Types Of Mental And Psychological Injuries After An Accident

In the field of personal injury law, the injuries that a person sustains in an accident are not always physical. In fact, some of the worst injuries that people sustain in accidents are oftentimes psychological. Psychological injuries can result from different types of accidents ranging from defective products to dog bites and motor vehicle collisions to slips and falls. In many cases, psychological injuries can make up a portion of much larger disputes with insurance companies over long-term disability benefits.

Common Types of Psychological Injuries

In most personal injury cases in Toronto and the larger metropolitan area of Ontario, the more common types of psychological injury claims involve concussions, PTSD (post-traumatic stress disorder) and TBI’s (traumatic brain injuries). Furthermore, there are psychological disorders that involve a person’s emotions or moods such as adjustment disorder, anxiety, depression, fear, and phobias.

Symptoms you should be Aware of

With many accidents, the disability, disruption, and suffering that results can be very difficult to heal and extremely frustrating to deal with. The symptoms that individuals experience and that you should be aware of include:

  • chronic fatigue
  • detached emotions
  • difficulty sleeping
  • guilt or shame
  • inability to concentrate
  • lack of focus
  • little or no motivation
  • problems with mood control
  • substance abuse
  • suicidal thoughts

Issues such as chronic pain can lead to depression while traumatic accidents such as motorcycle crashes can lead to PTSD. So as you can see, it is extremely important to watch for these different symptoms. Additionally, psychological injuries can quickly become a downward spiral.

The Primary Concern with Psychological Injuries

The main problem with all psychological injuries is that no one can see them. You can’t apply a bandaid or a cast to fix them or give someone a crutch so they can get around better. Most importantly, you can’t tell family members and friends that you’re anxious, depressed, or suicidal. Psychological injuries require compassion and understanding. In addition to helping you with any issues that may arise from your accident, a personal injury lawyer can assist you with your claim and help you navigate the legal process. Plus, they are compassionate and can understand your needs.

Additional Concerns

Unfortunately, connecting your psychological injuries with your accident or proving that they are attributed to it can be very difficult, even if a Brantford, Cambridge, or Kitchener personal injury lawyer represents you. In many instances, the insurance companies will either deny your claim or try to downplay any connection between your accident and the psychological injuries you’ve sustained, even if you’ve sustained a catastrophic injury.

Unfortunately, many individuals hope that these injuries will resolve themselves, but they rarely do. In most cases, they only get worse. While a personal injury lawyer cannot cure or treat psychological injuries, they can represent you, help you file your claim, and ensure that your rights to compensation are protected. An experienced lawyer will be able to assist you with the case with ease.

How does Partial Disability differ from Residual Disability?

The primary purpose of having long-term disability coverage in Brantford, Cambridge, and Hamilton is to provide employers and employees is to provide protection for their income should they become ill or injured and are unable to work. The amount of these benefits oftentimes varies from one claimant to another, but all benefits are dependent upon the provisions that are lined out in each claimant’s insurance policy. While some individuals are entitled to full benefits, others will only receive partial or residual benefits. It depends on the skills of the lawyer and your injuries. If you are severely injured, the compensation amount is higher.

It’s important to understand that no two long-term disability insurance policies are ever the same. In fact, many insurers require that the person be totally disabled before they will are eligible to claim benefits. But what if a person can only work a half day and their employer is unable to accommodate their needs? Are they entitled to partial benefits or can they qualify for total disability benefits? What about residual benefits? Here is a brief explanation of how these benefits differ and how they are similar.

Partial disability benefits – may be payable to claimants who can perform some of their work duties but for the most part the stipulations are as follows:

  • cannot perform the duties of their job
  • has a qualified amount of earnings loss due to their illness or injuries (determined by the individual policy)
  • total disability may be required to qualify for benefits with some insurers during the elimination period

Residual disability benefits – sometimes, the claimant recovers gradually as not all disabilities and illnesses are permanent:

  • claimant is not required to be totally disabled by some insurance companies during the elimination period
  • has a qualified amount of earnings loss due to their illness or injuries (determined by the individual policy)
  • limited in the material and substantial responsibilities of their job

In addition to the above, there are a number of other ways that long-term disability insurance policies differ. For all intents and purposes, the amount and level of coverage as well as how beneficial (or non-beneficial) it is for the client are determined by the type of policy that is purchased.

For instance, some long-term disability insurance policies will provide you with 75% of your NET monthly income while others will provide 65% of your GROSS monthly income. Furthermore, some insurers will provide LTD benefits for a maximum of 5 years while others will pay benefits until you reach 65 years of age. In most cases, you will also find that the definition of disabled or disability can vary significantly from one insurance policy to the next.

If your long-term disability claim was denied, you should consider hiring a Toronto personal injury lawyer that specializes in these types of cases. This will give you a better chance of getting your benefits and ensure that your rights to those benefits are protected.

Reasons To Hire A Toronto, Ontario Accident Injury Lawyer

The worst part about a Toronto accident is they are unexpected and can come at the worst times. If you are injured because of an accident, especially if it is serious, handling any legal portions of this tragic event in your life can be way too much to handle.

Everyday people are around cars, bikes, or motorcycle; making our lives more at risk to a possible injury even if you are being careful. People have falls, get bite by out of control dogs or even get injured at work.

Hiring a Toronto injury lawyer can help you tremendously and here are five reasons why.

1. Saves you the burden: It can be hard enough living in a hospital and just trying to recover. Once you have hired an injury lawyer you can concentrate on your health why we protect you legally. Most injury lawyers have a contingency fee basis, which mean you owe nothing if they lose your case. You will have less to stress about when protected by a lawyer because all organizing for the case will be handle them.

2. They have experience: Toronto Lawyers are used to court room procedures and have experience with handling not ‘ust any cases but cases involving injuries caused by accidents. They will know the options fully available to ou and together can form the best outcome you would like to see manifest. We know how to challenge claim denials and low offers. Lawyers can walk you through the ways to possibly get a bigger compensation.

3. Protect you in trial: If you go to court, protecting your outcome in the case is their number one job. They have the tools and knowledge to do so. Will study your case from front to back to insure that they can see that you are completely compensated for all that you are entitled to accident you suffered. They will handle the entire trial and you will not have to do anything.

4. Improve your chances to win: Having skilled professionals that have experience …well it goes without saying that having a good lawyer can drastically change the outcome of a case. The lawyers will also see hat is possibly done about the expensive medical bills you are stuck with due to the accident you suffered and how much of that if not all can be covered by the opposite party in the case. Injury lawyers can see you all the way to the end achieve possibilities that you did not even know were possible.

5. Look out for your best interest: Let the Toronto injury lawyers think of all the possible outcomes you may be facing. If your injury is causing you to miss a lot of work we can see you are compensated for that also. They can possible protect your job so you may return once you have recovered from your injuries. These are things people don’t always thing they will have to deal with until it is too late and Injury lawyers can do what is best for you in your time of need. You can check here for more information.

Assessing Damages in a Traumatic Brain Injury Claim

Traumatic brain injury (along with spinal cord injury) cases are some of the most serious types seen in personal injury law. While TBI’s typically result from extensive head trauma, the most common sources of this type of injury is attributed to motor vehicle and slip and fall accidents. Furthermore, these injuries can be life-changing and usually leave the victim permanently disabled. While the disability can be both mental and physical, the injury can be financially devastating for the other family members as well.

brain-injury-torontoOntario’s Family Law Act gives family members of traumatic brain injury victims the right to seek damages in a personal injury claim and lawsuit when their accident was caused by another individual’s carelessness or negligence. The first step is to consult with an experienced personal injury lawyer that specializes in TBI cases. Once the lawyer has determined that you have a valid claim, their next step will be to evaluate what your case is worth and assess the amount of damages that should be sought.

Assessment of Damages

When assessing damages in a Traumatic Brain Injury claim, it is important that the total cost of all medical expenses incurred from the day the accident occurred to the present are documented. If the treating physician determines that you have sustained permanent injuries and that future medical treatment will be required, you will be able to claim those expenses as well. There is a possibility that you will have to endure years of occupational and vocational therapy as well as physical therapy. And that requires constant medical bills that have to be paid. You may or may not be in a position to pay so much which might lead to discontinuing treatment and that can be a major setback for living a normal life. (more…)