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brain injury

Personal Injury - Brain Injuries

Trauma to the head and body put the brain at risk of injury. Sports medicine has helped all of us understand that jarring injuries like a tackle in a game of football or a body check in a game of hockey can cause serious and permanent brain injury. Motor vehicle collisions and slip and fall injuries put victims at risk of suffering serious and permanent brain injury. Sometimes the brain injury is obvious and other times it is not. No two brain injuries are alike and the impairments suffered by each brain injury victim will be different. The brain is a complex organ that is composed of many sections, each controlling different functions of the body. Brain Injuries can cause a host of disabling physical, cognitive, emotional and behavioural impairments. Traumatic Brain injury can have a devastating effect on the lives of the victim and their families. Coping with the needs of the traumatic brain injury victim can be extremely difficult.

In Ontario, victims of brain injury resulting from a car accident can claim compensation for their losses from their own insurance company (No-Fault Accident Benefits). Your insurer is obliged to pay No-Fault Accident Benefits compensating for lost income and paying for help performing household maintenance and self care activities. It must also pay for all necessary medical services and rehabilitation. The benefits are payable upon application. Time limits govern when you must apply. Ontario laws determine which benefits are payable. Insurers often deny benefits they are obliged to pay. You are entitled to dispute the insurer’s refusal to pay your benefits. Different levels of benefits are available to brain injury victims, depending upon the type of injury and impairments. The process is complicated and requires analysis by an experienced lawyer.

No Fees Until We Are SuccessfulInnocent victims of a brain injury, caused by a motor vehicle collision or any other cause, may also be entitled to claim compensation from the person responsible for the accident. The at-fault person’s insurer normally pays the compensation. In Ontario, injury victims who suffer serious and permanent injuries can recover damages compensating them for all of their losses, including their pain and suffering, their past and future lost income, their extraordinary future health care and home maintenance costs and their out of pocket expenses.

Time limits govern when the brain injury victim must notify the responsible parties that you intend to bring a claim and they also govern when you must start your claim for compensation. These time limits can restrict your rights to recover your losses.  Each claim is different. Assessing the value of your brain injury claim and determining responsibility requires analysis by an experienced brain injury lawyer.

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