Toronto
Accidents Can Result in Brain Injury with Short and Long Term Consequences
It is estimated that 50 percent of brain
injuries suffered by adults are caused by motor vehicle accidents. The force of
the collision can cause direct impact (such as the head striking the steering
wheel) or indirect impact (the sudden jolt causes the brain to strike against
the skull). Accidental brain injuries also result from slips and falls and
contact sports, such as boxing or football. Regrettably, one cause that is not
accidental is physical assault.
There is not one age group that is not
susceptible to brain injuries; they affect everyone from children through to
young adults and seniors.
Regardless of what causes the brain injury,
immediate medical attention must always be sought. Brain injuries may readily
present symptoms, such as a blood clot appearing on a CT scan or the sufferer
experiencing nausea, disorientation and/or headaches. The injuries are no less
severe just because they have been diagnosed. The brain injury may manifest
itself in a loss of consciousness, even coma.
Indeed, any kind of injury to the brain has
the potential to be – or become – extremely serious.
Frustratingly, some brain injuries may not
be readily apparent or may not even develop until days – even years –
later. For example, someone who has
suffered a severe brain injury has an increased chance of developing a
degenerative neurological or neuromuscular disorder such as Parkinson’s Disease
or Alzheimer’s Disease.
A
Tort Claim and the Family Law Act
There isn’t just one victim. Besides the
injured individual are family members who must make sacrifices in order to
support their loved one. The victim could be too young to make decisions or the
brain injury sustained has led to temporary or permanent incapacitation. In
such circumstances, Power of Attorney may be required.
Under the province’s Family
Law Act, the family of the injured party can make a Tort Claim, i.e.
lawsuit, for the loss of comfort, care and companionship. If the victim of the
injury does not have immediate family, a Tort Claim may be the best means of
pursuing financial compensation for ongoing care, pain and suffering, and the
loss of future income.
Seek
Legal Advice Immediately
In the aftermath of a severe accident, the
last thing on one’s mind is to contact a lawyer. Family members need to arrange
travel and accommodations if they are not in Toronto, consult medical
specialists and arrange hospital visits. However, as soon as the
accident occurs, it is highly recommended that legal advice be sought immediately. While our universal health care means access to top Toronto
hospitals and an internationally renowned children’s medical centre, a brain
injury will have financial requirements. A personal injury lawyer will advise
on options, such as Statutory Accident Benefits (through the Ontario Insurance
Act) or if the matter has the potential for a Tort Claim.
Different types of claims have different
time limitations. Some claims must be filed almost immediately, such as is the
case if the accident is due to the negligence of a City of Toronto employee or
municipal service like a Toronto Transit Commission (TTC) bus or streetcar. As
mentioned, some brain injuries take time to become apparent. It is prudent to
explore options with a personal injury lawyer who has a full understanding of
the delicacy and devastation of brain injuries and their far-reaching
implications.