Your Comprehensive Guide to Legal Options After a Brain Injury

Legal Options After a Brain Injury

Approximately 165,000 people experience traumatic brain injuries in Canada every year. While some of them occur due to causes beyond one’s control, the majority of them take place due to the negligence of others. This negligence could take the form of a road accident, workplace accident, medical malpractice, slip and fall accident, etc. Therefore, the victims need to recognize the injury’s cause and understand the available legal options.

Nonetheless, hiring lawyers who sue police in ontario canada can help you secure just compensation for the damages as they possess the requisite knowledge as well as expertise to handle complex cases. 

Understanding common causes of brain injuries

The main driving factor in a traumatic brain injury case is the cause of the injury. While a brain injury can occur in various settings, the following are some of the most common scenarios where you can sue the responsible person for causing the injuries.

  • Car accident: Car accidents can be severely traumatic and can cause excessive damage to your brain and spine. Moreover, head concussions and traumatic brain injuries are some of the most common injuries noted in a car accident.
  • Slip and fall accident: The property owners or occupants are responsible for maintaining the premises. However, poorly maintained properties may lead to slip and fall accidents, which can cause serious brain injuries, particularly in older people and children.
  • Workplace accidents: Some industries, like construction and mining, are more prone to accidents than others. Even a slight overlook in safety measures on the part of the employer may lead to catastrophic accidents that may involve brain injuries.
  • Sports injury: Sports are an injury-prone activity. While a few bruises and muscle sprains are common, sometimes a head injury may lead to traumatic brain injuries. Sports like boxing, hockey, or football have a higher risk of such injuries.
  • Medical malpractices: Medical errors like surgical mistakes, wrong medication, birth injuries, missed diagnoses, etc., can sometimes lead to brain injuries and even cause permanent disability.

Important things to consider

Legal Options

Regardless of what caused a brain injury, you must consider the following to ensure prompt legal action.

  • Identify the liable party, as sometimes more than one person or company could be responsible for the injury.
  • Understand the type of injury, as the severity of brain injuries can vary and thus require suitable treatment. Besides, it’ll also help you determine how much compensation you can secure.
  • Document everything related to the accident, such as medical records, pictures of the accident scene, witness testimonials, etc., as it will help you build a strong case.

Types of compensations you may secure

The effects of the aftermath of a brain injury can spread across different areas of your life. It can affect your relationships, finances, and prospects. Therefore, based on your case, you can file for the following damages.

  • Medical expenses like doctor’s fees, medication, surgery, hospital stay, etc.
  • Loss of earning capacity and lost wages due to decreased ability to earn a living.
  • Installation of ramps, bathroom renovations, door widening, and many more modifications required due to your injury
  • You may require a care service due to your inability to live independently as a result of the brain injury.
  • Compensation for pain, suffering, and loss of consortium.

Proving negligence in case of brain injuries

You have to establish the following before the law to prove the liability of another person or entity.

  • The person or the company owed you a duty of reasonable care.
  • The person or the company was negligent in providing reasonable care.
  • The breach of duty has caused your brain injury.
  • You suffered economic and non-economic damages due to brain injury.

Apart from the above, you can use your medical records, accident reports, and witness statements as evidence to prove the negligence of another party. Nonetheless, you can also hire a legal professional to maximize the compensation, negotiate with insurance providers, and guide you through the complex process of brain injury claims. 

Francisco Jerde