Traumatic Brain Injury Litigation

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  • Acquired Brain Injury (ABI) Litigation
  • We Win These Cases
  • Brain Injury Expert Evidence
  • We Understand Brain Injury Law

Brain injuries are a common and extremely debilitating type of trauma resulting from serious motor vehicle accidents. Many are indisputable, such as when a victim is in a coma or has no brain activity. However, other victims endure more subtle effects such as:

  • Brief loss of consciousness
  • Seizures
  • Brain bleeding
  • Loss of smell or taste
  • Frontal lobe damage
  • Conversion disorder
  • Movement Disorders
  • Movement Disorder
  • Headaches
  • Confusion
  • Problem solving issues
  • Anger & emotional problems
  • IQ Deterioration

In such cases, suing for damages can be difficult, especially when MRI results and CT scans show up as normal. Defendants' lawyers and insurers will vigorously refute allegations due to the challenges victims face in proving symptoms stem from the accident.

We employ expert medical teams specializing in brain injuries, symptoms, treatments and future prognoses to prove that these subtle, but nonetheless devastating symptoms do in fact arise from injuries sustained in an accident. We demonstrate the past and future damages these symptoms have caused and will cause. These can include loss of enjoyment of life, family deterioration, job loss, past and future income loss, educational challenges, the need for attendant care, assistance with housekeeping and daily tasks, the need for assistive devices and assisted living accommodations.

To win negligence claims in court we work with top internationally respected brain surgeons, neuropsychologists, neurologists, psychologists, physiatrists, occupational therapists, speech language pathologists, vocational experts, forensic accountants, forensic engineers, and others. Their testimony is used to prove every aspect of your symptoms, your damages, and to win at trial.

Under provincial law and the regulations covering automobile insurance, brain injuries holds a unique status. Every car insurance policy in Ontario carries the ability to claim enhanced benefits when claimants fit the legal definition of "Catastrophic Impairment". Those classified thus gain access to a category of benefits that can extend into many millions of dollars. These include otherwise unattainable benefits from your own automobile insurance policy. We are experts at unlocking those enhanced benefits.

Our firm's expertise lies in proving that our clients have suffered a Catastrophic Impairment as defined in the Insurance Act Regulations as a result of suffering a traumatic brain injury. It is a complicated legal arena characterized by a long history of jurisprudence, complicated medical definitions, expert opinions and a variety of litigation and court room procedures.