines, treatment may involve over-the-counter or prescription medications and massage therapy. If you suffered a more severe brain injury, you may be required to re-learn basic functions such as walking or talking and to adjust the way your daily functions are completed. In that case, your rehabilitation plan will likely involve a wide range of treatments from a number of professionals in addition to your doctor, such as physical therapists, a psychologist, speech-language pathologist, or occupational therapist.
Paying for the costs to treat a brain injury
A proper treatment plan that maximizes your recovery from a brain injury can be expensive. When you are injured in a motor vehicle accident, you generally have two claims:
- a tort claim against whoever caused the accident; and
- a no-fault benefit claim against ICBC (also referred to as a Part 7 benefit claim).
No-fault benefits are generally paid as you incur the expenses. Therefore, your no-fault benefit claim is helpful to cover accident-related expenses until your tort claim is settled. With respect to your tort claim, an experienced brain injury lawyer can help to ensure that the compensation you receive includes all out-of-pocket treatment expenses not already covered under your Part 7 benefit claim, as well as amounts to cover the cost of ongoing medical and rehabilitation treatment (this is known as damages for “cost of future care”).
Get legal advice from a top Vancouver brain injury lawyer
If you have an ICBC claim and believe you suffered a brain injury, contact Simpson, Thomas & Associates at (604) 239-2943 to request a free consultation. We have considerable experience handling claims involving traumatic brain injuries, ranging from concussions/mTBI to severe traumatic brain injuries. Our highly experienced Vancouver personal injury lawyers will assist you in getting the help you need to maximize your recovery and develop your claim against ICBC to get the compensation you deserve.