A single second of impact can change the way your brain processes the world forever. When cognitive dysfunction sets in after an accident, it doesn’t just affect your memory—it threatens your career, your relationships, and your independence. Because symptoms of a cognitive dysfunction after a traumatic brain injury are often subtle and hard to prove, insurance companies frequently overlook them.
At Braithwaite Boyle, we know that the inability to concentrate or process information is just as debilitating as any physical wound. If you’ve experienced head trauma due to an accident, enlisting the help of a qualified brain injury lawyer is crucial for effectively managing your case.
Cognitive Dysfunction and Brain Injury
Cognitive dysfunction refers to the impairment of our abilities to think, analyze, perceive, and process information. Following a traumatic brain injury from an accident, individuals may lose critical neurological functions such as memory, concentration, reasoning, and understanding. This condition is life-altering and can lead to emotional outbursts or dependence on drugs, making professional legal representation crucial.
See Also: What is a Traumatic Brain Injury?
Understanding Cognitive Dysfunction: A Brain Injury Lawyer’s Perspective
Cognitive dysfunction can range from mild memory loss to severe difficulties understanding the world around you. Such effects can significantly impact daily life, including the ability to drive, cook, work, and care for children.
A notable example is Labonte v Sowers, 1994 CanLII 9062 (AB QB), where the plaintiff sustained head injuries that resulted in permanent cognitive deficits. Specifically, he experienced verbal memory and intellectual skill deficits due to a car accident. After being hit by a vehicle as a pedestrian, the court found that his life was irrevocably altered, limiting his capacity to work and support himself. Ultimately, he was awarded $385,000 in damages, covering general damages, lost income, and other losses.
The Impact of Hiring Care For Cognitive Dysfunction
In severe cases, individuals who are experiencing cognitive dysfunction from a traumatic brain injury may require personal care for a limited period or throughout their life due to cognitive dysfunction stemming from a traumatic brain injury.
The court’s primary goal when awarding damages in traumatic brain injury cases is to ensure adequate compensation for future personal care needs. The costs associated with this care must be reasonable and substantiated by medical evidence. The court seeks to restore the plaintiff to their pre-accident position rather than to improve their quality of life beyond it.
See Also: How to Calculate Damages in a Personal Injury Claim
Personal care for cognitive dysfunction can come under a variety of headings such as:
- Medical management
- Psychiatric care
- Scar revision
- Psychological counseling
- Family counseling
- Physiotherapy programs
- Medication
- Life skills therapy
- Professional consultation/case management
- Rehabilitation programs
- Orthopedic support
- Memory aids
- Household management
- Outdoor maintenance
For instance, in Labrecque v Heimbeckner, 2007 ABQB 501 (CanLII), the plaintiff suffered severe injuries, including a closed-head injury, after being thrown from a vehicle. Despite a pre-existing personality disorder, the court acknowledged the extent to which the accident exacerbated her cognitive dysfunction. As a result, she was awarded $1.2 million to cover damages, including personal care costs of $481,850.
Proving Liability: Insights from a Brain Injury Lawyer
To successfully claim compensation for cognitive dysfunction, a plaintiff must demonstrate that the defendant is liable for their injuries by establishing three key elements:
(i) establishing that the defendant owed the plaintiff a duty of care and that the defendant breached the standard of care,
(ii) proving the injury or loss and,
(iii) proving the defendant’s actions were the actual and legal cause of the plaintiff’s injuries.
Navigating the legal complexities involved in these cases—from initiating the legal process to gathering evidence and negotiating settlements—can be challenging. A brain injury lawyer can guide you through this difficult time.
If you have suffered from a traumatic brain injury due to someone else’s negligence, our team of accident injury lawyers for brain injuries can help determine if you have a case. Our brain injury lawyers in Edmonton, Calgary and Red Deer work on a contingency fee basis, meaning we don’t get paid until you have.
Call Braithwaite Boyle for a Brain Injury Lawyer in Edmonton, Calgary or Red Deer
Obtaining fair compensation for the care needed due to cognitive dysfunction can be complex and overwhelming. The brain injury lawyers at Braithwaite and Boyle, serving Edmonton, Calgary, and Red Deer, are here to handle the legal aspects of your situation. Our accident injury lawyers have supported individuals across Alberta in personal injury claims, particularly those involving cognitive dysfunction. Call us today at 1-800-661-4902 to schedule your free consultation. Let us help you secure the compensation you deserve for your loved one’s care and recovery.