At Bergeron Clifford, we understand the profound impact that brain injuries and concussions can have on individuals and their families, and we are dedicated to providing the legal support and guidance needed to seek justice and fair compensation.
Our team of experienced and compassionate lawyers is well-versed in personal injury law, specifically in cases involving brain injuries and concussions. We are committed to providing personalized and empathetic legal services to our clients, ensuring that their unique needs and circumstances are taken into account throughout the legal process.
Brain injuries and concussions can occur in various situations, often resulting from accidents or traumatic events. It is important to be aware of the common causes to understand the potential risks and take appropriate precautions. Some of the primary causes of brain injuries and concussions include:
Motor vehicle accidents, depending on the severity of the impact, can cause serious injuries. Car accidents, motorcycle accidents, and pedestrian accidents can result in severe head injuries, potentially leading to brain injuries due to the force of a collision or sudden stop that can cause the brain to jolt within the skull.1 With numerous highways throughout Ottawa, including the Queensway, 416, and 174, along with busy streets and intersections, like Hunt Club Road at Riverside Drive and Catherine Street at Kent Street, it is paramount to stay cautious and aware of your surroundings when travelling throughout the city.
Slip and fall accidents can also result in brain injuries and concussions. When an individual falls, and their head strikes a hard surface, such as the ground or a solid object, the impact can lead to severe head trauma. These accidents can occur in various settings due to causes such as slippery floors, uneven surfaces, or inadequate safety measures. According to Ottawa Public Health, falls represented approximately 38% of concussion-related emergency room visits from 2003 to 2018.
Contact sports like football, hockey, and soccer, and solo sports like skiing or skateboarding, carry an inherent risk of head trauma. The physical nature of these sports and the potential for collisions, falls, or impacts increase the likelihood of brain injuries and concussions. Brain Injury Canada notes that sports-related concussions pose significant challenges in terms of diagnosis, assessment, and management.2 With the heightened focus on Rowan’s Law and safety around sports, the Ottawa Sports Council has released a Concussion Awareness document outlining facts and details to educate about the symptoms and other problems associated with this type of injury.
Certain professions, such as construction or manufacturing, may expose workers to hazardous conditions that increase the likelihood of brain injuries or concussions. Falls from heights, being struck by falling objects, or accidents with heavy machinery can all result in serious head injuries. Employers have a responsibility to provide a safe working environment, implement safety protocols, and ensure that employees have access to proper protective equipment to minimize the risk of brain injuries. Key findings from this study highlighted that up to 80% of workplace incidents and injuries were preventable.
Brain injuries and concussions can have lasting consequences on an individual’s physical, cognitive, and emotional well-being. Some potential long-term effects of brain injuries include:
Traumatic brain injuries (TBIs) differ from other brain injuries primarily in their cause and nature. TBIs occur as a result of external trauma, such as a blow or impact to the head, whereas other brain injuries can stem from non-traumatic causes like strokes, tumours, or infections.
In terms of their effects, TBIs often lead to more immediate and observable symptoms due to the sudden disruption of brain function. These symptoms can include loss of consciousness, confusion, and memory problems.5
Furthermore, TBIs are often categorized by severity, ranging from mild concussions to severe injuries with potential long-term consequences.
At Bergeron Clifford, our team is dedicated to helping individuals and their families navigate the legal complexities and seek the compensation they deserve. Here’s how we can assist you:
If you or a loved one has suffered a brain injury or concussion, it is important to start by seeking appropriate medical care as a first step. From there, we recommend that you seek legal assistance from our firm promptly. Our compassionate and knowledgeable team is here to support you through this challenging time, including the next steps as they relate to your recovery and claim. We take a compassionate and personalized approach to each case we take, no matter the client or circumstances of their injury. Contact us today to schedule a free consultation.
In situations where your loved one has sustained a brain injury or concussion that renders them incapable of making decisions regarding legal matters, it may be necessary for you to assume the role of their litigation guardian. As their guardian, you can initiate a personal injury claim on their behalf to seek the fair compensation they deserve for their injuries.
To navigate this complex process successfully, we highly recommend seeking the counsel of our team. Our knowledgeable attorneys can provide you with invaluable guidance, explaining the legal intricacies involved in pursuing a claim and ensuring that your loved one’s best interests are safeguarded throughout the entire process.
Additionally, your lawyer can advise you on the appropriate legal framework for representing your loved one, whether it involves obtaining power of attorney, seeking guardianship, or acting as a legal representative through other means. We will help you navigate the legal requirements and procedures involved, ensuring that your loved one’s rights are protected.
In a brain injury or concussion case, gathering and presenting the right evidence is crucial for establishing the severity and impact of the injury, as well as proving liability and seeking appropriate compensation. At Bergeron Clifford, our lawyers will provide sound advice and support in gathering this evidence. Here are some key types of authentications that are important in such cases:
Expert Opinions: Expert opinions from qualified medical professionals and specialists in the field of brain injuries can carry considerable weight in a case. These experts can review the medical records, diagnostic tests, and other evidence and provide professional assessments regarding the cause, nature, and long-term effects of the brain injury. Their opinions can help establish the link between the injury and the accident, determine the extent of the damages, and provide insights into the injured person’s future medical needs and potential disability.
The duration of head injury claims can vary depending on various factors, such as the complexity of the case, the severity of the injury, and the legal processes involved. It is challenging to provide an exact timeframe as each case is unique, but generally, head injury claims can take several months to several years to resolve.
The initial investigation and gathering of evidence can take a significant amount of time, as it involves obtaining medical records, accident reports, witness statements, and expert opinions. This process is essential for building a strong case and establishing the link between the accident and the head injury.
After the evidence is gathered, the legal proceedings begin, which can include negotiations with insurance companies, filing a lawsuit if necessary, and potentially going through the court system. These stages can also add to the overall timeline of the case.
Additionally, factors such as the availability of medical professionals, the cooperation of involved parties, and the backlog of court cases in your jurisdiction can impact the duration of the claim.
It’s important to remember that the primary goal is to ensure a fair and just resolution for you or your loved one’s injuries. While it can be a lengthy process, working with our team can help navigate the legal system with ease and potentially expedite the proceedings when possible.
1 Dischinger, P., K. Read, T. Kerns, S. Ho, J. Kufera, C. Burch, N. Jawed, A. Burgess, and F. Bents. 2003. “Causes and Outcomes of Mild Traumatic Brain Injury: An Analysis of Ciren Data.” Annual Proceedings / Association for the Advancement of Automotive Medicine 47: 577–89. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217580/.
2 Rachel. 2023. “Statistics – Brain Injury Canada.” March 21, 2023. https://braininjurycanada.ca/en/statistics/#TBI..
3 Karissa. 2020. “Effects of Brain Injury | Brain Injury Canada.” Braininjurycanada.ca. September 29, 2020. https://braininjurycanada.ca/en/caregiver/effects-brain-injury.
4 Chen, Amy, Ksenia Bushmeneva, Brandon Zagorski, Angela Colantonio, Daria Parsons, and Walter P Wodchis. 2012. “Direct Cost Associated with Acquired Brain Injury in Ontario.” BMC Neurology 12 (1). https://doi.org/10.1186/1471-2377-12-76.
5 Blennow, Kaj, David L. Brody, Patrick M. Kochanek, Harvey Levin, Ann McKee, Gerard M. Ribbers, Kristine Yaffe, and Henrik Zetterberg. “Traumatic brain injuries.” Nature reviews Disease primers 2, no. 1 (2016): 1-19.
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