Brain injuries are costly on an emotional and physical level

By Paul Russell, LegalMatters Staff • When any part of your body is injured in an auto accident or other circumstance, regaining your health can be a painfully long process. However, full recovery may never happen if your brain is damaged, leaving others to care for you for the rest of your life.

That is why anyone who has suffered a brain injury due to the actions of another person needs to seek legal assistance, says Ontario disability and personal injury lawyer Joshua Goldberg.

“Brain injuries can lead to lifelong impairments, such as cognitive difficulties, vertigo and the inability to concentrate,” says Goldberg, principal of Joshua Goldberg Law. “In the worse cases, the person is unable to function and will require ongoing care for the rest of their lives.”

Traumatic brain injuries (TBI) are sadly common, according to Injury in Review, 2020 edition, published by the Public Health Agency of Canada. It notes that between 2002 and 2016 there were approximately 235,471 injury deaths and of those 53,200 (22.6 per cent) were associated with a TBI diagnosis.

“Some of the leading causes of TBI deaths were transportation collisions and falls among the elderly,” the report states.

Other highlights include:

• Each year in Canada, more than 20,000 people are hospitalized for TBI, which can range from mild to severe.
• Collisions between pedestrians and motor vehicles cause TBI among all age groups.
• There were 657 head injury cases among pedestrians struck by motorized vehicles on roadways, of which 67.1 per cent were TBIs.

“Along with auto accidents, people can suffer a traumatic brain injury in a slip and fall, playing sports, in scuffles with others or the failure of safety gear,” Goldberg tells LegalMattersCanada.ca. “Whether it is a result of someone’s negligence or a car accident, a traumatic brain injury can profoundly affect your life.”

Signs of a brain injury

He says common symptoms indicative of a brain injury are:

• recurring or severe headaches;
• nausea and vomiting;
• ongoing fatigue or drowsiness;
• blurred vision;
• ringing in the ears;
• changes in mood or behaviour;
• convulsions or seizures; and
• inability to wake up from sleep.

“Anyone displaying some or all of these symptoms after sustaining a head injury must seek medical attention immediately,” says Goldberg. “The effects of a mild concussion dissipate but the effects of severe brain trauma will be long-term, perhaps for the rest of your life.”

He says several factors affect the value of a personal injury claim, including the severity of the brain damage.

• Legal advice for injured automobile passengers in Ontario
• Common issues arising from pedestrian/automobile accidents
• AD&D insurance claim denials are common but can be appealed

“Those who have suffered a moderate or severe traumatic brain injury may be eligible for significant compensation,” Goldberg says. “Not only damages for pain and suffering and future medical expenses but also compensation for the loss of enjoyment of life.”

He explains that medical expenses could include physical and occupational therapy sessions, counselling and other treatments not fully covered by OHIP.

“The settlement also must cover the immediate loss of income and inability to work in the future,” Goldberg says. “There is also the stress and emotional pain that comes with any life-altering injury.”

Settlements vary in size

Because the range of impairment that stems from a brain injury is wide-ranging, he says it is impossible to give an estimate on how much compensation someone could expect to receive in a personal injury settlement. However, Goldberg says a look at past settlements provides some clues.

• In 2017 a man’s vehicle was rear-ended on Hwy. 401 in Toronto at high speed, resulting in a mild traumatic brain injury. There was some indication he would be capable of returning to work in the future and he received $160,000 in general damages.
• In 2017 a man was involved in a series of collisions on Hwy. 401 in Toronto after being cut off and taking evasive action to avoid a collision. He suffered a moderate to severe traumatic brain injury, resulting in psychological and cognitive difficulties. His injuries were deemed permanent and he received $290,000 in general damages.
• In January 2011 in Peterborough, Ont., a snow plow with mechanical issues was stopped in one lane of the road. The driver engaged his hazard lights but those did not work due to the vehicle’s loss of power. Another vehicle rear-ended the disabled snow plow and the female passenger sustained multiple fractures and a severe brain injury, leaving her unable to perform vital functions such as eating and speaking. The next year, her parents settled an accident benefits claim against their insurance company for $1.4 million.
• In 2009, a man in a Honda Civic collided with a furniture truck in Toronto in an intersection, resulting in injuries to the frontal and temporal lobes of his brain. The jury found the truck driver 61 per cent responsible and awarded the Civic driver $16.9 million in damages.

“The human and financial cost of a brain injury can be significant since symptoms can linger or be lifelong,” says Goldberg. “That is why injured people or their families need to contact an experienced personal injury lawyer who can help them obtain compensation as soon as possible.

He adds that people must file for compensation within two years of the incident.

“If you do not meet that deadline, you will risk having your case being thrown out of court,” says Goldberg. “A lawyer can help ensure that the other party is held liable for your injury by gathering evidence supporting your case.