Brain Injury

Traumatic Brain Injuries (TBIs):

They are caused by external body force, i.e., by blow to the head or violent movement, usually from motor vehicle accidents, falls, sporting or assault-related injuries.

Acquired Brain Injuries(ABIs):

Not caused by external trauma but after birth due to internal reasons such as stroke, infection, tumors, or hypoxia.

Brain Injury Canada reports that approximately 165,000 Canadians suffer from brain injury each year. Some of the most common causes are:

• Falls: Most common among children and elderly people.
• Motor Vehicle Crashes: One of the most common causes of severe TBIs.
• Violence and Assault: Child abuse and domestic violence.
• Sports and Activities: Football, hockey, and cycling are contact sports.
• Accidents at Work: Especially when there is use of heavy machinery or hazardous working condition.

Traumatic Brain Injury (TBI) Signs and Symptoms

Mild TBI (Concussion):

• Dizziness, headache, nausea
• Fatigue or drowsiness
• Trouble with memory or concentration
• Sensitivity to light or noise
• Dazed or confused feeling
• Mood change or sleeping trouble

Moderate to Severe TBI

• Loss of consciousness from minutes to hours
• Increase in headache or frequent headache
• Vomiting, seizures, or convulsions
• Weakness, loss of coordination of arm or leg
• Slurred speech, confusion, or irritability
• Profundal Agitation
• Coma or other decreased states of consciousness

In children:

• Changes in eating, sleeping habits
• Crying, irritability ongoing
• Loss of interest in favorite toys or games
• Seizures or unusual drowsiness

Your Right to Compensation After a Brain Injury in Canada

If you or a relative has been brain-injured through the fault or negligence of another, you can recover damages under Canadian tort law.

When Can You Sue for a Brain Injury?

You can sue if the brain injury was caused by:

• A car accident
• A fall on third party premises
• An assault or violent assault
• An occupational accident resulting from insufficient training or safety
• Medical negligence or delayed diagnosis
• Toxic exposure or carbon monoxide poisoning

You can still get compensation even if the negligent party is half to blame.

Types of Compensation That You Stand to Receive

General Damages

• Pain and suffering
• Loss of quality of life
• Emotional distress

Special Damages

• Loss of current and future earnings
• Medical and rehab charges
• Full-time care and assistance
• Assistive equipment or home adaptation
• Treatment travel cost

Compensation Estimates (Based on Canadian Case Law & Precedents):

Although Canada lacks a standard compensation table as does the UK Judicial College Guidelines, the below is a rough guide in seeking past cases:

• Severity of InjuryApproximate Compensation (CAD)
• Minor Concussion$5,000 – $30,000
• Moderate Brain Injury$50,000 – $250,000+
• Severe Brain Injury$300,000 – $1,000,000+
• Lifetime Care Cases$2 million – $10 million+ (total)

Note: The actual amount will depend on the effect on the individual’s life, capacity to work, and long-term care required.

Time Limits to Claim a Brain Injury in Canada

General Limitation Period: 2 years from the date of injury or from when the injury would have been reasonably discovered (province-specific).

Children: Time begins when the child turns 18.

Mental Incapacity: Time may be suspended if the individual is mentally incapable of managing affairs.

It is necessary to act quickly and engage the services of an injury attorney because doing nothing can eliminate you from your claim or make you ineligible to be compensated.

Can You Sue on Somebody Else’s Account?

Yes. In case your relative is mentally incapable or a minor, you may sue in their place as a “litigation guardian.” It also covers parents, guardians, spouses, or caregivers that have been made responsible for such duty.

What If the Person Died?

If you lost a loved one due to a brain injury, you might be able to sue for wrongful death. You might recover for funeral bills, loss of companionship, and lost wages.

How to Start a Brain Injury Compensation Claim

• Get in touch with a solicitor who deals with personal injury or brain injury claims.

Gather documentation, including:

• Medical records and diagnoses
• Accident or police reports
• Witness statements or CCTV footage
• Employment records (if loss of income is involved)
• Document how the injury has impacted your life, including changes in mood, mobility, income, relationships, and overall well-being.

We’re Here to Help

With years of experience representing clients across Canada, our firm is well conversant in the economic and psychological burden of brain injuries. Regardless of your case – whether you are presenting in person or for a loved one – we are committed to assisting to make sure that you will get your entitled compensation and attention.

Call us now to arrange a free consultation. We will inform you of your rights, respond to your questions, and direct you further, step by step.