Traumatic brain injury (TBI) is a type of injury that occurs when a sudden trauma causes damage to the brain tissue. This can happen when a person experiences a blow to the head or a penetrating brain injury with potentially serious and long-lasting consequences for the injured person.
Traumatic brain injuries can have a variety of severe ramifications, potentially resulting in cognitive difficulties and other impairments that constitute a long-term disability or impairment. If you are or someone you know has experienced this type of unfortunate event, it’s natural to wonder about the average settlement for a traumatic brain injury in Canada. Here is some information that may help you understand how much one could receive as compensation for these kinds of severe injuries.
Causes of Traumatic Brain Injury
There are many different causes of traumatic brain injuries, but some of the most common factors include the following:
- Car accidents
- Sports injuries
- Improperly used safety gear
Whether it’s a result of someone’s negligence or a car accident, a traumatic brain injury can profoundly affect your life.
Symptoms Of Traumatic Brain Injury
The symptoms of traumatic brain injury can vary depending on the severity of the injury. Some brain injury victims may experience a brief loss of consciousness, while others may remain in a coma for weeks or months.
Some of the other symptoms associated with traumatic brain injury include:
- Nausea and vomiting
- Fatigue or drowsiness
- Blurred vision
- Light sensitivity
- Ringing in the ears
With more serious injuries, individuals may also experience the following:
- Convulsions or seizures
- Inability to wake up from sleep
- Dilated pupils
- Clear fluids draining from the nose or ears
- Weakness or paralysis in the extremities
- Loss of coordination
- Chronic pain
- Changes in mood or behavior
If you have suffered any of these symptoms after sustaining a head injury, it is vital to seek medical attention as soon as possible.
Factors That Affect Settlement Value
There are several factors that will affect the value of your traumatic brain injury claim, including:
The Severity of Your Injury
This will be the most significant factor in determining the value of your claim. If you’ve suffered a mild traumatic brain injury, also known as a concussion, you can expect to recover damages for medical bills and any past wage loss.
However, if you have suffered a moderate or severe traumatic brain injury, you may be eligible for much more significant compensation. This could include:
- Loss of enjoyment of life
- Damages for pain and suffering
- Future medical expenses
This is why it is so important to seek the advice of a personal injury lawyer if you have suffered a traumatic brain injury.
The Cost of Your Medical Treatment
Another essential factor that will affect the value of your claim is the cost of your medical treatment. If you have incurred significant medical bills due to your traumatic brain injury, this will be considered when your settlement is calculated.
In addition, if you have suffered a moderate or severe traumatic brain injury, you may require long-term future care. This could include:
- Physical therapy
- Occupational therapy
- Speech therapy
You will need to provide evidence of the cost of this care when making your punitive damages claim.
Your Lost Wages
You may be entitled to compensation for your lost wages if you’ve missed work due to your traumatic brain injury. This could include:
- Lost earnings from the time of your accident until the present day
- Future lost earnings if you are unable to return to work or if you need to take a lower-paying job because of your injury
You must provide evidence of your lost wages when making your claim.
Age can also affect the value of your severe brain injury claim. If you are younger, you may have many years ahead of you in which you could suffer the effects of your traumatic brain injury.
On the other hand, if you’re older, the court may assume that you have less time left to enjoy life and that your injuries will have a shorter-term impact.
The Impact of Your Injuries on Your Life
Aside from the other factors, the impact that your injuries have had on your life will also affect the value of your claim. If you have suffered a mild traumatic brain injury, the effects may be temporary, and you could recover fully.
However, the effects could be long-lasting or even permanent if you have suffered moderate or severe skull fractures. This could include:
- Memory problems
- Cognitive deficits
- Personality changes
You will need to provide evidence of the impact of your injuries on your life when making your claim. And this is where a personal injury lawyer can help.
What Can a Personal Injury Lawyer Do for You?
Like a car accident lawyer, a personal injury lawyer will help you understand the value of your claim and will fight for the compensation you deserve.
- Investigate the accident results
- Gather evidence
- Collect expert witness testimony
- Calculate the value of your claim
- Negotiate with the insurance company
- Take the at fault party to court if necessary
A personal injury lawyer will also deal with the paperwork and take care of everything for you so that you can focus on your recovery. They are your best chance at getting the total compensation you are entitled to. However, ensure you look at their management fees before settling on a firm.
How Much is a Traumatic Brain Injury Claim Worth?
The average settlement for traumatic brain injuries in Canada varies and will depend on the above mentioned points.
The average compensation claim for a mild traumatic skull injury in Canada could be anywhere from $5000 to $50,000. For a moderate traumatic brain injury, the average settlement amount is between $85,000 and $240,000. And for a severe traumatic brain injury, the average settlement is over a million dollars.
Get The Compensation You Deserve
If you have suffered a brain injury due to a person’s negligence, you may be entitled to compensation. Wynperle Law is here to help. We have years of experience handling personal injury cases in Ontario.
Our experienced personal injury lawyers are compassionate professionals who know to achieve results. If you believe you have a personal injury claim as a result of a traumatic brain injury, contact us today to schedule a free consultation.