Legal Advice for Head Injury Claims

According to the Brain Injury Centre Canada, motor vehicle accidents account for 17.3 percent of all traumatic head injuries. Head injuries can affect a person’s cognitive abilities, emotional responses, and overall personality and there are many complex legal issues surrounding head injury claims.
If you are a victim of a head injury, resulting from a traffic accident, failure to understand the significance of traumatic head injuries can lead to unfair compensation. By contacting a knowledgeable personal injury lawyer, there is a greater opportunity to collect the maximum compensation for head injury claims.

Know your Rights

Anyone who sustains a head injury as a result of another party’s fault can bring a claim against that person or organization. This can include anything from a traffic accident to a faulty product. Head injury victims have rights under Canadian law, including:
  • the right to file a head injury-related personal injury claim;
  • the right to obtain legal representation to file a claim;
  • the right to apply for long-term disability benefits;
  • the right to negotiate an out-of-court settlement.
Although you have many rights as a victim, in Ontario, your claim must be filed within two years of the accident unless there are mitigating circumstances. The burden of proof falls on you, so you must keep a thorough record of your injuries with documents like the accident report and medical records.
Depending on the circumstances of your injury, you may be entitled to compensation for:
  • medical expenses;
  • rehabilitation costs;
  • diminished earning capacity;
  • lost income;
  • property damage;
  • pain and suffering.
There are some limits of insurance under Canadian law in the case of head injury-related insurance claims such as the claim amount may not exceed the value of the insurance policy. In these claims, not only must the claim amount not exceed the value of the insurance policy, it also must be thoroughly established that there was no negligence on your part to operate the car in a manner considered to be safe. For example, if your injury is the result of a car accident, it must be proved that the vehicle had been cared for with an adequate level of maintenance.

You should never speak with an insurance company and fill out any forms until you speak with a lawyer. A lawyer who deals with personal injury will know how to fill the forms out and know how to speak with the insurance company to ensure that you are treated fairly.


Launching Head Injury Claims


The physical, emotional and cognitive damages from a traumatic head injury can be devastating. However, proving the emotional, cognitive or psychological effects from a head injury can be challenging.


Every case is unique and every case presents itself with its own limitation period and set of challenges. A personal injury lawyer will examine the cause of injury, if someone should be held responsible for the injury and determine whether there is a strong case. A lawyer will also help to assess the amount of money that is likely to be recovered.


For head injury claims, a personal injury lawyer will help you determine your legal rights and guide you through the legal process, so you can focus on recovering. 

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