Dealing with a Brain Injury and the Stress of an Insurance Claim

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Dealing with a Brain Injury and the Stress of an Insurance Claim
It’s important to contact a brain injury lawyer immediately after an accident so you can file an insurance claim. A brain injury can take a long time to heal and can have tough emotional and financial repercussions.

How Insurance Works After a Brain Injury in Ontario

It’s a good idea to contact a lawyer immediately following an accident. Your lawyer can concentrate on accident-related details, like collecting details about the accident, dealing with insurance companies and insurance adjusters, filling out paperwork and filing it on time, preparing for any future expenses, and other details that you may be too ill or too distracted to manage. If you’re making medical decisions for a loved one who has sustained a brain injury, contact a brain injury lawyer to help file an insurance claim on that person’s behalf. Some claims can have time limits on when you’re allowed to file and some of those limits are as short as ten days.
According to the Law Society of Upper Canada, there are a few places where the victim of an accident can turn to make a claim. The first place your lawyer will file a brain injury-related insurance claim is with the at-fault person’s insurance company. If the at-fault person doesn’t have insurance, a claim may be filed with the Financial Services Commission of Ontario’s Motor Vehicle Accident Claims Fund, which was set up just for that purpose. If you were injured at work, the claim may need to be filed with the Workplace Safety and Insurance Board first since they have a compensation system for workers injured on the job. Your lawyer can help you determine where your claim should be filed.

Who Pays for Health Care-Related Costs?

When you or a loved one is injured, you face a loss of income for both the injured person and the family member who is helping to care for that person. This comes at a time when there may be additional financial strain on your family because of the injury. Costs like medication, medical devices, and transit may not be covered by OHIP or employee benefit plans.
If additional care is needed after a brain injury, the Ontario Ministry of Health and Long-Term Care has a list of who is responsible for associated medical and home-care costs after a motor vehicle accident. According to Ontario’s Statutory Accident Benefits Schedule, the at-fault person’s insurance company is required to pay for non-professional health care service. That includes services like meal preparation, transportation, support for caregivers, help with home maintenance and repair, and help with accessing social or recreational services that you need. You’re also entitled to help with personal hygiene, laundry, housekeeping, and other personal care that may be hard to do, especially if your brain injury has led to a temporary or permanent physical disability.
The Ministry of Health and Long-Term Care pays for physician services, hospital services, air ambulance, mental health facilities, and some other professional services like speech-language pathology, nursing, occupational therapy, physiotherapy, and other services.
The brain is a complex organ that can take a long time to fully heal. A brain injury lawyer can help you file an insurance claim that will take this into account so you can stop worrying about finances and focus on getter better.

Dealing with a Brain Injury and the Stress of an Insurance Claim

By cjp
Dealing with a Brain Injury and the Stress of an Insurance Claim

Are You Dealing With A Brain Injury Insurance Claim?


After a traumatic brain injury (TBI), you’ll be in need of compensation from the at-fault insurer. Unfortunately, yet also unsurprisingly, insurance companies have a vested interest in providing you as little pecuniary return as possible. The vast array of factors to keep in consideration, coupled with the stresses of your own or a loved one’s TBI, make it easy to slip up when talking to insurers. Before speaking to the at-fault insurer, make sure you seek the consultation of a lawyer to help you deal with your brain injury insurance claim.


Questions to Keep in Mind When Filing a Brain Injury Insurance Claim


Brain injury insurance claims are far from simple; it’s important to scour the at-fault insurer's policy after a TBI to find answers to some of these important questions:


  • What are the limits of the lifetime benefits?
  • What is the deductible?
  • What are the exclusions in the policy?
  • How does the policy define rehabilitation services?


Chances are you won’t know the answers to most of these off the top of your head, but they’re also only the broad strokes. An experienced lawyer will know these policies well, and understands how to deal with insurance adjusters to ensure that you receive the compensation you deserve.


Use a Personal Injury Law Firm for Your Brain Injury Insurance Claim


Though a TBI is a bewildering experience for you and your family, personal injury lawyers have been there before and know how to help. They can collect accident details, file the right paperwork on time, deal with insurers, and prepare you for the future.



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