Head Injury Claims Are Complex
Recent changes in personal injury law in Ontario are yet another reason to hire a head injury
lawyer in the aftermath of an accident. The very definition of what constitutes
a catastrophic impairment is being adjusted, and this applies also to traumatic
brain injury (TBI).
Claims for head injuries were already complex. The scope of
a head injury is not always evident; wounds are often not just superficial.
Bleeding, bruising or other trauma can have happened to the brain without
immediate outward effect. Sometimes there is no bleeding or bruising at all!
Often it is slow-developing behavioural changes that are the clues suggesting a
serious injury has actually taken place.
It makes sense to get the services of qualified medical
examination early, and on a continuing basis. A head injury lawyer will have
access to the appropriate medical specialists, and direct you to them.
There is also the issue of limitation periods.
All legal actions are subject to them, and with many personal injuries –
especially ones involving vehicular accidents – those periods can kick in quite
quickly after an accident. It is worth noting that bicycle accidents are also a
prime cause of head injuries.
What a Lawyer Can Do for You
A head injury lawyer will guide you through the damages
process, giving you peace of mind as your claim progresses to settlement. In
addition to steering you to medical examiners and meeting the various
deadlines, the lawyer can conduct the various negotiations.
Most personal injury cases do NOT go to trial – a great
relief to claimants. The logic behind this is that it is far better to take a
sure settlement than risk the cost and uncertainty of a trial, however, rest
assured that a head injury lawyer working on your behalf will be prepared to go
to trial if needed. There is plenty of precedent for the levels of compensation
for various injuries – and a head injury claims lawyer will know what they are.
With head injuries – again, because of the uncertainty of damage – this is
especially important.
Who Should You Hire
You must find a lawyer who is proficient in personal injury
law and, preferably, one with particular experience with head injury cases. The Law Society of Upper Canada has a referral program, which allows you to meet with a lawyer in your area for
a half hour, free consultation. Use that as your chance to "audition” the
lawyer.
A lawyer will work for a contingency fee, recognizing that
you may not have the financial stability following an injury to pay up front.
Simply put, this means that the lawyer will pursue your claim in exchange for a
pre-agreed upon percentage of the settlement. In addition, the lawyer may pay
for any costs incurred along the way, ensuring that you do not have to curtail
the claims process prematurely.
You need to be comfortable with your lawyer and part of that
may lie in your ability to communicate. If your first language – or that of the
injured party – is not English, find a lawyer who can speak with you in your
own language.