A brain injury or a concussion can be life-changing. The pain of these injuries and the amount of medical care they typically require can make the thought of fighting a protracted legal battle exhausting.
Yet it is vital that you get help from an experienced lawyer who has handled cases like yours in the past. Your personal injury case may be the source of vital funds that you’ll need to recover from your injuries.
What is a TBI?
A traumatic brain injury is any injury where the brain collides with the skull and takes damage. Common examples include concussions, bruising beneath the skin, diffuse axonal injuries (DAI), hemorrhages, and hematomas.
Each of these injuries can cause severe symptoms such as lost consciousness, confusion, disorientation, headaches and chronic headaches, fatigue, memory loss, inability to concentrate, mood changes, dizziness, and seizures. Some people who get brain injuries in car or motorcycle accidents lose their ability to work, pursue certain hobbies, or take care of their kids.
What will my TBI case cover?
Your TBI personal injury case may not be able to restore life to what it was before your injury, but it should allow you to be “made whole” again in a legal sense.
This means it should cover your medical bills for your initial treatment and any long-term care bills you might need, including pain management, surgery, psychological care, occupational therapy, or speech therapy. It should also cover secondary expenses like housekeeping services that you might need because you are unable to handle these tasks yourself.
If you missed work while recovering then you should receive compensation for those lost wages. If you can’t work in the future then it should cover your lost earning potential, an amount that can be calculated using several formulas.
Finally, your case should cover a pain and suffering award. In Alberta this is capped at $370,000. If your brain injury was severe we can often make a fine case for you receiving an award as close to this cap as possible.
What can go wrong with a TBI case?
All the normal things that can go wrong in a personal injury case can go wrong with a TBI case: the defendant can try to assign you a higher percentage of fault than you really deserved, for example, to try to reduce the amount they’ll have to pay out.
Yet there’s another tactic they like to use in TBI cases, and that’s an attempt to downplay your injuries as much as possible. If you have a severe injury they’re going to try to argue your injury is only moderate. If you have a moderate injury they’re going to try to downplay it as mild.
The only way to protect yourself is to work with lawyers who know exactly how to use all the available medical evidence to drive home the life-changing effects of your TBI.
Why Merchant Law?
We are savvy, compassionate lawyers with decades of experience handling brain injury cases just like yours. We’ve helped hundreds of people get the compensation they need to support themselves and pay their bills after a life-altering accident.
For a free, no-obligation, risk-free consultation, call (403) 225-7777 today, or visit our office at 191 Edwards Way SW, Unit 202 B, in Airdrie. We answer our phones 24/7/365 to make sure you can get the help you need when you need it.