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…)