Each year in Ontario, nearly 73,000 people suffer a traumatic brain injury which can have disastrous long-term consequences for their quality of life. A traumatic brain injury is a disruption in normal brain function caused by a blow, jolt, or penetrating injury to the head which can cause lasting cognitive, behavioral, emotional, and physical disabilities.
More than half of traumatic brain injuries are caused by motor vehicle collisions which include boats, ATVs, motorcycles, and transport trucks. Catherine Shearer is a personal injury lawyer at McKenzie Lake Lawyers in Guelph with experience in handling traumatic brain injury cases. She says, “Catastrophic brain injury victims may need extensive medical and rehabilitation benefits to cover necessary treatments, therapies, and assistive devices designed to support recovery and improve their quality of life. An experienced personal injury lawyer can guide families through this process.”
If someone has suffered a traumatic brain injury the course of action is usually an airlift or ambulance run to a trauma centre where a patient is put into a medically induced coma for a period of time, before being transferred to the intensive care unit.
A power of attorney document is crucial
With the patient unable to make decisions, the hospital will ask for the person who has power of attorney to make such decisions for the injured patient. One of the primary reasons family members contact a lawyer at that point is to set up a Power of Attorney. They then learn that rather than a Power of Attorney, they will need to obtain Guardianship. The process to get a guardianship application completed and approved by a judge can be lengthy.
Shearer says, “Get the power of attorney before an accident happens. Having a power of attorney in place makes this a simpler procedure. If you happen to be in a traumatic injury accident and someone has been appointed your power of attorney, it kicks in automatically and they can make decisions on your behalf.”
Typically, many young people who have suffered a traumatic brain injury do not have a will or power of attorney in place because it’s something they don’t consider until the unthinkable happens.
How a personal injury lawyer can help
A personal injury lawyer can help navigate the complex legal process, advocate for an individual’s rights, negotiate with insurance companies, and ensure the injured person receives fair compensation. Shearer says, “We can guide you through the legal complexities and help you understand your options. We can also help you make a smooth transition from hospital back to home or assisted living with a community care team that is both reputable and knowledgeable in accident benefits.”
A lawyer will ensure that a family member has decision-making powers to help facilitate the application of benefits because once the brain-injured person is discharged from hospital, they need to have a community care team in place, which may include a,
- Case manager
- Occupational therapist
- Physiotherapist
- Speech language pathologist
- Rehabilitation therapist
Shearer adds, “Safety assessments at home are important to determine if modifications need to be done. Following a brain injury, one of the most significant risks is a secondary fall. They need to ensure a person is safe at home.” The patient may need attendant care around the clock. Will a family member cover all shifts? Will a personal support worker be available? A lawyer can ensure that care is available once the patient is back at home.
People should realize that there is very little care available that is funded by the government. Support is available privately or through insurance.
A lawyer can help with accessing counselling, rehabilitation programs, and caregiver support groups. The Ontario Brain Injury Association and other organizations offer resources to help families cope with the challenges of caring for someone with a catastrophic injury.
You may be able to file a personal injury lawsuit against the at-fault party to seek additional compensation for pain and suffering, lost income, and other non-statutory damages. In Ontario, you have two years from the date of the accident to file a personal injury claim.
Before you can even consider a lawsuit, other important deadlines must be met. You have 7 days to notify your insurer of the collision and 30 days to complete the necessary paperwork which can be complex.
Pursuing compensation for damages
An experienced lawyer will assess your case to determine the appropriate damages to pursue. Shearer says, “Establishing liability requires a thorough investigation. A lawyer can analyze the circumstances surrounding the injury, evaluate negligence, and identify potentially responsible parties, which may include individuals, businesses, or governmental entities.”
Traumatic brain injury cases may seek compensation for various damages including,
- Medical expenses
- Rehabilitation costs
- Lost income
- Pain and suffering
- Emotional distress
Protect your rights; consult a lawyer
Consult with a personal injury lawyer as soon as possible after such an incident. A personal injury lawyer will guide you on the best course of action to protect your rights and build a strong case.
Catherine Shearer says, “Advocating for clients who have experienced traumatic brain injuries, and their families is not just a legal duty, but a commitment to making meaningful differences in their lives.”
Contact Catherine Shearer at [email protected] or call (226) 203-1243. Learn more about McKenzie Lake Lawyers online here.