Scales of Severity

The statistics are troubling. According to the Association for the Rehabilitation of the Brain Injured, every year 56,000 Canadians will be brain injured, usually during some form of accident. Of these 56,000 people, 9,000 will require lengthy rehabilitation, and 6,000 will become permanently disabled. The question of how to pay for this becomes paramount, especially if you or a family member received a brain injury due to a motor vehicle accident. That’s because Ontario automobile insurers have defined criterion when it comes to filing a claim. Before contacting your insurer, you might want to first consult with brain injuries lawyers.

Acquired Brain Injury – Preparedness

Acquired Brain Injury (ABI) are brain injuries that occur after a person is born. It can be traumatic (a fall, an accident, an assault) or non-traumatic (a stroke, a tumour). When you consult with lawyers regarding traumatic brain injuries, you will need to be ready with information about:

•   The brain injury and how it occurred

•   The effects of the injury (such as memory loss, changes in behavior, inability to speak)

•   The treatment timeline (including procedures such as MRIs or medicines)

•   The subsequent health care and rehabilitation involved

•   What may be required to return to the workforce or to the classroom (such as assistive devices or an Individualized Education Program)

•   Whether you will be unable to work as a result, or in the case of children or spouses, whether you will need to stop work in order to care for them

Documentation to support your claim might include photographs, ambulance and medical records, witness contact details, and school and/or employment records prior to brain injuries. However, in this age of social media, lawyers highly discourage the public posting of such private information, as it may affect your claim.

Be aware that if making an insurance claim, there are specific deadlines that must be followed. In the case of motor vehicle accidents, those affected must notify the insurance company within seven days. Thus, it is recommended that as soon as an injury occurs to seek legal advice.

Preparedness of the Lawyers in Brain Injuries Cases

Be prepared with your own questions. Most personal injury lawyers provide free consultations.  You will want to know about their level of experience, such as being able to take a tort claim (lawsuit) to the Superior Court of Justice. Do they have trial experience? Have the lawyers worked on a case similar to yours and what was the outcome?

You should discuss the fees for legal services. Most brain injuries lawyers work on a contingency fee basis. That means they are paid when you are. Pursuing a tort claim is a costly endeavour. Are you responsible for those upfront costs? Take the opportunity to ascertain that the lawyers will be able to fully and vigorously work on your behalf.

The effects of brain injuries are complicated; so too are brain injuries claims. Between injured and lawyers, be prepared for an in-depth conversation.