Head Injury Compensation: How Much Can I Claim?

One of the first questions people ask following an accident resulting in a head injury is "what is my case worth?” But it is difficult to assess compensation directly following an injury and in most circumstances the true cost of an injury is unknown until you have had time to seek medical treatment and proper therapy. That is why it is crucial to seek advice from a lawyer to make sure you get the head injury compensation you deserve.

Factors to Consider

There are many things to consider when assessing the value of a head injury claim, including:
  • the nature of the inquiry;
  • the cause of the injury;
  • the impact of the injury on your daily life.
In personal injury cases arising from motor vehicle accidents for example, monetary damages are paid to an injured victim by the at-fault party who is found to be legally responsible for the accident. Once your lawyer has received sufficient medical information from your health care providers and all facts surrounding the accident, a more accurate assessment of your claim will be made.

Claiming Head Injury Compensation

Most compensation in personal injury cases are classified as "compensatory”, meaning that they are intended to reimburse the injured party for what was lost as a result of the accident or injury. Some compensatory damages are easy to quantify – such as reimbursement for property damage and medical bills. But it’s more difficult to place a monetary value on pain and suffering as a result of lingering accident-related injuries, especially head injuries.
The different types of head injury compensation can include:
  • Medical treatment – Includes the cost of medical care associated with the accident – reimbursement for treatment already received and compensation for the estimated cost of medical care needed in the future because of the accident.
  • Property loss – Clothing, vehicle or other items that were damages as a result of the accident. You are also entitled to reimbursement for repairs or compensation for fair market value of the property that was lost.
  • Pain and suffering – Compensation for pain and serious discomfort that may have been suffered during the accident and in its immediate aftermath.
  • Income– Reimbursement for the injury’s impact on your salary and wages, not just income already lost, but also the money you would have been able to make in the future, had the accident not happened.
In some cases an injured party’s role in contributing to an accident or their inaction to seek medical treatment after the accident, can diminish the amount of damages available in a head injury claim. The law of Ontario recognizes contributory negligence, where the plaintiff’s claim to damages may be reduced if the plaintiff has failed to take reasonable care for their own safety or their own negligence has contributed to that loss.
A plaintiff must also take reasonable steps to minimize the financial impact of the harm caused by the accident. If the injured party does not seek medical attention when it is reasonable to do so, a damage award might be significantly reduced.
The consequences of a head injury can’t be underestimated. Get the head injury compensation you deserve by seeking the expert advice of a personal injury lawyer.

Speak With a Personal Injury Attorney After a Bicycle Accident

There are many great things about cycling – it’s good exercise, an environmentally beneficial choice of transportation, a great way to see places you couldn’t necessarily access by car, and it can be great fun. Unfortunately, there are a few safety concerns that you have to worry about when on a bike that you wouldn’t need to think twice about when driving a car. An unexpected opening car door or swerve from a passing motorist can spell disaster, and even cyclists with all the best safety equipment and riding skill can be caught unawares and suffer major injuries as a result of a cycling accident. Even with an approved helmet, the risks of head and brain injury are ever-present and the results of such injuries can be catastrophic. A good helmet should always be worn; it can absolutely help prevent fractures and abrasions, but sometimes, a strong enough impact, even when wearing protective headgear, can jostle the brain enough to leave you with symptoms that lead to hospitalization and lengthy periods of time off work. In order to properly assess what kinds of head injury compensation you might be entitled to, it’s best to speak with a personal injury attorney as soon as possible after a bicycle accident.

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Need more information about how we can help with your head injury claim and compensation? Contact our team of experienced personal injury lawyers for more details,