Brain injuries can be life-altering. A TBI can restrict your ability to drive, work, pursue an education, or be there for your family. Many TBIs disable their victims for the rest of their lives. Even a concussion, also known as a mild traumatic brain injury (MTBI), can hamper your life in a number of ways.
TBIs are also some of the most expensive injuries. You may need years of care.
That’s why insurance companies work hard to avoid paying for your TBI. A negligent driver or property owner may have caused you to sustain a head injury, but they don’t care. They’ll try to shift the blame onto you, minimize your injuries, or play 1,000 other dirty tricks to wriggle out of their obligations.
The team at Merchant Law doesn’t allow that kind of behavior. Instead, we work hard to hold insurance companies accountable.
Brain Injury Cases are Complex
It takes a skilled legal team to prove the full extent of the life-altering harm, pain, and suffering you’re going through. It takes a willingness to hire the experts who can pinpoint the economic loss you’re dealing with if you can no longer work.
It takes incredible negotiators to help you maximize your pain and suffering award. In Alberta this award is capped at $370,000, but $370,000 is not guaranteed. There are no guidelines for how pain and suffering should be awarded. It often boils down to the strength of your lawyer’s ability at the negotiation table. If the case is pushed to litigation, it depends on your lawyer’s ability to paint a picture for the jury.
Brain injury cases can easily be worth $1 million or more. No insurance company is going to volunteer to pay that much money, no matter how egregious their insured’s actions were.
They will try to claim the accident was your fault, or that you bear some portion of the brain. Alberta’s comparative negligence law divides fault into percentages. Every percentage point you’re assigned can lower your award by $10,000 or more.
If they can’t manage that, they’ll claim you failed to mitigate your losses, and that they are not responsible for a portion of your loss as a result. Or they’ll claim you’re trying to exaggerate the pain, suffering, and difficulty that you’re going through. TBI patients have to be prepared for a myriad of dirty tricks.
Brain injury patients are often at a disadvantage because many don’t even remember the accident. They were unconscious and picked up by an ambulance. They weren’t able to take photos, get witness information, or advocate for themselves. Your brain injury might have even left you in a state of confusion that allowed insurance adjusters to take advantage of you, leading you to say things that hurt your case later.
If you have an MTBI then you face other challenges. Despite the headaches, dizziness, and cognitive difficulties they cause you, they are remarkably difficult to diagnose and prove. They can even cause chronic pain which remains difficult to prove even though you are clearly suffering. You can rest assured that the insurance company will do everything in their power to minimize your pain and suffering. It’s our job to negotiate that award as high as possible, and to help everyone involved understand the impact thi injury is having on your life.
We’re on your side. Our expert team handles claims like these year after year. We employ the province’s finest experts to help us refute insurance company claims with hard numbers and real evidence. We investigate every case to its fullest and ask the tough questions.
We are experts who are prepared to tackle the complex nature of a concussion or brain injury case.
We respect you, and we respect what you’re going through.
We know that brain injuries can make it harder to communicate. We know that brain injuries can bring changes to your mood and your ability to handle stressful situations. We don’t judge you for any difficulties you may be having as a result of your TBI.
We’re patient and are willing to sit with you for as long as it takes you to tell us your story. We continue to respect you throughout the life cycle of your case. We respond to you promptly, answer your questions, and help you explore your options.
We also advocate for you. Many people do not know that the best personal injury lawyers help you explore all avenues for care you might require, like physical therapists, massage therapists, and chiropractors who can help you feel better and make a stronger recovery. We then help you seek reimbursement for costs incurred while visiting those professionals.
We know you need the personal injury settlement money to survive financially. We give your case all the time and attention it deserves.
Why Merchant Law?
“Hit in a crosswalk facing the walk light. Driver ran red light. Life altering day. Merchant Law team have been there. Best injury lawyers bar none.” -Henry Guzman
Most of our lawyers have over two decades of experience with personal injury law. That means we’ve helped thousands of Albertans navigate extremely complex cases, including catastrophic brain injury cases.
We’re empathetic and responsive, and you can count on us to keep you informed as your case progresses. You can also count on us to investigate your case from every angle. We’ll find every potential responsible party and dig out the case facts that will strengthen your position. Our broad network of expert witnesses and investigators strengthens your position.
We’re known for being some of Canada’s toughest litigators and strongest negotiators. We’ve helped our clients recover billions of dollars, and we can help you, too.
Remember, we work on contingency, which means we don’t get paid until we bring your case to a satisfactory conclusion.