Traumatic Brain Injury (TBI) Lawyer in Ajax and Durham Region

What a traumatic brain injury is

A traumatic brain injury (TBI) is damage to the brain caused by an external force, such as the head striking a window, the road or a steering wheel, or rapid acceleration and deceleration of the head. TBIs range from concussion (often called mild TBI) to moderate and severe injuries, and some, like diffuse axonal injury, may not show clearly on early scans.

Symptoms to report and record

• Headaches, dizziness, sensitivity to light or noise
• Memory problems, slowed thinking, difficulty concentrating
• Changes in mood, irritability, anxiety or depression
• Sleep problems and fatigue
• Difficulty returning to work, school or household tasks

Tell your doctor about every symptom, even ones that seem minor. Family members often notice changes first; a short written diary from them can be valuable evidence.

Benefits and compensation

After a motor vehicle accident, accident benefits can help with treatment, rehabilitation, attendant care and lost income. A more serious brain injury may meet the criteria for a catastrophic impairment, which raises available benefit limits. A tort claim against the at-fault party can cover pain and suffering, past and future income loss and future care costs.

Evidence in a brain injury claim

• Hospital records, including ambulance and emergency notes and any loss of consciousness or confusion at the scene
• CT and MRI imaging, and specialist reports (neurology, neuropsychology, psychiatry)
• Records from school or work showing changes in performance
• Statements from family, friends and co-workers about changes since the accident

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.

Related guides

• Diffuse axonal injury
• Catastrophic injury claims
• Car accident claims
• Motorcycle accident claims