What Is the Law If I Sustained A Brain Injury? Know your Rights

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What Is the Law If I Sustained a Brain Injury? Know Your Rights

According to the Brain Injury Society of Toronto, 50,000 Canadians sustain brain injuries each year; more than fifty percent of those are caused by automobile accidents. Traumatic brain injuries or TBI can be debilitating, making everyday life difficult to manage. If you are suffering from a brain injury as a result of an accident, you may be entitled to compensation.  You need to know your legal rights but may be asking yourself, what is the law if I sustained a brain injury?

What Is a Brain Injury?

Traumatic brain injury is usually the result of a violent blow or sudden jolt to the head or body.  You do not need to be knocked unconscious to sustain a brain injury.  It can be the result of a motor vehicle accident (car, truck, bicycle, motorcycle, boat), from playing sports, slipping or a fall from a high place. Symptoms can include:
  • headaches
  • dizziness
  • unusual fatigue
  • short or long-term memory difficulties
  • lack of ability to concentrate
  • blurred vision or other visual changes
  • drastic personality changes
  • problems with speech
  • difficulty learning new tasks or dealing with new information
If you have any of these symptoms, you should consult with your doctor.


Recovery from a TBI takes time, as the brain is a complex organ that is slow to heal.  You may not be able to take care of yourself or other who depend on you. Often, you will need external care or help with rehabilitation. You may be experiencing loss of income and concerned about how you will support yourself and your family.

What Is the Law?

If you or a loved one has sustained a brain injury as a result of slipping and falling due to someone’s negligence (icy sidewalks, stairs with no railings, slippery floor in a grocery store) or as a result of a motor vehicle accident you may be entitled to compensation. However, there may be time limits on the window within which you can make a claim.  You may be entitled to make a claim for specific treatment plans, attendant care workers or payment for a family member providing supervision. If you are unable to care for your family you may be entitled to housekeeping or child care assistance.

When to Call a Lawyer

If you are suffering from TBI and you want to find out if you are entitled to compensation, call a lawyer. Find a firm experienced in personal injury law and head injuries.  Ask them if they will give you a free consultation or second opinion.  A good lawyer can help you gather documents, navigate the maze of paperwork, and work with all parties involved to find a resolution, so you can take the time to recover.  Find a firm with a track record, who has been in business for some time. You may want a firm that has the ability to both negotiate settlements as well as being able to take a case to court, if need be.
If you are asking yourself, "What is the law if I sustained a brain injury?”, call a lawyer and get some sound legal advice. 
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