Aftermath of Brain Injuries

Brain injuries are on the rise, with the greatest occurrence amongst children and young adults. For a parent or guardian, when a brain injury occurs, the challenge is immediately ensuring the best possible care and recuperation of the child. For a lawyer working within the parameters of brain injuries, the immediate challenge is to help facilitate the financial resources to undertake such care.

According to the Brain Injury Association of Canada, every year 18,000 Ontarians sustain a brain injury. Statistically, one in six of those injured will be unable to return to the same lives s/he had prior to the injury. Due to their brains still developing, children and young adults may not exhibit symptoms of their brain injury until weeks or even months later, through changes in cognition, behaviour, and/or motor skills.

A multitude of factors differentiate one scenario from another, such as the age of the child, the severity of the brain injury (and whether the effects will be long-term or permanent), the care that will be required, and the circumstances in which the injury was acquired. An experienced personal injury lawyer can advise the parent or guardian on recommended avenues during an initial free consultation. A brain injury lawyer will also be aware of the strict deadlines and procedures relevant to filing a specific type of claim.

Children and young adults usually acquire brain injuries through:

Motor Vehicle Accidents

Insurance companies in Ontario follow protocols established through the Insurance Act of Ontario. Accident benefits for children under the age of 18 at the time of the accident are outlined by the Statutory Accident Benefits Schedule (SABS).  The government has specific measurements when it comes to the diagnosis of traumatic brain injuries in children, so it is important to keep copies of all medical documents to share with the brain injuries lawyer.

Sports and Recreational Accidents

According to the Canadian Institute for Health Information, the highest incidence of brain injuries amongst children results from hockey.  This is followed by skiing or snowboarding, cycling, and contact sports such as football or soccer. When a parent or guardian permits a child to participate in a sports or recreational activity, there could be an assumption of risk. However, if negligence is a factor in the causing of brain injuries, the brain injuries lawyer could pursue a claim.

Physical Assault

Should the child acquire brain injuries through an assault within the province of Ontario, a lawyer could seek compensation through the Criminal Injuries Compensation Board. Should the parent or guardian wish to sue the individual who committed the assault, consultation with a lawyer is imperative to whether this form of legal recourse is achievable.

Time Is of the Essence

When a child or young adult receives a brain injury, medical attention must be instantly sought. While this time is fraught with fear and emotion, it is recommended that a brain injuries lawyer also be consulted as soon as possible. That is because claims, such as in a car accident, must be made to the insurance company within days. Those who might already be stressed with thoughts of how to pay for a child’s care and recuperation can have one less worry as a brain injuries lawyer will work on a contingency basis.