The impact is instantaneous, but the consequences last a lifetime. A traumatic brain injury (TBI) shatters more than just a person’s immediate health; it fundamentally alters cognitive function, personality, and the ability to earn a living.
Suddenly, you or a loved one are facing permanent challenges, from memory loss and chronic pain to devastating mood changes. When a TBI is caused by negligence, you need more than medical support; you need a clear legal strategy for the injury compensation you are entitled to. Read on to fully understand what a TBI is and how to protect your rights.
What are the Symptoms of Traumatic Brain Injuries (TBIs)
A TBI can lead to a wide range of debilitating symptoms, not limited to the following:
- Loss of consciousness
- Nausea and vomiting
- Impaired vision, hearing, or speech
- Inability to concentrate
- Decreased IQ (lower processing speed, decreased verbal and reasoning skills)
- Emotional and mood changes
- Personality changes
- Decreased inhibitions (outbursts, inappropriate behaviour)
- Severe headaches
- Disrupted sleep
The severity of symptoms will depend on the cause of the brain injury, and the severity of the incident giving rise to it.
What is the Severity of Traumatic Brain Injuries (TBIs)
TBIs are classified as:
- Mild;
- Moderate; or
- Severe.
A mild brain injury can result where there is no or minimal loss of consciousness and a Glasgow Come Scale of 13-15. A moderate brain injury entails a of loss of consciousness from 20 minutes to 6 hours and a Glasgow Come Scale of 9 to 12. A severe brain injury entails a loss of consciousness of greater than 6 hours and a Glasgow Coma Scale of 3 to 8.
Regardless of whether your injury is classified as mild or severe, the effects can be life-altering. Never assume a mild TBI is minor; it can still lead to serious, long-term cognitive and employment issues. If your TBI resulted from someone else’s negligence, it is crucial to understand your legal rights and options. Speak to a brain injury lawyer today for a confidential review of your case and to secure the compensation you deserve.
Causes of TBIs
The damage resulting from a TBI occurs from external stimulus. A few of the multiple causes of TBIs are:
- Blunt Force Trauma
- Penetration of the Skull
- Tumours
- Hypoxia
Blunt Force Trauma to the Head
Blunt force to the head, such as from being knocked on the head with a heavy object, or assaulted, can cause a closed head injury leading to brain trauma. Although the skull is not penetrated in such an incident, the severity of a blow can cause the skull to press or knock against the brain, leading to damage to the brain, concussion, and in serious cases, a brain bleed. The physical damage tends to be diffuse and widespread.
Penetration of the Skull
Sometimes brain injuries are caused by direct penetration of the skull by a gunshot, knife, or any other acute blow to the head by a hard or sharp object (for example, a shattering car window). Such injuries can be even more severe than those resulting from blunt force trauma, with focal damage often being caused to one part of the brain.
Deceleration
In a situation such as a car accident, it is possible to cause injury to the brain due to rapid deceleration. This is similar to blunt force trauma, in that the malleable brain “knocks” against the hard skull when the deceleration occurs. ‘
Brain Tumours
Tumours and infections may cause damage to the brain tissue by creating excess pressure, or when tumour tissue “invades” the healthy spaces in the brain. Although infections of the brain are rare, they are possible when the blood-brain barrier is broken, and a virus makes its way in it (for example, meningitis).
Hypoxia
Hypoxia is when the brain experiences a lack of oxygen flow. This can occur for a variety of reasons, including stroke. Hypoxia also occurs in some babies during childbirth.
When reviewing the cause of your traumatic brain injury, the fundamental question is: who was negligent? TBIs resulting from preventable events—such as a driver failing to obey traffic laws, or a property owner failing to clear ice—are the grounds for a personal injury claim. If your brain injury was not your fault, you have a right to hold the at-fault party accountable.
Traumatic Brain Injuries and the Law
When a person suffers from a brain injury, there may be a person or company that is responsible for the injury that is insured for third party liability. For example, if your TBI resulted from a car accident, your lawsuit would be against the at-fault driver in the accident, who is protected by auto insurance.
If your brain injury resulted from a falling object in a retail store, the lawsuit would be against the company who owns or operates the store. The company is likely to be protected under commercial general liability insurance.
In a case where a child suffers a brain injury during childbirth, there may be circumstances where it is warranted to commence a lawsuit against the doctor and/or medical facility that delivered the baby. Physicians who are in private practice or work for hospitals are required to obtain medical malpractice liability insurance available through the Canadian Medical Protective Association.
In cases of assault, you may wish to sue your assailant personally, or the owner of the premises where you were assaulted (i.e., for failing to ensure a safe environment).
How to Legally Document Traumatic Brain Injuries
If you or a loved one has suffered from a brain injury, and you are even remotely considering commencing a lawsuit, seek the medical treatment you need and see a brain injury lawyer. It is imperative that you get help at an early stage and that you obtain the opinion of the appropriate medical professionals about the specific cause of the injury.
An experienced personal injury lawyer will be able to refer you to medical professionals who will be able to opine on the cause of your brain injury, the nature of the injury, and the effects that it will have on your day-to-day life, interpersonal relationships, and ability to continue working.
You will likely need to see your family doctor, a neurosurgeon and/or neurologist, and a neuropsychologist who can administer various tests to assess your cognitive function. Further, you may want to see a psychologist and/or psychiatrist who can assess the effects of your injury on your personality and mood, and whether the TBI has given rise to any concerns about long-lasting depression or other psychological illnesses.
Having these professional opinions will be necessary to prove the impact of your injury on your life and employment, if you commence a lawsuit. This will directly impact the amount of compensation you will be able to collect from an at-fault party.
A TBI Case in Practice
In Afonina v. Jansson, 2015 BCSC 10 (CanLII), the court reviewed the expert opinions of several psychiatrists and neurologists to ascertain the plaintiff’s injuries. The Plaintiff, who sustained a moderate traumatic brain injury during a serious motor vehicle accident, was entitled to $300,000 in damages for pain and suffering (known as non-pecuniary general damages), and $1,225,404.77 for loss of future earning capacity, special damages and cost of future care.
Get a Free Consultation for Your Traumatic Brain Injury Accident at Braithwaite Boyle Accident Injury Law
If you’re wondering if your complex TBI case is worth the effort, or if you’re overwhelmed by the thought of going it alone, call us. In a short chat, we give you personalized advice for the next steps to take for your personal injury claim that an online search just can’t. Contact our brain injury lawyers in Edmonton, Calgary and Red Deer today for a free consultation.