Head Injuries and the
Need for a Lawyer
Head injuries can have a dramatic effect on an individual,
sometimes bringing a lifetime of health problems. A personal injury lawyer with
experience in litigating head injury claims is necessary to get the appropriate
financial damages.
The first step after an injury is, of course, to get medical
assistance. Brain injuries can have a catastrophic effect on a person’s memory,
speech and ability to function. A surgeon can recognize those symptoms – most
of the time. However, the complexity of the brain sometimes means that some
damage is not physically apparent, or can manifest itself after a period of
time.
The nature of brain damage can also make it much harder to
heal than fractures or other types of injury.
The most prevalent cause of brain injury is car accidents
but head injuries are also significant in other vehicular mishaps, most notably
with bicycles. There are also slip and falls, blows to the head as a result of
violence, and – now being recognized more and more – injuries to the head as a
result of sports contact.
The Brain Injury Association
of Canada estimates that Canadians suffer over 200,000 brain injuries
annually – more than breast cancer, HIV Aids, spinal cord injury and multiple
sclerosis combined. And Traumatic Brain Injuries (TBI) – ones with long term
effects – happen to more than 50,000 Canadians a year. Inside the skull, the
brain can bleed, swell and even shut down. Such conditions can also result in a
Traumatic Brain Injury.
Time Limitations for
Claims
In addition to seeking medical help, a victim of a head
injury should consult a lawyer as soon as possible. Whether you are making a
claim for compensation through the Ontario Insurance Act or
through a negligence suit – or both – there are important deadlines that a
lawyer must meet on your behalf.
Hiring – and Paying -
Your Lawyer
Cost is often the first thought that comes to mind when
considering a lawyer. The need to make a legal claim and have it shepherded
through what could be a convoluted process could be a deterrent for some people
– but it needn’t be.
Recognizing that claimants’ financial situations can vary
and that many people simply cannot afford to pay a lawyer as a case progresses,
lawyers often take on cases on a contingency basis. This means that your cost
is a percentage of the settlement. You don’t pay the lawyer until an award is
made. Hand in hand with this, some head injury lawyers will also underwrite the
costs of the case as it progresses, so you are never forced into making a
settlement prematurely for an amount that is less than what is warranted.
If you have been in an accident that resulted in a head
injury, you should consult with a head injuries lawyer. Inquiring with a lawyer
is usually at no cost to you and it may get you the compensation you need.