A traumatic brain injury can occur when a person suffers a forceful impact to the head. The force of the impact causes damage to the brain cells. A direct strike to the head is not necessary for a traumatic brain injury to occur. A violent shaking or jolting of a person’s body can also cause traumatic brain injuries. The damage can be temporary or permanent depending on the severity of the injury. Traumatic brain injuries are commonly referred to as concussions. [1]
Signs and symptoms of a concussion/traumatic brain injury
Following a traumatic event, such as a car accident, fall or violent assault, the symptoms of a brain injury can present immediately, but often do not appear until days or weeks later. Common symptoms include:
- Headache
- Nausea/vomiting
- Fatigue
- Dizziness
- Sensitivity to light or sound
- Mood swings
- Difficulties with memory or concentration
A loss of consciousness is a common sign of concussion/traumatic brain injury, but does not always occur. Many traumatic brain injuries do not involve any loss of consciousness. Traumatic brain injuries are categorized as mild, moderate and severe. All three categories of injury have the potential for permanent effects on brain function. [2]
Post-concussive syndrome
When the symptoms of a traumatic brain injury last beyond the expected recovery period of a few months, the injured person may be diagnosed with post-concussive syndrome. Long term effects of post-concussion syndrome can include persistent headaches, reduced cognitive, communication and intellectual abilities, depression, anxiety, and changes to behaviour and personality.
No specific treatment for post-concussive syndrome exists, however medical professionals can attempt to treat the individual symptoms a person is experiencing. Treatment can involve medication to reduce the pain of headaches and psychological/cognitive therapy to improve emotional and cognitive impairments. [3]
Can I receive compensation for a traumatic brain injury?
If you have suffered a concussion/traumatic brain injury through the fault or negligence of another party, you may be entitled to compensation from the at-fault party for your injuries and losses. Some of the types of compensation available to an injured party include damages for pain and suffering, past and future loss of income and loss of competitive advantage, future cost of care, loss of housekeeping and home maintenance capacity, and out-of-pocket expenses. In some instances, family members of the injured person may also have a claim pursuant to the Family Law Act. There are strict time limits for starting a lawsuit, and it is therefore important to seek advice from an experienced personal injury lawyer as soon as possible.
Additionally, if you have suffered a concussion/traumatic brain injury in a motor vehicle accident, you may be entitled to benefits through your automobile insurer, commonly known as Accident Benefits. Standard policies in Ontario provide medical and rehabilitation benefits in three categories:
- Minor Injuries: $3,500.00 of benefits
- Non-Catastrophic Injuries: $65,000.00 of benefits
- Catastrophic Injuries: $1,000,000.00 of benefits
Demonstrating a traumatic brain injury with ongoing post-concussive symptoms can result in access to Non-Catastrophic or Catastrophic benefits, depending on the severity of your impairments. An experienced personal injury lawyer can help ensure you receive the benefits to which you’re entitled.
How to reduce your risk of traumatic brain injuries
While many causes of traumatic brain injuries can be unpredictable, there are several measures you can take in your everyday life to reduce your risk:
- Always wear a seatbelt in a motor vehicle.
- Always wear a helmet when biking, rollerblading or skating.
- Avoid falls by wearing appropriate footwear, such as winter boots during wet or icy weather.
- Use handrails when traversing stairs.
- Stay alert to your surroundings.
How Bogoroch & Associates LLP can help
Our experienced Brain Injury Lawyers have a proud track record of obtaining exceptional results for accident victims and their families. No matter how complex your claim, our experienced lawyers will advocate vigorously on your behalf and make sure your case is managed effectively and promptly. Our many years of experience and personal commitment will help you get the compensation and benefits you deserve. We will guide you through the justice system with specialized knowledge, dedication, and compassion because the only acceptable outcome for us is the best possible settlement for you.
Our founding partner, Richard M. Bogoroch, has been recognized as a leading personal injury lawyer by The Canadian Legal Lexpert Directory and by The Best Lawyers in Canada. The Canadian Legal Lexpert Directory and The Best Lawyers in Canada are two highly regarded lawyer rating publications.
If you or your loved one has a concussion or traumatic brain injury, please contact any of our personal injury lawyers at Bogoroch & Associates LLP for a free consultation.
Contact a personal injury lawyer near me by calling 1-866-599-1700 or visit our Contact page for all inquiries.
[2]https://www.mayoclinic.org/diseases-conditions/post-concussion-syndrome/symptoms-causes/syc-20353352
