Brain Injuries Caused By Car Accidents: What Compensation Can You Claim?

How Car Accidents Cause Brain Injuries

Car accidents are a very common cause of severe traumatic brain injuries (TBIs) and can even cause mild TBIs, even at lower speeds. Brain injuries can also occur as a result of pedestrian-vehicle collisions and accidents with other motorized vehicles, such as motorcycles. The severity of the brain injury depends on the type, direction, intensity, and duration of forces put on the brain during the accident. The force may be a strike involving physical contact between the head and an external object, like an airbag or the inside of a vehicle. However, a brain injury can also result in the absence of an impact, such as coming to a sudden stop, which can cause whiplash. Keep reading to learn how to choose the right traumatic brain injury lawyer in Halifax.

Signs And Symptoms To Watch For After A Crash

Injuries can range from mild (such as concussions) to severe and can result in short-term, long-term, or even permanent impairments. Brain injuries may also not be completely obvious immediately, as symptoms can develop and change over time. Early signs and symptoms may include headaches, dizziness, nausea and vomiting, mood swings, or confusion. These symptoms may occur immediately or could occur gradually over the course of hours, days, or weeks after the event. Serious symptoms can include loss of consciousness, slurred speech, or drowsiness. Long-term effects can include cognitive and behavioural changes, increasing frustration, difficulty concentrating, memory problems, and even the development of seizure disorders.

If you or a loved one experiences any of these symptoms, especially shortly after a car accident, seek medical attention immediately.

Types Of Compensation Available After A Brain Injury

If you have suffered a traumatic brain injury in a motor vehicle accident caused by someone else’s negligence or wrongdoing, you may be eligible for legal compensation for your losses. The type of compensation depends on the circumstances of the accident and the extent of your injuries, but may cover:

  • Pain and suffering: There are some types of injury and harm that no amount of money can compensate for. This type of compensation is for damage that is intangible and difficult to quantify, such as physical pain (chronic pain, discomfort during recovery, and long-term negative effects on quality of life) and emotional distress (anxiety, depression, impairment of relationships, and loss of enjoyment of life) caused by the car accident and brain injury.
  • Medical expenses and equipment: This covers the cost of things such as medical treatment, medications, and hospital bills. It can also include the cost you incur to attend medical appointments or to have home care assistance. Note that fair compensation would cover expenses that have already been incurred, as well as anticipated expenses.
  • Future care costs: This covers expenses if you or your loved one sustains a brain injury that requires long-term care, such as physical therapy, rehabilitation, or adaptive equipment in your home and/or vehicle.
  • Loss of future earning capacity: If your brain injury prevents or limits you from working or prevents you from working at your place of pre-accident employment, you may be entitled to compensation.
  • Other damages: This includes financial compensation to repair and/or replace any property that was damaged or destroyed by the accident.
  • Punitive damages: In cases involving intentional or malicious acts, as well as in cases of extreme negligence, courts can award punitive damages to deter similar conduct in the future.

Fair compensation can ease the financial burden resulting from the accident and can support your recovery process. To find out whether you are entitled to compensation due to the negligence of another, contact a personal injury lawyer today to make a car accident injury claim in Halifax.

What Affects The Value Of Your Claim?

There are many factors affecting a brain injury claim that influence the amount of compensation a claimant is entitled to receive after being involved in a motor vehicle accident. Every accident has its own unique set of circumstances. Similarly, every brain injury is different and may manifest differently from person to person. Therefore, the compensation amount can vary greatly, and certain criteria are used to determine the value:

  • The extent of your injuries: The severity of your brain injury has an obvious influence on the amount of compensation. The value will reflect not only the medical care you’ve received so far, but also your need for medical care in the event of long-term disability resulting from your brain injury.
  • Impact on daily living and quality of life: Compensation may increase if the injury has negatively impacted your relationships with others and your level of independence.
  • Your ability to work: There are many ways in which a brain injury can affect your ability to work:
  1. You are prevented entirely from working due to the brain injury
  2. You had to return on a part-time basis
  3. You had to work at a simpler or lower-paying job
  4. You lost employment benefits or seniority
  5. You had to work with modifications

Experiencing any of these can result in a loss of future earnings, which could affect the value of your claim.

Why You Should Work With A Brain Injury Lawyer

Under Nova Scotia law, individuals who suffer a traumatic brain injury in a car accident due to someone else’s negligent actions have a legal right to seek fair compensation. However, navigating the complexities of the legal process and dealing with insurance companies when making your brain injury claim can be overwhelming. Consulting a brain injury lawyer from Wagners Law Firm can help alleviate some of the difficulties and stress involved in initiating a legal claim.

If you need a traumatic brain injury lawyer in Halifax, call us today at 1-800-465-8794, and we will be happy to provide you with a free consultation.

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