An everyday accident—a sudden car crash or an unexpected slip and fall—can shatter your life in an instant by causing trauma to the head. The resulting injury, often diagnosed as a Traumatic Brain Injury (TBI) or severe concussion, changes everything.
From debilitating cognitive issues and chronic pain to emotional distress, living with a TBI means facing a new set of challenges every single day. If your brain injury was caused by the negligence of another party, you deserve comprehensive compensation to cover your extensive medical needs, lost income, and future support. This guide outlines what you need to know about the long road to recovery and securing the strength of your brain injury claim after an accident.
How Common are Brain Injuries Resulting from Car Accidents or Slip and Fall Accidents?
While you might not hear about traumatic brain injuries every day, they occur more often than you might think.
The following statistics from the Brain Injury Association of Canada are quite revealing:
- The majority of bicyclist fatalities from car accidents result from traumatic brain injury (and wearing a helmet reduces the risk of TBI by 88 percent).
- The incidence of acquired brain injury (i.e., brain injuries not from genetics or degenerative disease or birth complications) is significantly greater than multiple sclerosis, HIV/AIDS, spinal cord injuries and breast cancer combined.
- About 1.5 million Canadians are living with brain injury, and about 100,000 acquire a brain injury each year.
In addition, Brain Injury Canada reports that about half of all traumatic brain injuries are caused by slips and fall accidents and motor vehicle accidents. The reality is that TBI is a common consequence of negligence. If you are struggling with a brain injury, the path forward is often confusing, leaving you with more questions than answers about your new reality. If your brain injury was caused after an accident, reach out to our team of brain injury lawyers at Braithwaite Boyle today for a free consultation and see if you have a case.
Who is at Risk of a Brain Injury?
While anyone can be the victim of a traumatic brain injury, certain groups are more at risk than others. According to the Mayo Clinic, the following groups are most susceptible to brain injury:
- Children, especially newborns to 4-year-olds
- Young adults, especially those between ages 15 and 24
- Adults age 75 and older
These groups are high risk for varying reasons. Children under 4 are just getting their bearings and tend to be “clumsier” than grown adults, making it more likely for them to fall in the presence of a hazard. Young adults tend to engage in riskier behaviours, including driving at high speeds and biking without helmets. Those aged 75 or older, like young children, tend to be more susceptible to falls.
What are the Effects of Brain Injuries after an Accident?
The symptoms and side effects of brain injuries are multi-dimensional, and unfortunately, often quite disruptive to a person’s day to day life. Below are a few of the ways in which suffering a TBI may affect a person’s day-to-day life:
- Cognitive Abilities – TBIs may lower a person’s IQ (whether by reducing processing speed, diminishing verbal and language abilities, affecting short or long term memory, or affecting logical reasoning and/or spatial perception).
- Mood and Personality – TBIs may impact the functioning of the frontal lobe, which is responsible for emotional expression, impulse control, and social behaviour, among other things. Further, TBIs are unfortunately often responsible for the onset of depression, partly due to resulting changes in the chemical balance in the brain.
- Headaches and Migraines – TBIs are often responsible for the onset of chronic headaches or migraines.
- Motor Skills and Body Functions – In severe cases, traumatic brain injuries may affect a person’s motor skills and ability to use certain body parts in the same way that they could prior to an accident
- Ability to Work – Due to all of the above, a person’s ability to continue in his or her normal employment may be compromised. Many people who suffer serious concussions struggle with concentration and complex mental tasks, and are only able to work effectively for limited periods of time.
- Interpersonal Relationships – The serious effects of a TBI on a person’s mood, cognitive abilities, personality, and ability to work, can unfortunately cause serious strain on interpersonal relationships.
What Injury Compensation is Available to Victims With a Traumatic Brain Injury (TBI)?
If you or a loved one has suffered a brain injury in a car accident or a slip and fall incident, compensation may be available to you if another party is at fault.
You may wish to commence a lawsuit against an at-fault driver in a car accident, or a retail store that failed to keep its space hazard-free, resulting in a fall. In both cases, the at-fault party will generally have insurance coverage available to pay out your claim, whether by settlement, or if the matter proceeds to trial.
If a third party is liable for your injuries, you may be able to collect compensation for general pain and suffering (known as non-pecuniary general damages), loss of income resulting from an inability to work that relates to your injuries, and costs of various types of medical and rehabilitative care required for ongoing treatment of your injuries. A Calgary, Edmonton or Red Deer brain injury lawyer can help you get the compensation you deserve.
In Labrecque v. Heimbeckner, 2007 ABQB 501 (CanLII), for example, the plaintiff was seriously injured in a highway motor vehicle accident when she was struck by a R.C.M.P vehicle travelling at a high speed. She sustained a moderate to severe traumatic brain injury that resulted in damage to her frontal lobe, among other injuries. Ms. Labrecque was awarded nearly $1.2 million at trial, with $482,000 allocated to future care costs, $200,000 to non-pecuniary general damages, and over $100,000 for diminished earning capacity.
What evidence is needed to prove a mild Traumatic Brain Injury (mTBI)?
Proving a mild Traumatic Brain Injury (often called a concussion) requires meticulous and detailed documentation, as these injuries may not show up on standard imaging tests like CT scans. The most critical evidence needed in proving a traumatic brain injury after an accident includes:
- Immediate Medical Records: Emergency room reports that note any immediate symptoms, such as loss of consciousness, disorientation, memory issues, or confusion following the accident.
- Detailed Symptoms Journal: A daily log of all physical, cognitive (e.g., difficulty focusing, memory lapses), and emotional symptoms recorded by you or a family member. Remember that writing down your symptoms is one of the best ways to document injuries that may not be immediately visible.
- Neuropsychological Assessments: Formal testing performed by a doctor trained in assessing brain function. An objective neuropsychological assessment can measure cognitive deficits resulting from the injury.
- Testimonial Evidence: Statements from family, friends, or coworkers detailing the change in your abilities, behaviour, and daily routine after the incident.
Gathering and presenting all this information can be complex, but it can make a world of difference in determining whether you have a case for injury compensation after an accident. Working with a legal team that understands the challenges of brain injury claims can ensure your medical and life-impact evidence is properly reviewed. If you have been injured in a car accident or slip and fall accident and are looking for support, contact our brain injury lawyers in Edmonton, Calgary or Red Deer for a free consultation.
Can I Claim Injury Compensation if I had a Pre-Existing Concussion?
In short, yes. A history of concussions or a prior Traumatic Brain Injury (TBI) does not prevent you from making a claim after a new incident. This type of legal challenge is common and is addressed through established legal principles:
- Aggravation of a Pre-Existing Condition: If the new accident worsened your prior symptoms or injury, you are entitled to compensation for the degree of worsening caused by the latest incident.
- New Injury: If the impact caused a separate, new injury, you can claim compensation for that injury independently.
The key is determining what part of your current condition is due to the latest trauma. This requires an in-depth understanding of medical and legal causation. Our team is equipped to handle complex medical files, separating the new injury from the old, to ensure you are fully compensated for the losses caused by the most recent accident.
Speak with a Brain Injury Lawyer at Braithwaite Boyle
If you have suffered a brain injury accident in Calgary, Edmonton or Red Deer, a free legal consultation is available from a personal injury lawyer at our firm. We are experienced in claims involving a traumatic brain injury. We can assess your case, help you to maximize a settlement, and take your matter to trial if necessary. Contact us for legal services at 1-800-661-4902.