Toronto Car Accident Lawyers Who Handle Traumatic Brain Injury Cases
You owe us nothing unless we recover compensation for you
In many cases, a car accident can result in head injuries. These can have many serious consequences for victims, including the possibility of traumatic brain injury (TBI). The experienced car accident lawyers at Smitiuch Injury Law are dedicated to getting clients the help they need and the compensation they deserve.
A traumatic brain injury is any damage that results in the normal functioning of the brain. For victims, this can result in physical, cognitive or sensory problems. They may experience headaches, memory loss, confusion, loss of balance, mood swings, slurred speech or sensitivity to light and sound.
Here are some frequently asked questions about TBI after a car accident:
- What is a traumatic brain injury (TBI)?
- What are common causes of traumatic brain injuries in car accidents?
- What are symptoms of a traumatic brain injury after a car accident?
- How is a traumatic brain injury diagnosed after a car accident?
- What are the long-term effects of a traumatic brain injury?
- Who is responsible for paying for medical bills related to a TBI caused by a car accident?
- Can I sue the at-fault driver for my traumatic brain injury?
- How much is my TBI car accident claim worth?
- What evidence is needed to prove my TBI was caused by a car accident?
- How can an Ontario car accident lawyer help after a TBI?
What is a traumatic brain injury (TBI)?
A traumatic brain injury (TBI) is a type of brain injury often caused by a blow to the head or sudden jolt that shakes the head. Depending on the force of impact, location of the injury and other factors, TBIs can cover a wide range, including:
- Mild TBI – Mild TBI victims may lose consciousness for up to 30 minutes. Concussions are the most common type of mild TBI. Don’t let the name fool you – a mild TBI can have serious consequences.
- Moderate TBI – A more severe concussion that results in injury victims losing consciousness for 30 minutes to 24 hours. Moderate TBIs can result in long-term medical issues.
- Severe TBI – The most serious TBI, which often results in injury victims going into a coma or losing consciousness for more than 24 hours. A severe TBI can have lifelong consequences and could result in permanent brain damage.
Many Ontario car accident TBIs occur due to driver negligence, which means the driver did something wrong. When this happens, you may be eligible to receive compensation for your financial losses. A lawyer can help you with this process.
What are common causes of traumatic brain injuries in car accidents?
Car accidents remain one of the leading causes of TBIs in Ontario due to the significant force involved in collisions. TBIs often occur as a result of a car crash for many different reasons:
- Your head strikes the dashboard, steering wheel or car window.
- Whiplash causes your brain to collide with the inside of your skull.
- You’re ejected from the vehicle during the crash and your head hits the ground.
- Objects inside the car strike your head during the collision.
These types of head injuries can happen in a split second. However, the consequences of a concussion or another type of TBI can last a lifetime. That’s why it’s important to understand how car accidents cause TBIs and what to do afterwards to address the consequences.
What are symptoms of a traumatic brain injury after a car accident?
Recognizing the symptoms of a TBI is critical for getting the medical care you need to treat your brain injury. Seek immediate medical attention if you experience any of the following TBI symptoms:
- Headaches, nausea, or vomiting.
- Confusion, memory loss, or trouble concentrating.
- Dizziness or problems with balance.
- Sensitivity to light or noise.
- Changes in mood or behaviour, such as irritability or depression.
Even mild symptoms can escalate, making early intervention critical. In addition, many people with a brain injury have delayed TBI symptoms that don’t appear for several hours or days after a car accident. If you suspect you have a TBI, have a doctor examine you right away so they can diagnose your TBI and provide the medical care you need.
How is a traumatic brain injury diagnosed after a car accident?
Diagnosing a TBI often requires a comprehensive medical evaluation and advanced imaging tests. Some of the different ways doctors often diagnose a TBI include:
- CT scans or MRIs to detect brain damage.
- Neurological assessments to evaluate motor skills, memory, and reflexes.
- Detailed symptom evaluations conducted by medical professionals.
In each case, the sooner a medical professional can accurately diagnose your TBI, the better. A TBI diagnosis also provides critical evidence and a clear link between your brain injury being caused by a car crash.
What are the long-term effects of a traumatic brain injury?
The long-term effects of a TBI can drastically change your life – physically, emotionally and financially. Specific long-term impacts of a TBI can include:
- Cognitive impairments, such as memory loss or difficulty focusing.
- Chronic pain, headaches, or motor skill challenges.
- Emotional impacts, including depression, anxiety, or mood swings.
- Significant financial strain from medical bills and lost income.
A severe TBI can change your life forever. Adapting to these changes often requires extensive rehabilitation and financial support. Knowing your legal rights can help you secure the resources you need to move forward and rebuild your life after a serious car accident.
Who is responsible for paying for medical bills related to a TBI caused by a car accident?
Understanding who pays for your medical bills after a TBI involving a car accident can be confusing. However, it’s important that you understand how the system works since your financial stability could be at stake.
In Ontario, accident benefits through your car insurance typically cover immediate medical expenses, regardless of fault. In addition, you may also be able to pursue a personal injury claim against the at-fault driver to cover additional costs, such as ongoing therapy or lost income.
To learn more about your options and to protect your legal rights, notify your insurance provider promptly, then talk to an Ontario car accident lawyer to explore your compensation options.
Can I sue the at-fault driver for my traumatic brain injury?
The short answer? Yes. In most cases, if another driver’s negligence caused your TBI, you have the right to file a personal injury lawsuit in Ontario seeking damages, the legal term for financial compensation. Such compensation may cover money for:
- Medical expenses, including long-term care.
- Lost income and reduced earning potential.
- Pain and suffering from physical and emotional trauma.
Proving negligence can be difficult. Often, injury victims must provide evidence in support of their claim. Such evidence often includes official police accident reports, witness statements and medical records. An experienced lawyer can help with the process and investigate your crash. That way, you can focus on what matters most – your recovery and future medical care.
How much is my TBI car accident claim worth?
There’s no set dollar amount when it comes to financial compensation for your car accident TBI. The bottom line is you should be compensated for all your financial losses associated with your car accident and brain injury. Potential compensation may include:
- Medical expenses and rehabilitation costs.
- Lost income and diminished earning capacity in the future.
- Non-economic damages for pain, suffering, and loss of quality of life.
Add up all these expenses and your car accident TBI could be worth thousands of dollars or significantly more. Each case is unique, but settlements or awards for TBIs can reach substantial amounts due to their life-altering nature. Often, the best way to understand the value of your car accident TBI claim is to seek legal guidance and talk to a lawyer.
What evidence is needed to prove my TBI was caused by a car accident?
Strong evidence is critical for proving your TBI was caused by a car accident. Such evidence can cover a wide range and often includes:
- Medical records detailing your diagnosis and ongoing medical treatment.
- Police reports and witness statements documenting the crash.
- Photos or videos of the accident scene and injuries.
- Expert testimony from medical or accident reconstruction specialists.
Detailed documentation can strengthen your Ontario TBI car accident claim. Without evidence, you could have a hard time getting the money you deserve from insurance companies for your accident. That’s because many insurance companies will do anything they can to minimize the impact of your accident and reduce or deny your injury claim in some cases.
How can an Ontario car accident lawyer help after a TBI?
A lawyer can be your ally when pursuing compensation for a traumatic brain injury (TBI) claim after an Ontario car accident. TBI cases can be complex and confusing and often involve significant challenges – financially, medically and legally. A knowledgeable Ontario car accident lawyer can level the playing field and make sure your rights are protected and respected. They can:
- Conduct a thorough investigation: A lawyer can gather key evidence, including medical records, police reports, accident scene photos and witness statements to build a strong case.
- Establish liability: Proving fault is essential. A lawyer can identify how the at-fault driver’s negligence, such as speeding or distracted driving, caused your injury.
- Calculate your claim: A lawyer can determine the full impact of your financial losses, including medical bills, lost income, future medical care costs and non-economic damages (financial losses) such as pain and suffering.
- Negotiate with insurance companies: Insurance providers often try to minimize payouts to injury victims. This is especially true in cases involving TBIs. A lawyer can negotiate on your behalf and demand a fair settlement that accurately reflects your long-term needs.
- Take legal action: If negotiations fail, your lawyer can file a car accident TBI lawsuit on your behalf and represent you in court for all legal proceedings related to your case.
Having experienced legal support can ensure you are not overwhelmed by the legal process. It also allows you to focus on your recovery while your lawyer handles the complex legal aspects often associated with your case.
Our Toronto car accident lawyers fight for compensation for victims
If you or a family member has suffered a traumatic brain injury (TBI), you know it is critical to receive proper medical treatment right away. Our legal team has established relationships with health care providers with traumatic brain injury expertise. We are also connected with counsellors, psychologists and therapists who can help you or your loved one recover. We help our clients throughout GTA move forward with their lives.
A traumatic brain injury can last a lifetime. Individuals with TBI may require not only short-term medical care, but also physical and mental rehabilitation and care in the long term. In some cases, victims will not be able to return to their previous kind of employment, leaving family members and dependents in a state of economic distress.
Receiving compensation is often necessary to ensure individuals with TBI receive appropriate care now and in the future. Our clients are not only injury victims, but entire families. Our legal team works with our clients to seek the compensation they require to move forward.
We start by building a case that proves your car accident injury was caused by negligence. Our investigators know where to look for evidence that another driver was speeding, driving recklessly, texting or operating under the influence of alcohol. We carefully review accident reports and medical records. We identify and interview witnesses. If needed, we consult industry professionals, such as accident reconstruction experts and medical specialists.
The law firm that gets results in Toronto, Brantford and Simcoe
Our firm has been fighting for the injured since our founding in 2001, and we are well-known to insurance companies. They know that our attorneys are always prepared with strong cases. They also know that we are never afraid to go to trial on behalf of our clients. That’s why they often agree to negotiate a settlement with us.
At Smitiuch Injury Law, clients are the centre of everything we do. We take your case seriously right from the start and are committed to helping you get the best possible outcome. You can expect honest and helpful advice from our lawyers, who will give you personal attention and guide you through the process every step of the way.
If you wish to receive information on your legal options following your own TBI or that of a family member, contact us to schedule a free case evaluation. If you choose us to represent you, you owe us no fees unless we win you compensation. That’s our “no win, no fee” promise.
“It was quite scary in the beginning but they made the process as easy for me as possible. I really can’t be happier with the results.”
– Kimani M.
★★★★★
