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Brain Injury Lawyers

Each year, 12,000 Ontarians sustain disabling brain injuries; about half are acquired in motor vehicle accidents. While these statistics are concerning, for most people they will remain abstract. It is only when you or one of your loved ones sustains a traumatic brain injury that you understand how suddenly, dramatically and totally a life can change.

An acquired brain injury can cause physical, cognitive and behavioural or emotional impairment. These debilitating injuries can cause temporary or permanent damage, and rehabilitation and the path to recovery can remain quite uncertain. The complexity of our brains means that while many traumatic brain injuries share common characteristics, each can have unique effects.

The most serious acquired brain injuries - particularly among children whose brains are still developing - will require a person to have significant medical needs and a high level of attendant care. In addition to suffering from a diminished quality of life in ways that cannot be quantified, the calculable cost of lost income, lost familial support, and medical care can be astronomical for the most severe injuries.

When a person sustains a traumatic brain injury in or as a result of a motor vehicle accident in Ontario, they are eligible to apply for funds through the Statutory Accident Benefits Schedule, also known as (SABS). These no-fault benefits provide up to $1 million for medical and attendant care over a lifetime if a brain injury is deemed to be “catastrophic.” However, if an insurance company contends an accident victim does not meet this threshold, they could receive substantially less compensation.

If you or a loved one has suffered a serious brain injury in a motor vehicle accident, it is important to contact a knowledgeable, experienced and skilled personal injury lawyer to ensure you have help accessing the benefits and compensation you need. Gluckstein Lawyers’ catastrophic brain injury team has a proven track record of assisting people like you in your time of need with the respect, dignity and compassion you deserve.

Traumatic brain injuries in motor vehicle accidents.

Causes.

Whether you are a driver, passenger, cyclist or pedestrian, if you are involved in a motor vehicle accident you can sustain a traumatic brain injury from a blow to the head, the insertion of a foreign object into your brain, or even a sudden movement of your head or neck.

Some examples of motor vehicle accidents that result in traumatic brain injuries include:

  • A front-end collision will cause your vehicle to stop suddenly while your body continues to move forward with momentum. This can cause your head to make contact with the steering wheel, dashboard, window or a loose, flying object. Even if your head does not contact an object, whiplash associated disorder (internal tissue and blood vessel damage) from the violent backward and forward movement of your head and neck is common. Sudden movements like these can lead your brain to hit the inside of your skull with great force causing bruising (coup lesions).
  • In a side-impact collision, your body will move toward the direction of the point of impact. Frequently this causes a person’s head to hit a side window or other part of the side of the car. If direct contact between the head and an object is avoided, both sides of the brain are still often impacted by the skull as the head and neck move from side to side. Being “T-boned” directly in the side of the car, as opposed to an impact near the front or rear of the car, is considered much more likely to cause severe injury.
  • If a person is thrown from the vehicle, or a car strikes a pedestrian or cyclist, there is a great risk of contact between the head and a stationary object. If debris manages to enter the brain, an accident victim could have a life-threatening open head wound.

Injury levels and symptoms.

Whether a person sustains a mild, moderate or severe traumatic brain injury depends on the extent of the damage to the brain and whether it is repairable:

  • Mild traumatic brain injuries are minor concussions that may cause temporary headaches, sleep disturbances, and/or impaired concentration, memory, speech, coordination or judgement. Other common symptoms include nausea or vomiting, fatigue or drowsiness, sensory disturbances (blurred vision, ringing in ears, light sensitivity, etc.). There may be brief loss of consciousness or a dazed or confused feeling following the injury. These symptoms usually resolve on their own within days to weeks with rest. They can, however, last much longer.
  • Moderate traumatic brain injuries often cause a loss of consciousness for several minutes to hours and can lead to post-concussion syndrome involving persistent or worsening headaches, extended periods of nausea or vomiting, seizures, convulsions, dilated pupils, clear fluids draining from the nose or ears, weakness, loss of coordination, significant memory loss or confusion, and unusual or extreme changes in mood and behaviour. In these cases, symptoms may last months or years and increase the risk of anxiety, depression and mood disorders.
  • Severe traumatic brain injuries usually lead to an extended period where consciousness is lost and may cause coma. A person may spend periods in a vegetative state or be minimally conscious. When emerging from a state of minimal consciousness, a person may be able to answer simple questions or complete simple tasks. Once consciousness is regained a person may spend time in a post-traumatic confusional state with potential for amnesia. People with severe TBIs may be unable to form or retain new memories, be unable to perform complex tasks, lose the ability to walk or talk, have notable sleep disturbances, experience altered moods, do unsafe things and/or lose impulse control. Significant bruising, ripping or tearing of brain tissue from violent movement or from a foreign object entering the brain, can lead to death or serious permanent injury. A severe traumatic brain injury from a motor vehicle accident may be designated a “catastrophic brain injury” for insurance purposes if certain criteria are met.

Children’s symptoms.

Children, particularly pre-verbal children, may not be able to explain or indicate symptoms. If you believe a child has experienced a TBI, look for:

  • Changes in nursing or eating.
  • Change in sleep habits.
  • Drowsiness.
  • Persistent crying, sadness or depressed mood.
  • Loss of interest in favourite things.
  • Unusual irritability.
  • Difficulty paying attention.
  • Seizures.

A “catastrophic” designation.

The Statutory Accident Benefits Schedule (SABS) provides three tiers of compensation for injuries sustained in motor vehicle accidents in Ontario. The Minor Injury Guideline (which includes whiplash-related injuries) provides up to $3,500 for medical-rehabilitation costs. More significant injuries, including some traumatic brain injuries, are eligible for up to five years of medical-rehabilitation and attendant care funding totaling $65,000. To reach the next threshold, known as a “catastrophic injury” designation, an injured person must meet specific criteria.

For traumatic brain injuries, the criteria differ depending on their age at the time of accident. If the person was 18 years of age or older at the time of the accident, a traumatic brain injury would be indicated on medically recognized brain diagnostic technology. The accident-derived injury could include intracranial contusions or haemorrhages, diffuse axonal injury, cerebral edema, midline shift or pneumocephaly. An assessment based on the Glasgow Outcome Scale guidelines would rate the injury as a:

  • Vegetative State, one month or more after the accident;
  • Upper or Lower Severe Disability, six months or more after the accident; or
  • A Lower Moderate Disability, one year or more after the accident.

If the injured person was under the age of 18 at the time of the accident, a catastrophic traumatic brain injury would meet one of the following criteria:

  • The person is accepted for admission, on an in-patient basis, to a public hospital named in a Guideline with positive findings on medically recognized brain diagnostic technology indicating intracranial pathology that is a result of the accident.
  • The person is accepted for admission, on an in-patient basis, to a program of neurological rehabilitation in a paediatric rehabilitation facility that is a member of the Ontario Association of Children’s Rehabilitation Services.
  • The person’s level of neurological function does not exceed category 2 (Vegetative) on the King’s Outcome Scale for Childhood Head Injury one month or more after the accident.
  • The person’s level of neurological function does not exceed category 3 (Severe disability) on the King’s Outcome Scale for Childhood Head Injury six months or more after the accident.
  • The person’s level of function remains seriously impaired such that the insured person is not age-appropriately independent and requires in-person supervision or assistance for physical, cognitive or behavioural impairments for the majority of their waking day, nine months or more after the accident.

Beyond these criteria, if the traumatic brain injury itself or in combination with other injuries results a class 4 impairment (marked impairment) in three or more areas of function that precludes useful functioning, or a class 5 impairment (extreme impairment) in one or more areas of function that precludes useful functioning, due to mental or behavioural disorder, they may also be deemed to have a catastrophic designation.

We’re here to help.

It’s in the insurer’s interest not to assess an accident victim’s injury as catastrophic if possible. When the person’s prognosis leaves any room for doubt about the extent of their disability, an insurer may attempt to deny a catastrophic injury claim or unreasonably delay processing it.

At a time when you or your loved one are coming to terms with a life-altering injury, you should not have to face another battle with insurers on your own. Gluckstein Lawyers' catastrophic brain injury team can be your fierce and tireless advocate for justice. With 60 years of experience in the field, and a reputation that sees us consistently ranked among the country’s top personal injury firms, we have what it takes to help you make a case for a catastrophic designation.

When you contact our team for an initial, no obligation, free consultation, we will listen to your story with great empathy. Once we explain your rights, various options, and how we can help, you will feel confident in making an informed choice on how to proceed.

If you choose to file a claim through our firm, we will work tirelessly on your behalf and with your best interests always in mind. Although you may be worried about the cost of legal representation, rest assured that we will only accept payment if we are successful in negotiating a settlement for you or in winning a court award for damages.

Beyond our skill in this field, we are renowned for our commitment to compassionate full-circle client care. We treat the people we represent as we would our own family. We care not only about your case, but also every aspect of your well-being as you work to rebuild and live your best life possible. We do whatever we can to help you on this journey.

At Gluckstein Lawyers, we often first meet our clients at one of the lowest points in their lives. Our goal is always to help you see better days ahead. You can trust our team to treat you with dignity, respect, and compassionate kindness every step of the way.

Our personal injury lawyers in Toronto, Ottawa, Niagara, and Barrie serve clients across Ontario and are here to work with you. Contact us now to learn more about how we can help you.

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Brain Injury FAQs.

What is Disability?

Disability is a broad term that encompasses physical, cognitive, sensory, or mental impairments that may limit an individual's ability to engage in certain activities or perform tasks compared to the general population. Disabilities can be temporary, permanent, or episodic, and they vary in severity and impact on daily functioning.

Disabilities can result from various factors, including congenital conditions, illnesses, injuries, accidents, or age-related changes. The effects of a disability can manifest in limitations related to mobility, communication, cognition, sensory perception, or self-care, affecting an individual's independence and quality of life.

In the context of insurance, such as Long-Term Disability (LTD) coverage, disabilities are typically assessed based on their impact on an individual's ability to work and earn income. Insurance policies define disability criteria to determine eligibility for benefits, considering factors such as medical evidence, functional limitations, and the individual's capacity to engage in gainful employment.

Understanding the nature of disabilities, their diverse manifestations, and the challenges they pose to individuals is crucial for creating inclusive environments, providing appropriate support and accommodations, and promoting equal opportunities for individuals with disabilities in various aspects of life.

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What are the long term effects of birth injuries?

Birth injuries can have lasting effects on a child's health and well-being, leading to various long-term consequences such as:

  • Physical Disabilities: Birth injuries like cerebral palsy, Erb's palsy, or brain damage can result in long-term physical disabilities that may affect mobility, coordination, and overall physical function.
  • Cognitive Impairments: Some birth injuries can impact cognitive development, leading to learning disabilities, developmental delays, or intellectual impairments that persist into adulthood.
  • Emotional and Behavioral Challenges: Children who experience birth injuries may face emotional and behavioral challenges such as anxiety, depression, attention deficit hyperactivity disorder (ADHD), or other mental health conditions.
  • Chronic Health Conditions: Certain birth injuries may predispose individuals to chronic health conditions like epilepsy, respiratory problems, vision or hearing impairments, and other ongoing medical issues.
  • Social Impact: Birth injuries can influence social interactions and relationships, potentially leading to feelings of isolation, difficulties forming connections, or challenges in social integration.
  • Educational Needs: Children with birth injuries may require specialized educational support, individualized learning plans, or assistive technologies to accommodate their unique needs and facilitate academic progress.
  • Financial Burden: The long-term effects of birth injuries can impose a significant financial burden on families due to healthcare expenses, therapy costs, assistive devices, and ongoing care requirements.

Understanding the potential long-term effects of birth injuries is essential for parents, caregivers, and healthcare providers to ensure early intervention, appropriate treatment, and necessary support to help children thrive despite the challenges they may face. If you suspect that your child has suffered a birth injury, seeking medical evaluation and legal guidance promptly can help address the long-term implications effectively.

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Who can be sued for a birth injury caused by medical negligence?

In cases of birth injury resulting from medical negligence in Ontario, various entities may face legal action, including:

  • Healthcare Providers: This category encompasses obstetricians, midwives, nurses, and other healthcare professionals directly engaged in prenatal care, labor, or delivery services.
  • Hospitals or Medical Facilities: The institution where the birth injury occurred could be deemed liable, particularly if their policies, practices, or inadequate equipment contributed to the negligent circumstances.
  • Medical Staff: Individual healthcare workers whose actions or oversights led to the birth injury can be held accountable.
  • Pharmaceutical Companies: If medication or medical devices played a role in the birth injury due to defects or improper use, pharmaceutical companies might be implicated in the legal proceedings.
  • Third Parties: External entities such as medical equipment manufacturers, maintenance contractors, or other involved parties in the birthing process that contributed to the negligence leading to the birth injury.

To ascertain responsibility in cases of birth injury caused by medical negligence, a comprehensive investigation, legal acumen, and collaboration with medical experts are essential. If you suspect that your child has suffered a birth injury due to medical negligence, seeking guidance from a specialized birth injury lawyer in Ontario is recommended. They can assess your situation, identify the responsible parties, and assist you in navigating the legal process to pursue rightful compensation

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Why should I hire an Ontario birth injury lawyer?

Hiring a birth injury lawyer in Ontario can be crucial for several reasons:

  • Legal Expertise: Birth injury cases can be complex, and an experienced lawyer specializing in this area understands the laws and regulations specific to birth injuries.
  • Maximizing Compensation: A skilled lawyer can help you seek the maximum compensation you deserve for medical expenses, ongoing care, pain and suffering, and other damages.
  • Investigation and Evidence Gathering: A lawyer can conduct a thorough investigation, gather evidence, and consult with medical experts to strengthen your case.
  • Navigating the Legal Process: The legal process  can be overwhelming, but a lawyer will guide you through each step, ensuring your rights are protected.
  • Peace of Mind: By entrusting your case to a knowledgeable lawyer, you can focus on your family while knowing that your legal matters are in capable hands.
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What is the deadline for filing a birth injury claim?

In Ontario, there are limitations on how long you have to file a birth injury lawsuit, known as the statute of limitations. It's crucial to consult with a lawyer promptly to understand your legal options and ensure timely action is taken to protect your rights.

For personalized guidance on your specific situation, we recommend reaching out to a reputable birth injury lawyer in Ontario for a consultation.

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What type of cases do birth injury lawyers take on?

Birth injury lawyers in Ontario handle a wide range of cases, including but not limited to:

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Why is it important to receive a catastrophic designation?

Receiving a catastrophic designation after being injured in a personal injury accident in Ontario is crucial for several significant reasons.

A catastrophic designation often leads to increased benefits under the Statutory Accident Benefits Schedule (SABS). This designation can result in higher coverage limits for medical expenses, attendant care, rehabilitation, and other essential services.

Individuals with a catastrophic designation may gain access to specialized medical treatments, therapies, and support services tailored to address the specific needs arising from severe injuries, such as traumatic brain injuries or spinal cord injuries. Catastrophic designations can lead to higher compensation amounts for future care costs, income replacement, and other financial losses incurred due to the catastrophic injury. This financial support is crucial for long-term recovery and rehabilitation.

Having a catastrophic designation ensures individuals receive ongoing support, including long-term medical care, rehabilitation services, vocational assistance, and other resources aimed at promoting independence and quality of life. Recognition of a catastrophic injury through the designation allows individuals to access resources such as adaptive equipment, home modifications, and specialized therapies that can significantly improve their quality of life post-injury.

Receiving a catastrophic designation in Ontario is instrumental in ensuring individuals with severe injuries receive the necessary benefits, care, financial support, and legal advantages required for their recovery, well-being, and overall quality of life.

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What is considered to be a catastrophic injury?

A catastrophic injury causes significant and permanent impact or damage to a victim. However, the term catastrophic injury has a specific meaning and is defined by certain criteria when applied to Ontario's Statutory Accident Benefits Schedule (SABS) for motor vehicle accidents.

Some examples of catastrophic injuries according to SABS criteria include:

  • A severe brain injury;
  • Loss of a limb;
  • Extreme loss of vision; and
  • Paralysis, among other injuries.
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How can the traumatic brain injury lawyers at Gluckstein Lawyers help prove another person's negligence following a motor vehicle accident?

Traumatic brain injury lawyers play a crucial role in proving another person's negligence following a motor vehicle accident. They utilize various strategies and resources to establish fault and seek compensation for their clients.

By leveraging their legal expertise, investigative skills, access to expert witnesses, documentation practices, negotiation tactics, and litigation experience, Gluckstein Lawyers' traumatic brain injury lawyers can effectively help prove another person's negligence following a motor vehicle accident and pursue appropriate compensation for the injuries and losses incurred by their clients.

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What are some signs and symptoms of severe head trauma?

Each brain injury is a unique event with its own set of effects, there are some common difficulties arising from severe head trauma, including:

  • Headaches;
  • Confusion;
  • Lightheadedness;
  • Full or partial paralysis;
  • Dizziness;
  • Blurred vision or tired eyes;
  • Ringing in the ears;
  • Bad taste in the mouth;
  • Fatigue or lethargy;
  • Changes in sleep patterns;
  • Behavioural or mood changes;
  • Trouble with memory, concentration, attention, or thinking;
  • Repeated vomiting or nausea;
  • Convulsions or seizures;
  • Inability to awaken from sleep;
  • Dilation of one or both pupils of the eyes;
  • Slurred speech;
  • Weakness or numbness in the extremities;
  • Loss of coordination;
  • Increased restlessness or agitation.
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What is the second thing I do if I sustained a traumatic brain injury?

If you suffered a traumatic brain injury (TBI) due to someone else’s careless or negligent behaviour, after getting medical attention your next priority should be contacting an experienced catastrophic injury lawyer.

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What is the first thing I should I do if I sustained a serious blow to the head during an accident?

Any accident involving a serious blow to the head should be enough to seek immediate medical care, even if you feel fine in the following hours or days. Damage to the brain does not always produce noticeable symptoms immediately, so it is best to let a medical professional evaluate your cognitive abilities and brain function after an accident.

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What are the time limits on filing a catastrophic injury claim?

In Ontario, the time limits for filing a catastrophic injury claim are governed by the province's Limitations Act, 2002.

In Ontario, individuals generally have two years from the date of the accident or the date they discover their injury to file a personal injury claim, including claims related to catastrophic injuries. This two-year period is known as the limitation period.

If the catastrophic injury was not immediately apparent at the time of the accident and was discovered later, the limitation period may start from the date the injury was discovered or when the individual should have reasonably discovered it.

For individuals who were minors (under the age of 18) at the time of the accident, the two-year limitation period begins to run on their 18th birthday. This provision allows minors extra time to bring a claim.

While there are no formal notice requirements for catastrophic injury claims in Ontario, it is advisable to notify relevant parties, such as insurance companies, as soon as possible after the accident to initiate the claims process.

In certain circumstances, there may be exceptions or extensions to the limitation period. For example, if the injured individual lacks the legal capacity to file a claim, the limitation period may be extended. It is crucial to seek legal advice from an experienced personal injury lawyer promptly after sustaining a catastrophic injury in Ontario to ensure compliance with the applicable time limits for filing a claim.

Missing the deadline could result in the loss of the right to seek compensation for the injuries suffered. A knowledgeable personal injury lawyer at Gluckstein Lawyers can help navigate the complexities of filing a catastrophic injury claim within the specified time limits.

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Why is it important to seek representation from a personal injury lawyer with experience in catastrophic injuries?

It is crucial to seek representation from a personal injury lawyer with experience in catastrophic injuries. Personal injury lawyers with experience in catastrophic injuries have specialized knowledge and expertise in handling complex cases involving severe and life-altering injuries. They understand the unique challenges and nuances associated with catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, amputations, and severe burns.

Lawyers who specialize in catastrophic injuries not only provide legal guidance but also offer emotional support and guidance throughout the legal process, helping clients cope with the challenges they face. By seeking representation from a personal injury lawyer at Gluckstein Lawyers with experience in catastrophic injuries, individuals can ensure they receive the level of care, expertise, and advocacy needed to navigate the complexities of their case, pursue justice, and obtain the compensation they deserve for the profound impact of catastrophic injuries on their lives.

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What benefits can I access if my injury is deemed catastrophic?

If your injury is deemed catastrophic, you may gain access to a range of benefits that can provide crucial support for your recovery and well-being.

Here are some of the benefits you may be able to access:

  • Enhanced Medical Benefits.
  • Income Replacement.
  • Attendant Care Services.
  • Housekeeping and Home Maintenance Benefits.
  • Rehabilitation Services.
  • Transportation Expenses.
  • Case Management Services.
  • Home Modifications.
  • Future Care Costs.
  • Legal and Advocacy Support.

By accessing these benefits, individuals with catastrophic injuries can receive comprehensive support to aid in their recovery, enhance their quality of life, and address the long-term impact of their injuries effectively.

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