A traumatic brain injury (TBI) is a type of injury the brain sustains due to an external force, often resulting from a blow, bump, or jolt to the head. While a TBI can occur for many different reasons, some of the most common causes are automobile accidents, falls, explosive blasts, workplace injuries, and sports injuries.
Because the brain’s function is so vital to the health and well-being of an individual, the consequences of a traumatic brain injury can be dire. TBIs can cause long-term cognitive impairments such as memory loss, personality changes, and impaired speech. While these effects may be temporary in some cases, the most significant injuries can lead to lifelong disabilities.
Physical and Cognitive Effects of TBI
Some traumatic brain injuries, such as concussions, are less severe than others. However, even mild TBIs can immediately lead to worrying symptoms such as excruciating headaches, dizziness, nausea and vomiting, and a loss of consciousness. While a concussion can usually heal on its own with proper attention and rest, it may take up to several weeks to fully recover.
More severe brain injuries can be life-altering or even fatal. TBIs are a leading cause of disability and death in Canada. Each year, over 21,000 Canadians are hospitalized due to TBIs (excluding Quebec). In many cases, these serious injuries leave long-lasting effects such as:
- Motor impairment
- Speech difficulties
- Chronic headaches
- Chronic fatigue
- Sensory changes
Survivors of severe TBIs may also face significant emotional and psychological consequences, such as:
- Anxiety
- Depression
- Personality changes
- Difficulty regulation emotions
- Loss of concentration
- Memory loss
- Impaired decision-making
The Financial and Emotional Burden of TBI
In addition to the medical challenges a traumatic brain injury can precipitate, victims and their families must also deal with immense financial and emotional challenges. On average, the lifetime costs of TBI care can range between $85,000 and $3 million, depending on the severity of the injury. This financial burden stems from ongoing expenses such as:
- Rehabilitation
- Medication
- In-home healthcare support
- Modifications to your home or vehicle
- Psychological therapy or counselling
In some cases, the financial consequences of a TBI are compounded by the injury’s impact on the victim’s ability to work. If they can only take on a lower-paying job or are unable to maintain employment, the income deficit can be overwhelming.
Furthermore, TBIs take an immense emotional toll on families and caregivers. In addition to the daily challenge of caring for the TBI victim, their own ability to work or engage in daily activities may also suffer.
Legal Rights for TBI Victims in Nova Scotia
Under Nova Scotia law, individuals who suffer brain injuries due to someone else’s actions have the right to seek compensation. The law provides protection for those harmed in various circumstances, including motor vehicle collisions, workplace incidents, and slip-and-fall accidents on someone else’s property.
Time is critical in these cases. Nova Scotia maintains strict time limits for filing personal injury claims. Generally, you have two years from the date of the injury to initiate legal action. Missing this deadline could prevent you from pursuing compensation. You should consult a knowledgeable Nova Scotia TBI lawyer as soon as possible to avoid running out of time.
How a Traumatic Brain Injury Lawyer Can Help
While filing a claim for any type of injury presents significant challenges, seeking compensation while you are recovering from a brain injury can feel nearly impossible. However, it is crucial to remember that an experienced and compassionate legal professional can give you the support and advocacy you need and deserve at this difficult time.
A skilled brain injury lawyer will guide you through each step of the claims process. They begin by conducting a thorough investigation of the incident, working with accident reconstruction experts when necessary. Your lawyer will gather and organize crucial evidence, including:
- Medical documentation – Complete records of treatments, rehabilitation efforts, and future care needs
- Expert testimony – Reports from healthcare providers, life care planners, and other specialists
- Accident reports – Police records, workplace incident reports, and witness statements
Your lawyer will handle all communications with insurance companies and the defendant’s legal team, working to achieve a fair settlement. If necessary, they will prepare your case for trial to seek appropriate compensation in court.
Factors Affecting TBI Settlements
Several key elements influence the compensation you may receive:
- Injury severity – The extent of brain damage and likelihood of recovery
- Medical expenses – Current and projected future healthcare costs
- Work capacity – Reduced earning ability or complete inability to return to work
- Daily living impact – Need for ongoing assistance or modifications to your home
- Quality of life changes – Alterations in relationships, activities, and independence
Consulting a knowledgeable brain injury lawyer in Halifax can give you an informed estimate of how much your claim may be worth.
The Legal Process for TBI Claims
During your initial meeting, your lawyer will review the circumstances of your injury and explain your legal options. They will outline potential timelines and discuss what you can expect throughout the process.
Medical experts play a vital role in brain injury claims. These professionals provide detailed reports about your injury’s extent and long-term implications. Their testimony helps establish the full scope of compensation needed for your care.
The legal process typically follows these stages:
- Initial case evaluation and evidence collection
- Filing of legal documents
- Exchange of information between parties
- Settlement discussions
- Trial preparation and court proceedings, if needed
Throughout this process, your lawyer will advocate for your interests while you focus on recovery and rehabilitation.
Schedule a Free Consultation with Wagners Law Firm
A successful TBI claim requires expert legal representation to secure compensation for ongoing medical care, lost wages, and pain and suffering. The seasoned legal team at Wagners Law Firm has over 80 years of combined legal experience helping injured individuals in Halifax, Nova Scotia, secure the compensation they deserve. We have significant experience handling TBI cases, and we are ready to put our knowledge and skills to work for you. Call us today or contact us online for a free consultation.
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