When a driver/passenger sustains a mild traumatic brain injury after a car accident in Ottawa, Kingston or Whitby, Ontario, the mild traumatic brain injury may not be diagnosed immediately. Some symptoms of a mild traumatic brain injury may be associated with whiplash or shock, and some symptoms of a mild traumatic brain injury do not surface until the injured individual goes back to performing his daily activities, such as work.
Consider the following situation: A driver is t-boned by a driver who runs a red light at an intersection. The driver is in shock after he is hit and is a bit confused. He feels pain in his neck and back. He is taken to a hospital to be treated. X-rays of his neck and back do not show any herniated or bulging discs. He reports that he hit his head hard on the side window and a CAT scan is performed. However, the CAT scan does not show any damage to the brain. The driver is prescribed pain medication and discharged from the hospital.
After he returns home, the driver continues to have headaches, but thinks that it is just pain associated with the whiplash. He calls his car insurance company to report a claim. Under Ontario car accident and insurance law, he is entitled to receive statutory accident benefits such as medical and rehabilitation benefits for the medical treatment he needs as a result of the car accident, and also income replacement benefits if he cannot work as a result of the accident.
The insurance company will place the driver in one of 3 injury categories, which will determine the amount of medical and rehabilitation benefits he can receive:
Because the driver was discharged with whiplash and headaches, his car insurance company places him in the MIG category, which only provides $3,500 in benefits.
When the driver returns to work, he suddenly discovers that he has difficulty doing his job. He has difficulty concentrating and remembering things. He is also often fatigued and has difficulty retrieving the right words in a sentence. As it turns out, he has a mild traumatic brain injury, and the medical treatment he needs will exceed the $3,500 in benefits his car insurance company may provide.
In this case, the driver does not belong in the MIG category; he should be in the non-CAT group where he can receive up to $50,000 in medical and rehabilitation benefits.
However, because he is placed in the MIG category, the process of moving him to the non-CAT group may be difficult, and his request may be denied.
In cases like this, it is important to talk to an Ontario car accident lawyer, who has helped other injured car accident victims with mild traumatic brain injuries, to pull the driver out of the MIG category.
If you suspect that you suffered a mild traumatic brain injury after a motor vehicle accident and were placed in the minor injury group, the lawyers at Bergeron Clifford can help. The car accident lawyers at Bergeron Clifford have helped many car accident victims and will help you obtain the financial benefits and compensation you are entitled to. Call 1-866-384-5886 to schedule a FREE consultation.