May 31, 2023 in News Brain Injury

Brain Injury: Ultimate Guide to Brain Injury Lawsuits - A Brain Injury Lawyer Explains

Everything You Need to Know About Traumatic Brain Injury Liability and Payouts: A Brain Injury Lawyer Explains

Traumatic brain injuries (or TBIs) are life-altering for the accident survivor and their family, an  experienced brain injury lawyer knows all too well. Even a seemingly minor concussion can have long term health impacts or lead to death if not treated timely. 

It’s estimated that around 2% of Canadians live with a traumatic brain injury (TBI), and 456 people suffer TBIs every day. If your injury has been caused by someone else’s negligence, you can pursue a brain injury lawsuit for the loss you have suffered (and will continue to suffer in the future).

Understandably, survivors and their loved ones have the same question: what is an average settlement for a traumatic brain injury? After all, for many, this financial compensation will need to replace a potential lifetime of earnings that the victim is unable to make due to the injury. 

This blog answers some of the most common questions brain injury survivors and their loved ones have.

What Is an Average Settlement for a Traumatic Brain Injury

The severity and impact a TBI has is always unique, which makes it extremely difficult to provide an accurate estimate without knowing your medical diagnosis and personal circumstances. Brain injury settlements can be anywhere from over $100,000 to well into the millions, depending on factors such as:

• Severity of injuries
• Impact on physical, mental and emotional well-being
• Caregiving and attendant care costs
• Loss of future prospects

Discuss your accident with a brain injury lawyer to understand what is an average settlement for a traumatic brain injury and how much you can expect to receive.

Can I Claim Compensation for a Brain Injury?

Yes, you may be entitled to compensation if you have suffered a TBI as a result of someone else's negligence or wrongdoing. 

You can claim compensation for:

• Pain and suffering
• Medical expenses
• Lost income
• Impact on personal and professional life
• Attendant care
• Family caregiving 
• Rehabilitation 

Make sure you approach an experienced brain injury lawyer as soon as possible after the accident. Saving receipts of medical expenses, doctor’s notes, accurate diagnoses, and other such steps are essential for building a strong brain injury lawsuit.

What Percentage Do Personal Injury Lawyers Take in Ontario for a Brain Injury Lawsuit?

The ‘percentage’ refers to the contingency fee that a personal injury lawyer charges when they successfully get you compensation. This is better known as “No Win, No Fee”, and means you will not have to pay legal fees if you don’t receive compensation.

The Law Society of Ontario does not prescribe a fixed percentage; instead, it can range from 25% to over 40% for complex brain injury lawsuits.

The percentage personal injury lawyers in Ontario charge depends on the complexity of the case, evidence gathering, expert testimony required, the resources the firm needs to invest, and other factors. 

Injured in a Recreational Game? Ontario courts recently allowed compensation for TBI suffered during a beer league hockey game [Here’s Why the Court Awarded $700,000]

How Much is a Concussion Settlement in Canada?

There is no fixed amount for a concussion settlement in Canada; it depends on the specific circumstances of your case. To find out what the average traumatic brain injury settlement is and how much you can receive, you should speak to an injury lawyer.

The final settlement amount will be negotiated between your brain injury lawyers and the defendants (the negligent party and any insurance companies involved). It’s why you need a law firm that has the expertise and resources to investigate your accident comprehensively and assert your rights vigorously. 

What Can I Claim If I Suffered a Brain Injury?

If you have suffered a brain injury, you may be entitled to claim compensation for various types of damages. Here are some of the damages that you can claim for a brain injury:

• Medical expenses: Including medical costs related to the treatment and care, such as hospital bills, doctor's fees, medications, rehabilitation expenses, and ongoing therapy.
• Loss of income: If you have had to miss work or have suffered reduced earning capacity, you can claim compensation for lost wages, including future earnings.
• Pain and suffering: Compensation for the physical pain, mental anguish, and emotional distress caused by the injury.
• Loss of enjoyment of life: If the injury has affected your ability to participate in hobbies or activities you previously enjoyed, or participate socially.
• Caregiver expenses: Assistance with day-to-day activities or having to hire someone to provide care for you, you can claim compensation for caregiver expenses.
• Home modifications: Making modifications to your home to accommodate your injury.

What Is Considered a Serious Brain Injury?

Serious or traumatic brain injuries are classified on a spectrum based on their severity. 

Mild TBI (mTB) are defined as disrupted brain function due to a hard impact to the head. Symptoms include altered or loss of consciousness, coma, posttraumatic amnesia. mTBI are also referred to as concussions 

Moderate to severe injuries show more severe symptoms, long-term impacts, and increased risks of suffering other health problems, such as dementia and Parkinson’s. 

Do Traumatic Brain Injuries Get Worse Over Time?

Source: CDC

The symptoms of a TBI may manifest within hours, days or weeks after the accident. Injuries that become worse over time are called persistent symptoms. Even mild TBI left untreated can cause injuries to get worse over time, leading to permanent injuries and death. 

Rehabilitation and ongoing monitoring are essential for ensuring injuries don’t get worse and any new symptoms that appear are addressed.

What is the Life Expectancy After Traumatic Brain Injury?

A mild TBI may not impact life expectancy noticeably, however moderate to severe TBIs can shorten life expectancy by as much as nine years, according to the American Centers for Disease Control.

It found that TBI survivors who have received inpatient rehabilitation are 50 times more likely to die of seizures, 11 times more likely to die of drug poisoning, and 6 times more likely to die from pneumonia. Suicide, too, is a major concern for brain injury survivors.

Do You Ever Fully Recover From a Brain Injury?

Absolutely! We have seen survivors make full recoveries from serious injuries and return to happy, prosperous lives. What you need most of all during your journey to recovery is a team that fights for your rights every step of the way.

From getting you compensation to advocating for your best interests before rehabilitation teams, our brain injury lawyers will guide you throughout your journey. 

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Is Brain Injury a Permanent Disability?

A brain injury can cause a permanent disability, though most survivors are able to make comprehensive recoveries. You can also qualify as “totally disabled” for a TBI, though don’t be surprised if your insurance company finds a way to deny your claim.

If your insurer is denying you coverage, here’s what you should do:

1. Get the reasons for denial in writing; this can highlight their bias or lack of due diligence
2. Talk to your doctor and have them outline why you cannot work; it’s not uncommon to get second opinions if your doctor is uncertain
3. Speak to brain injury lawyers; you need an experienced, capable law firm that can investigate your claim effectively

How Do You Prove Brain Injury (and Brain Injury Liability)?

Proving a brain injury is a complex process that involves gathering evidence from various sources. Here are a few things that go into proving brain injury:

• Witness testimony on the severity of accident and the negligence of the party liable. 
• Medical results, including test results, such as MRIs, CT scans, brain SPECT scans, and physicians’ notes documenting symptoms and treatment.
• Expert testimony from qualified medical professionals, such as neurologists, that establish the extent and severity of the brain injury.
• Neuropsychological testing to assess the cognitive and psychological impact of the brain injury.
• Functional capacity evaluations to evaluate the survivor’s ability to perform daily tasks and work-related activities, which are important for establishing the extent of the injury.

Proving a brain injury can be challenging, and it is important to work with experienced personal injury lawyers who can help gather and present the necessary evidence to support your claim.

Get the Treatment, Care and Compensation You Deserve With Our Brain Injury Lawyers

Traumatic brain injuries take an enormous toll on the accident victim and their loved ones. Happy, peaceful lives are shattered in an instant, and the path forward is obscured by uncertainty.

But there is light at the end of the tunnel. Neinstein Personal Injury Lawyers is one of the leading brain injury law firms in Canada. Our lawyers are recognized for their expertise and bring a track record of success. 

Book a free, no-obligation consultation today to discuss your accident worry-free. If you are unable to visit our offices, let us know. We can come see you in the hospital or at your home.