Alberta Brain Injury Lawyers Merchant Law

Head injuries can range from mild to the most catastophic. Merchant Law is an Alberta based Personal Injury Law Firm and has offices across Alberta including Fort McMurray, Leduc, Edmonton, Red Deer, Calgary, Airdrie, Cochrane, Medicine Hat, and Lethbridge. If you have been in an accident in which you have banged your head, we encourage you to call your nearest Merchant Law office location right away to discuss and to meet with an experienced Alberta injury lawyer about your car or motorcycle accident case today. Our lawyers will be honoured to assist you.

 

The forensic science of how traumatic brain injuries occur and the symptoms

Traumatic brain injuries (TBI) occur when an external force traumatically impacts the head and causes damage to the brain tissue. TBIs can range in severity from mild to severe, and the symptoms can vary depending on the extent of the damage. In this response, we will explore the forensic science of how TBIs occur, the symptoms, and the different types of TBIs.

Mild Traumatic Brain Injury:

A mild TBI, also known as a concussion, occurs when the brain is jolted inside the skull due to a forceful impact. This can happen during a fall, sports-related injury, or car accident. Mild TBIs are the most common type of TBI, and the symptoms usually resolve within a few weeks. Symptoms of mild TBI include:

• Headache
• Dizziness
• Fatigue
• Confusion
• Memory problems
• Ringing in the ears
• Sensitivity to light and sound

Moderate Traumatic Brain Injury:

A moderate TBI occurs when there is more significant damage to the brain tissue, often from a more forceful impact to the head. This type of injury can result in bleeding in the brain and can cause more long-lasting symptoms. Symptoms of moderate TBI include:

• Loss of consciousness for a few minutes to a few hours
• Confusion that lasts for several days or weeks
• Memory problems
• Nausea or vomiting
• Headache that gets worse or does not go away
• Difficulty sleeping or sleeping too much
• Seizures or convulsions
• Dilated pupils

Severe Traumatic Brain Injury:

A severe TBI occurs when there is a significant amount of damage to the brain tissue, often from a high-impact event such as a car accident or a fall from a significant height. This type of injury can result in bleeding, swelling, or bruising in the brain, and can be life-threatening. Symptoms of severe TBI include:

• Loss of consciousness for an extended period
• Profound confusion or agitation
• Seizures or convulsions
• Nausea or vomiting
• Dilated pupils
• Weakness or numbness in the limbs
• Difficulty speaking or understanding speech
• Severe headache that does not go away
• Coma or a persistent vegetative state

Forensic scientists use various techniques to investigate TBIs. In some cases, they may perform autopsies to examine the brain tissue and determine the cause of death. They may also use imaging techniques such as MRI or CT scans to visualize the brain and identify any damage. Forensic scientists may also use biomechanical models to simulate the impact of an injury and determine the force required to cause the observed damage.

As already stated, traumatic brain injuries can range in severity from mild to severe, and the symptoms can vary depending on the extent of the damage. Mild TBIs, or concussions, are the most common type of TBI and usually resolve within a few weeks. Moderate and severe TBIs can cause long-lasting symptoms and can be life-threatening. Forensic scientists use various techniques to investigate TBIs, including autopsies, imaging techniques, and biomechanical models. If you or someone you know has suffered a TBI due to the negligence of another, it is essential to seek the assistance of a personal injury lawyer to protect your legal rights and obtain the compensation you deserve.

Traumatic Brain Injuries from Motor Vehicle and Motorcycle Accidents:

Motor vehicle and motorcycle accidents can have severe consequences for those involved, and one of the most devastating injuries that can result from these accidents is a traumatic brain injury (TBI). TBIs can have life-altering effects, and victims often require extensive medical treatment and rehabilitation. In this article, we will explore the risks of TBIs from motor vehicle and motorcycle accidents, the symptoms of these injuries, and the steps victims can take to seek compensation for their damages.

Understanding Traumatic Brain Injuries

TBIs occur when the head sustains a blow, jolt, or penetration that disrupts the normal function of the brain. Motor vehicle and motorcycle accidents are common causes of TBIs, as the force of impact can cause the brain to move within the skull, leading to swelling, bleeding, and other types of damage. TBIs can range in severity from mild concussions to severe injuries that result in coma or death.

The Risks of Head Injuries from Motor Vehicle and Motorcycle Accidents in Alberta

Motor vehicle and motorcycle accidents are leading causes of Traumatic Brain Injuries in Canada. According to the Canadian Institute for Health Information, over 11,000 people are hospitalized with TBIs each year in Canada, and more than half of these injuries are due to falls, motor vehicle accidents, or sports-related injuries. Motor vehicle accidents are responsible for a significant portion of TBIs, and the risks are particularly high for motorcyclists.

Motorcyclists are at a higher risk of sustaining a TBI than occupants of other types of vehicles. This is because motorcycles offer less protection to riders, and the force of impact in a motorcycle accident is typically higher than in other types of accidents. In addition, motorcyclists are more likely to be thrown from their vehicles, which can increase the risk of sustaining a TBI.

Symptoms of Traumatic Brain Injuries

The symptoms of TBIs can vary depending on the severity of the injury, but some common symptoms include:

• Headache
• Nausea or vomiting
• Dizziness or loss of balance
• Blurred vision or sensitivity to light
• Confusion or disorientation
• Memory loss or difficulty concentrating
• Mood changes, including irritability or depression
• Loss of consciousness

Symptoms may appear immediately after the accident, or they may take hours or days to develop. It is essential to seek medical attention right away if you or someone you know has been in a motor vehicle or motorcycle accident and is experiencing any of these symptoms.

Treatment and Rehabilitation for Traumatic Brain Injuries

The treatment and rehabilitation for TBIs can be extensive and may require ongoing medical care. Treatment for TBIs typically involves stabilizing the patient’s condition and preventing further damage, followed by rehabilitation to restore the patient’s cognitive and physical abilities. Treatment and rehabilitation for TBIs may include:

• Surgery to repair damage to the brain or relieve pressure
• Medications to control seizures or reduce inflammation
• Rehabilitation therapy to improve cognitive function, motor skills, and speech
• Counseling to address emotional and psychological challenges

The cost of treatment and rehabilitation for TBIs can be significant, and victims may require ongoing care and support for the rest of their lives.

Psychiatric and other counselling may be required following traumatic brain injury in a car or motorcycle accident case.

Following a traumatic brain injury (TBI) in a car or motorcycle accident, victims may require a range of psychiatric and other counseling services to address the physical, emotional, and psychological impacts of their injuries. TBIs can have long-lasting effects on a person’s mental health and well-being, and it is essential to seek appropriate support and treatment to aid in their recovery.

In this article, we will explore the types of psychiatric and other counseling that may be required following a TBI in a car or motorcycle accident case.

Psychiatric Counseling

Psychiatric counseling can help TBI victims cope with the emotional and psychological effects of their injuries. The following are some of the types of psychiatric counseling that may be recommended for TBI victims:

1. Cognitive-Behavioral Therapy (CBT)

 
CBT is a type of therapy that focuses on changing negative thoughts and behaviors. This type of therapy can be helpful for TBI victims who are experiencing anxiety, depression, or other emotional issues.

 

2. Trauma-Focused Therapy

 
Trauma-focused therapy is a type of therapy that is designed to help individuals who have experienced trauma, such as a TBI, cope with the emotional impact of their experience. This type of therapy can help individuals process their feelings and develop coping strategies to manage the symptoms of their injury.

 

3. Family Therapy

Family therapy can be helpful for TBI victims who are struggling with relationship issues as a result of their injury. This type of therapy can help families communicate effectively and develop strategies to manage the challenges of living with a TBI.

Other Counseling Services

In addition to psychiatric counseling, TBI victims may require other types of counseling services to aid in their recovery. The following are some of the types of counseling that may be recommended for TBI victims:

1. Occupational Therapy

 
Occupational therapy can help TBI victims re-learn everyday tasks, such as cooking, cleaning, and dressing, that may have been impacted by their injury. Occupational therapists can also help TBI victims develop strategies to manage their symptoms and improve their quality of life.

2. Speech Therapy

 
Speech therapy can be helpful for TBI victims who are experiencing difficulty with communication or language skills. Speech therapists can help TBI victims improve their speech and language abilities, as well as develop strategies to manage their symptoms.

3. Physical Therapy

Physical therapy can be helpful for TBI victims who are experiencing physical symptoms, such as weakness or balance issues, as a result of their injury. Physical therapists can help TBI victims improve their physical abilities and develop strategies to manage their symptoms.

Merchant Law Injury Lawyers can help get you the treatments you need

TBIs can have long-lasting effects on a person’s mental health and well-being, and it is essential to seek appropriate support and treatment to aid in their recovery. Following a car or motorcycle accident, TBI victims may require a range of psychiatric and other counseling services to address the physical, emotional, and psychological impacts of their injuries. If you or someone you love has sustained a TBI in a car or motorcycle accident, it is important to work with an experienced personal injury lawyer who can help you access the necessary counseling and support services to aid in your recovery. At Merchant Law, we are committed to helping TBI victims obtain the compensation and support they need to move forward with their lives.

Compensation for traumatic brain injuries from motorcycle or motor vehicle accidents in Alberta

Cases involving traumatic brain injuries (TBI) suffered by plaintiffs as a result of a motorcycle or motor vehicle accident can result in significant damages awarded by the Alberta courts. These damages may include compensation for medical expenses, lost income, pain and suffering, and other losses resulting from the injury. In this article, we will explore the ranges of damages awarded in decisions by the Alberta courts in cases involving TBIs.

Medical Expenses

TBIs can result in significant medical expenses, including hospitalization, surgery, rehabilitation, and ongoing care and support. In cases involving TBIs, the courts may award damages to cover the cost of medical expenses incurred as a result of the injury. The amount of damages awarded for medical expenses will depend on the severity of the injury and the type and duration of the necessary medical treatment.

For example, in the case of Zanardo v. Frolek, 2014 ABQB 196, the plaintiff was awarded $2,416,768 in damages, including $1,427,878 for future medical care and treatment, after sustaining a severe TBI in a motor vehicle accident.

Lost Income

TBIs can also result in significant losses of income, both in the short term and the long term. In cases involving TBIs, the courts may award damages to compensate the plaintiff for lost income resulting from the injury. The amount of damages awarded for lost income will depend on the severity of the injury, the plaintiff’s occupation, and the extent to which the injury has impacted the plaintiff’s ability to work.

For example, in the case of Fiala v. Derakhshan, 2017 ABQB 220, the plaintiff was awarded $640,000 in damages, including $360,000 for past loss of income and $280,000 for future loss of income, after sustaining a moderate TBI in a motor vehicle accident.

Pain and Suffering

TBIs can also result in significant pain and suffering, both physical and emotional, for the plaintiff. In cases involving TBIs, the courts may award damages to compensate the plaintiff for pain and suffering resulting from the injury. The amount of damages awarded for pain and suffering will depend on the severity of the injury and the impact it has had on the plaintiff’s quality of life.

For example, in the case of Benoit v. Sutherland, 2016 ABQB 373, the plaintiff was awarded $2,142,230 in damages, including $800,000 for pain and suffering, after sustaining a severe TBI in a motorcycle accident.

Other Losses

In addition to medical expenses, lost income, and pain and suffering, plaintiffs in cases involving TBIs may be entitled to damages for other losses resulting from the injury. These may include damages for loss of enjoyment of life, loss of companionship, and other losses resulting from the injury.

For example, in the case of Rowe v. Bobrovitz, 2012 ABQB 689, the plaintiff was awarded $6,140,942 in damages, including $1,500,000 for loss of future earning capacity and $1,000,000 for loss of earning capacity, after sustaining a severe TBI in a motorcycle accident.

Merchant Law Alberta Head Injury Lawyers can help get the utmost compensation to which you are entitled

Cases involving traumatic brain injuries suffered by plaintiffs as a result of a motorcycle or motor vehicle accident can result in significant damages awarded by the Alberta courts. These damages may include compensation for medical expenses, lost income, pain and suffering, and other losses resulting from the injury. If you or someone you love has sustained a TBI in a motorcycle or motor vehicle accident, it is essential to work with an experienced personal injury lawyer who can help you obtain the compensation you deserve. At Merchant Law, we are committed to helping TBI victims obtain the compensation and support they need to move forward with their lives and rebuild after their injuries.

It is important to note that the ranges of damages awarded by the Alberta courts in cases involving TBIs can vary widely depending on the individual circumstances of each case. Factors that may impact the amount of damages awarded include the severity of the injury, the impact on the plaintiff’s quality of life, and the degree of negligence on the part of the defendant.

Working with an experienced personal injury lawyer can help ensure that your case is thoroughly investigated and that you receive the maximum compensation to which you are entitled. Your lawyer can gather evidence to support your claim, negotiate with insurance companies on your behalf, and represent you in court if necessary.

If you or someone you love has sustained a TBI in a motorcycle or motor vehicle accident, it is important to seek legal advice from a personal injury lawyer as soon as possible. The sooner you begin the process of seeking compensation, the sooner you can access the necessary medical treatment and support services to aid in your recovery.

Traumatic brain injuries suffered in motorcycle or motor vehicle accidents can have life-altering effects on the victim and their loved ones. The damages awarded in cases involving TBIs can vary widely depending on the individual circumstances of each case. If you or someone you love has sustained a TBI in a motorcycle or motor vehicle accident, it is essential to work with an experienced personal injury lawyer who can help you obtain the compensation and support you need to move forward with your life. At Merchant Law, we are committed to helping TBI victims obtain the justice and compensation they deserve. Contact us today to schedule a free consultation and learn more about your legal options.

Merchant Law have offices located throughout Alberta, including Fort McMurray, Leduc, Edmonton, Red Deer, Calgary, Airdrie, Cochrane, Medicine Hat, and Lethbridge and we are available to provide a free consultation to discuss your case.

 

Seeking Compensation for Traumatic Brain Injuries

If you or someone you love has sustained a TBI in a motor vehicle or motorcycle accident, it is essential to seek legal advice from a personal injury lawyer. Victims of motor vehicle and motorcycle accidents may be entitled to compensation for their damages, including medical expenses, lost income, pain and suffering, and other losses.

To seek compensation for a TBI, victims must prove that the accident was caused by the negligence of another party. This may involve demonstrating that the other driver was speeding, driving under the influence of drugs or alcohol, or engaging in other dangerous behavior that led to the accident. Victims may also need to prove the extent of their damages, which can be challenging in cases involving TBIs.

Choosing the Right Personal Injury Lawyer

When choosing a personal injury lawyer to represent you in a TBI case, it is important to select an attorney with experience handling cases involving motor vehicle and motorcycle accidents. Look for a lawyer who has a track record of success in obtaining compensation for TBI victims, and who has the resources and expertise to thoroughly investigate your case.

At Merchant Law, our team of personal injury lawyers has extensive experience representing clients who have sustained TBIs in motor vehicle and motorcycle accidents. We understand the devastating effects of these injuries and are committed to helping our clients obtain the compensation they need to recover and move forward with their lives.

Merchant Law Alberta Personal Injury Lawyers have offices located throughout Alberta, including Fort McMurray, Leduc, Edmonton, Red Deer, Calgary, Airdrie, Cochrane, Medicine Hat, and Lethbridge and we are available to provide a free consultation to discuss your case.

Motor vehicle and motorcycle accidents can have devastating consequences, including traumatic brain injuries. These injuries can have long-lasting effects and require extensive medical treatment and rehabilitation. If you or someone you love has sustained a TBI in a motor vehicle or motorcycle accident, it is essential to seek legal advice from a personal injury lawyer who can help you obtain the compensation you need to recover and move forward with your life.

At Merchant Law, we are committed to representing clients who have sustained TBIs in motor vehicle and motorcycle accidents. We have the expertise and resources to thoroughly investigate your case and help you obtain the compensation you deserve. Contact us today to schedule a free consultation and learn more about your legal options.

Case law examples of Alberta Courts treatment of brain injury cases:

There have been several high-profile cases in Alberta involving traumatic brain injuries that have resulted in significant damages being awarded to the plaintiff.

For example, in the case of Benoit v. Sutherland, 2016 ABQB 373, the plaintiff was awarded $2,142,230 in damages, including $800,000 for pain and suffering, after sustaining a severe traumatic brain injury in a motorcycle accident.

In another case, Rowe v. Bobrovitz, 2012 ABQB 689, the plaintiff was awarded $6,140,942 in damages, including $1,500,000 for loss of future earning capacity and $1,000,000 for loss of earning capacity, after sustaining a severe traumatic brain injury in a motorcycle accident.

It is important to note that the amount of damages awarded in traumatic brain injury cases can vary widely depending on the severity of the injury, the impact on the plaintiff’s quality of life, and the degree of negligence on the part of the defendant. Working with an experienced personal injury lawyer can help ensure that you receive the maximum compensation to which you are entitled for your injuries.

You may be wondering what is the highest amount of damages possible for pain and suffering involving traumatic brain injuries suffered by plaintiffs as a result of a motorcycle or motor vehicle accident in Alberta. To help illustrate, we provide three Alberta case law examples below.

There is no set maximum amount of damages for pain and suffering in cases involving traumatic brain injuries suffered by plaintiffs as a result of a motorcycle or motor vehicle accident in Alberta. The amount of damages awarded for pain and suffering will depend on a number of factors, including the severity of the injury, the impact on the plaintiff’s quality of life, and the degree of negligence on the part of the defendant.

In Alberta, pain and suffering damages are assessed on a case-by-case basis, and the courts may consider previous case law as a guideline, but are not bound by it.

That being said, there have been several high-profile cases in Alberta that have resulted in significant damages being awarded to plaintiffs for pain and suffering in cases involving traumatic brain injuries. To illustrate how this works in practice let’s review some Alberta case law examples:

1. Benoit v. Sutherland, 2016 ABQB 373 In this case, the plaintiff sustained a severe traumatic brain injury in a motorcycle accident. The court awarded the plaintiff $800,000 in damages for pain and suffering, in addition to other damages for medical expenses and lost income.

 

In the Benoit v. Sutherland case, the plaintiff was a 33-year-old man who sustained a severe traumatic brain injury in a motorcycle accident that occurred in May 2010. The plaintiff was not wearing a helmet at the time of the accident and suffered a range of physical, cognitive, and psychological injuries as a result.

The plaintiff filed a lawsuit against the defendant, alleging negligence on the part of the defendant in failing to exercise reasonable care while driving his vehicle. The defendant admitted liability for the accident, and the trial focused on the issue of damages.

In its decision, the court awarded the plaintiff $2,142,230 in damages, including $800,000 for pain and suffering, $424,000 for past loss of income, $590,000 for future loss of earning capacity, and $250,000 for future care costs.

The court noted that the plaintiff’s injuries were severe and had a significant impact on his quality of life, including his ability to work and enjoy recreational activities. The court also noted that the plaintiff had a history of substance abuse, which had worsened as a result of his injuries.

With respect to the issue of the cap on general damages, the court did not specifically address the cap laid down in the Grand Toy Supreme Court case. Instead, the court noted that the cap on general damages in Alberta had been adjusted for inflation and was $369,550 at the time of the trial.

The court then proceeded to assess the plaintiff’s damages for pain and suffering based on the severity of his injuries and the impact on his quality of life. The court determined that an award of $800,000 for pain and suffering was appropriate in the circumstances, taking into account the plaintiff’s young age, the severity of his injuries, and the impact on his quality of life.

The court also noted that the cap on general damages in Alberta did not apply to cases involving catastrophic injuries, such as traumatic brain injuries, and that the cap should not be used as a strict limit on the amount of damages that can be awarded in such cases.

The decision in Benoit v. Sutherland highlights the importance of assessing damages for pain and suffering in cases involving traumatic brain injuries on a case-by-case basis. This is where the most experienced Alberta injury lawyers are so crucial to the successful outcome of your case. While there is a cap on general damages for pain and suffering in Alberta, this cap does not apply to cases involving catastrophic injuries, and courts are free to award damages that are fair and reasonable in the circumstances. The best Alberta injury lawyers are able to demonstrate that the case is catastrophic by presenting the appropriate evidence to show this to the court. The proper preparation and argument of the case by an experienced litigator is key.

 

Here are some more case law examples more briefly:

 

2. Plaizier v. University of Calgary, 2016 ABQB 150. In this case, the plaintiff suffered a catastrophic spinal cord injury as a result of a fall on a university campus. The court awarded the plaintiff $5.5 million in damages, including $350,000 for pain and suffering, which exceeded the cap on general damages at the time of the trial.

 

3. Rowe v. Bobrovitz, 2012 ABQB 689. In this case, the plaintiff sustained a severe traumatic brain injury in a motorcycle accident. The court awarded the plaintiff $800,000 in damages for pain and suffering, in addition to other damages for medical expenses and lost income.

 

4. Felty v. Sun Life Assurance Co. of Canada, 2009 ABQB 556 In this case, the plaintiff suffered a catastrophic brain injury in a car accident. The court awarded the plaintiff $1.9 million in damages, including $600,000 for pain and suffering, which exceeded the cap on general damages at the time of the trial.

 

5. Jean v. Pond, 2012 ABQB 148 In this case, the plaintiff sustained a catastrophic spinal cord injury in a motor vehicle accident. The court awarded the plaintiff $3.2 million in damages, including $250,000 for pain and suffering, which exceeded the cap on general damages at the time of the trial.

It is important to note that the courts consider a range of factors when determining the appropriate amount of damages to be awarded in each case, and that the cap on general damages in Alberta should not be used as a strict limit on the amount of damages that can be awarded in cases involving catastrophic injuries. Working with an experienced personal injury lawyer can help ensure that you receive the maximum compensation to which you are entitled for your injuries.

Lost income and future loss of earning capacity in head injury cases—Alberta case law examples:

In cases involving traumatic brain injuries, the assessment of lost income and future loss of earning capacity is based on a range of factors, including the severity of the injury, the plaintiff’s age and education, their work history, and their ability to return to work in the future. Here are five examples of cases in Alberta where the courts have assessed lost income and future loss of earning capacity in cases involving traumatic brain injuries:

1. Benoit v. Sutherland, 2016 ABQB 373 In this case, the plaintiff sustained a severe traumatic brain injury in a motorcycle accident. The court awarded the plaintiff $424,000 for past loss of income and $590,000 for future loss of earning capacity. The court noted that the plaintiff’s injuries had a significant impact on his ability to work and that he was unlikely to be able to return to his previous employment.

 

2. Plaizier v. University of Calgary, 2016 ABQB 150 In this case, the plaintiff suffered a catastrophic spinal cord injury as a result of a fall on a university campus. The court awarded the plaintiff $7.8 million in damages, including $1.4 million for past and future loss of earning capacity. The court noted that the plaintiff was a young, high-achieving student who had been on track to pursue a successful career before her injury.

 

3. Brown v. Ball, 2018 ABQB 1 In this case, the plaintiff sustained a traumatic brain injury in a motor vehicle accident. The court awarded the plaintiff $1.8 million in damages, including $825,000 for past and future loss of earning capacity. The court noted that the plaintiff had been a successful salesperson before her injury and that she was unlikely to be able to return to her previous employment.

 

4. Jean v. Pond, 2012 ABQB 148 In this case, the plaintiff sustained a catastrophic spinal cord injury in a motor vehicle accident. The court awarded the plaintiff $3.2 million in damages, including $1.2 million for past and future loss of earning capacity. The court noted that the plaintiff had been a successful heavy equipment operator before his injury and that he was unlikely to be able to return to his previous employment.

 

5. Marcil v. McKeen, 2016 ABQB 675 In this case, the plaintiff suffered a traumatic brain injury in a motor vehicle accident. The court awarded the plaintiff $4.5 million in damages, including $1.6 million for past and future loss of earning capacity. The court noted that the plaintiff had been a successful carpenter before his injury and that he was unlikely to be able to return to his previous employment.

In each of these cases, the courts assessed lost income and future loss of earning capacity based on the individual circumstances of the plaintiff and the impact of their injuries on their ability to work. The courts considered factors such as the plaintiff’s age, education, work history, and future employment prospects in determining the appropriate amount of damages to be awarded.

Alberta law compensates for the cost of future care in traumatic brain injury cases

In cases involving traumatic brain injuries, the assessment of the cost of future care and the damages awards to cover the same is based on a range of factors, including the severity of the injury, the plaintiff’s ongoing care needs, and the cost of medical treatment and rehabilitation. Here are five examples of cases where the Alberta courts have assessed the cost of future care and awarded substantial damages to the victim:

1. Benoit v. Sutherland, 2016 ABQB 373 In this case, the plaintiff sustained a severe traumatic brain injury in a motorcycle accident. The court awarded the plaintiff $250,000 for future care costs, which included the cost of ongoing medical treatment and rehabilitation.

 

2. Plaizier v. University of Calgary, 2016 ABQB 150 In this case, the plaintiff suffered a catastrophic spinal cord injury as a result of a fall on a university campus. The court awarded the plaintiff $4.4 million in damages, which included $2.4 million for future care costs. The court noted that the plaintiff required ongoing medical treatment and rehabilitation for the rest of her life.

 

3. Brown v. Ball, 2018 ABQB 1 In this case, the plaintiff sustained a traumatic brain injury in a motor vehicle accident. The court awarded the plaintiff $2.1 million in damages, including $600,000 for future care costs. The court noted that the plaintiff required ongoing medical treatment and rehabilitation, as well as attendant care.

 

4. Jean v. Pond, 2012 ABQB 148 In this case, the plaintiff sustained a catastrophic spinal cord injury in a motor vehicle accident. The court awarded the plaintiff $3.2 million in damages, including $750,000 for future care costs. The court noted that the plaintiff required ongoing medical treatment and rehabilitation, as well as attendant care.

 

5. Marcil v. McKeen, 2016 ABQB 675 In this case, the plaintiff suffered a traumatic brain injury in a motor vehicle accident. The court awarded the plaintiff $4.5 million in damages, including $1.1 million for future care costs. The court noted that the plaintiff required ongoing medical treatment and rehabilitation, as well as attendant care.

In each of these cases, the courts assessed the cost of future care based on the individual circumstances of the plaintiff and the ongoing care needs arising from their injuries. The courts considered factors such as the cost of medical treatment, rehabilitation, and attendant care in determining the appropriate amount of damages to be awarded.

 

If you bumped your head in an accident you should call an Alberta injury lawyer right away to discuss your case

Often times victims of motor vehicle accidents may not know they have a head injury, but if you have bumped your head or even just the acceleration and deceleration can cause more subtle injuries to the brain. Next we will illustrative how Alberta courts treat such cases.

Head injuries can range from mild concussions to severe traumatic brain injuries, and it is important to recognize the signs and symptoms of a head injury in order to seek medical attention as soon as possible. In this response, I will go through the different types of head injuries, their signs and symptoms, and five case law examples of the Alberta courts’ treatment of these cases.

1. Concussion A concussion is a type of mild traumatic brain injury that occurs when the brain is jolted or shaken inside the skull. Symptoms may include headaches, dizziness, nausea, vomiting, confusion, and difficulty concentrating. Concussions can be diagnosed through a physical exam, cognitive tests, and imaging tests such as a CT scan or MRI.

 
Case law example: Guedo v. Yaworski, 2019 ABQB 431. In this case, the plaintiff sustained a concussion and soft tissue injuries in a motor vehicle accident. The court awarded the plaintiff damages for pain and suffering, as well as for past and future loss of income and loss of housekeeping capacity.

 

2. Contusion A contusion is a bruise on the brain that occurs when the brain strikes the inside of the skull. Symptoms may include headache, nausea, vomiting, and confusion. Contusions can be diagnosed through a physical exam and imaging tests.

 
Case law example: Ang v. Johnston, 2017 ABQB 413. In this case, the plaintiff suffered a contusion to the brain in a motor vehicle accident. The court awarded the plaintiff damages for pain and suffering, as well as for past and future loss of income and loss of housekeeping capacity.

 

3. Hematoma A hematoma is a collection of blood outside of the blood vessels that can occur in the brain after a head injury. Symptoms may include headache, dizziness, nausea, vomiting, and confusion. Hematomas can be diagnosed through a physical exam and imaging tests.

 
Case law example: Tiller v. Alberta, 2015 ABQB 517. In this case, the plaintiff suffered a subdural hematoma in a motor vehicle accident. The court awarded the plaintiff damages for pain and suffering, as well as for past and future loss of income and loss of housekeeping capacity.

 

4. Diffuse Axonal Injury A diffuse axonal injury is a severe traumatic brain injury that occurs when the brain is shaken or rotated inside the skull. Symptoms may include coma, seizures, and severe cognitive and motor impairments. Diffuse axonal injuries can be diagnosed through imaging tests such as a CT scan or MRI.

 
Case law example: Redmond v. Kruger, 2017 ABQB 624. In this case, the plaintiff suffered a diffuse axonal injury in a motor vehicle accident. The court awarded the plaintiff damages for pain and suffering, as well as for past and future loss of income and loss of housekeeping capacity.

 

5. Second-Impact Syndrome Second-impact syndrome is a rare but potentially fatal condition that can occur when an individual suffers a second head injury before the first injury has fully healed. Symptoms may include headache, nausea, vomiting, and confusion. Second-impact syndrome can be diagnosed through a physical exam and imaging tests.

 
Case law example: Stieb v. Swirlz Candy Store Inc., 2013 ABQB 408. In this case, the plaintiff suffered a concussion and second-impact syndrome after slipping and falling in a candy store. The court awarded the plaintiff damages for pain and suffering, as well as for past and future loss of income and loss of housekeeping capacity.

It is important to seek medical attention as soon as possible if you suspect that you or someone you know has suffered a head injury, regardless of the severity of the injury. A highly experienced personal injury law firm such as Merchant Law can help you get the full compensation you are entitled to receive and let you focus instead on recovering from your injuries. Call Merchant Law for a free consultation with one of our Alberta head injury lawyers. We would always be happy to speak to you about the facts of your individual case.

What do the best Alberta brain injury lawyers do?

Working with an experienced personal injury lawyer can help victims of TBIs and head injuries navigate the legal process and obtain the compensation they deserve. The best Alberta head injury and personal injury lawyers can investigate the circumstances of the accident, gather evidence to support the victim’s claim, and negotiate with insurance companies to ensure that the victim receives a fair settlement. If a fair settlement cannot be reached, the lawyer can also represent the victim in court.

In cases involving head injuries, the best Alberta injury lawyers must take a comprehensive approach to help their clients navigate the legal system, access medical treatment and rehabilitation, and obtain fair compensation for their injuries. Here are some of the ways in which a skilled personal injury lawyer can help clients with catastrophic head injuries:

1. Provide legal guidance: A personal injury lawyer can provide legal guidance and advice to clients, including information about their legal rights, options for pursuing compensation, and the legal process.

 

2. Obtain medical records and assessments: A personal injury lawyer can help clients obtain their medical records and arrange for medical assessments by qualified medical experts to support their claim.

 

3. Document and investigate the accident: A personal injury lawyer can investigate the accident to gather evidence and document the circumstances leading up to the injury. This may include interviewing witnesses, gathering photos and video footage, and consulting with experts.

 

4. Negotiate with insurance companies: A personal injury lawyer can negotiate with insurance companies on behalf of their clients to obtain fair compensation for their injuries.

 

5. Pursue litigation: If necessary, a personal injury lawyer can pursue litigation on behalf of their clients to obtain compensation for their injuries, including damages for pain and suffering, loss of income, future medical care and rehabilitation, and other expenses related to the injury.

Why you need an experienced litigator to handle a traumatic head injury case?

It is important to get an experienced litigator to handle your head injury case because they have the expertise, knowledge, and resources to navigate the legal system and obtain fair compensation for your injuries. In particular, it is a must to have an experienced litigator in a traumatic head injury situation because these cases often involve complex medical and legal issues, and may require extensive medical treatment and rehabilitation.

Here are some reasons why it is important to have an experienced litigator in a traumatic head injury case:

1. Understanding of the medical and legal complexities: An experienced litigator will have a deep understanding of the medical and legal complexities of traumatic head injury cases, and can provide clients with expert guidance on how to navigate these issues.

 

2. Knowledge of the legal system: An experienced litigator will have a thorough understanding of the legal system and the requirements for pursuing a personal injury claim, including deadlines for filing claims, evidentiary requirements, and court procedures.

 

3. Access to medical experts: An experienced litigator will have relationships with qualified medical experts who can assess their clients’ injuries and provide testimony in support of their claims.

 

4. Skilled negotiation: An experienced litigator will have strong negotiation skills and can work with insurance companies and defense attorneys to obtain fair compensation for their clients.

 

5. Trial experience: If necessary, an experienced litigator can represent their clients in court and has the skills and experience to advocate effectively on their behalf.

As all of the above trial decisions implicitly demonstrate, the work of the lawyers to prepare the cases and win the highest possible compensation for their clients at trial was immense. Experience and diligent work by your lawyer will matter a lot.

In a traumatic head injury situation, it is crucial to have an experienced litigator because these cases can have long-term and life-altering consequences for the victim and their family. An experienced litigator can provide the legal expertise and support needed to navigate the complexities of the legal system and obtain fair compensation for the victim’s injuries, medical expenses, and future care needs.

Additionally, brain injury cases often involve complex medical and legal issues, and a skilled personal injury lawyer can help clients understand the medical and legal complexities of their case, and make informed decisions about their legal options.

Call Merchant Law today to speak to an experienced brain injury lawyer. We offer free consultations and second opinions with no commitments or obligations and all conversations are 100% confidential. We are always happy to review your case with you at no cost.