Diffuse Axonal Injury (DAI) Claims in Ontario

What diffuse axonal injury is

Diffuse axonal injury (DAI) is a type of traumatic brain injury in which the brain's long connecting nerve fibres (axons) are stretched and damaged across several areas. It is usually caused by rapid acceleration, deceleration or rotation of the head, as in a high-speed collision, rollover or a pedestrian or motorcycle crash, and it can occur without a direct blow to the head.

Why it can be missed

Standard CT scans in the emergency department may appear normal or show only subtle changes. MRI, including specialized sequences, is generally more sensitive. Symptoms such as confusion, memory loss, personality change or prolonged unconsciousness may be the first signs. If you or a family member had a serious collision and something is not right, ask the treating team whether further imaging or a specialist referral is appropriate.

How DAI affects a claim

• Accident benefits for treatment, rehabilitation and attendant care, and possible catastrophic impairment designation
• Claims against the at-fault party for pain and suffering, income loss and future care
• Expert evidence from neurology, neuropsychology and rehabilitation professionals
• Life-care and future-care planning where effects are long-term

What families can do now

1. Keep copies of hospital discharge summaries and imaging reports.
2. Write down changes in memory, behaviour and abilities, with dates.
3. Notify the auto insurer within 7 days and request the accident benefits forms.
4. Speak with a lawyer before signing releases or giving recorded statements.

Deadlines that apply

• Notify your own auto insurer within 7 days of a motor vehicle accident, and send the accident benefits application within 30 days of receiving the forms, or as soon as practicable.
• Most lawsuits must be started within 2 years of the date you knew or ought to have known of the claim (Limitations Act, 2002).
• Disputes over accident benefits generally go to the Licence Appeal Tribunal, which has its own time limits after a denial.
• Where a road defect or municipal maintenance is involved, written notice to the municipality is generally required within 10 days.

A late notice does not always end a claim, but it can create problems that are avoidable. Call early, even if you are still in treatment.

Fees

Injury consultations are free. Most injury files are handled on a contingency fee under a written agreement, explained before you sign. See how injury fees, costs and disbursements work.