Head Injuries Claims Require Lawyer Experience

Brain Injuries Pose Challenges for Damage Claims

Head injuries post unique challenges for lawyers whose practices focus on personal injury claims. The causes of head injuries are numerous and can include slip and falls, interpersonal violence, sports and recreational mishaps and – most commonly – vehicle accidents, including bike-car collisions. Medical assessments are sometimes difficult to obtain as you need referrals or specialists that may have long waiting lists.


Another difficulty with head injury claims is that the damage is often not "visible”. Unlike fractures, there may be no outward evidence that damage has occurred. But inside the skull, the brain can bleed, swell and even shut down. In its most severe form, such conditions can result in Traumatic Brain Injury (TBI).


The result is an impaired ability to think, do and know. Attention span can be diminished, as well as memory and mood. Personality changes can occur over time. And therein lies another of the difficulties head injuries pose for personal injury claims – often the extent of the injury is not apparent because it takes time to fully manifest itself.


The Importance of a Personal Injury Lawyer

It is important to consult a personal injury lawyer about options following a head injury. An experienced lawyer can quickly determine if a claim is warranted. If it is, the lawyer sets up medical assessments with professionals and begins preparing the claim.


The lawyer will also ensure that the various steps in the claims process are met within the legislated limitation periods. Very few personal injury cases actually go to trial; an experienced lawyer will be prepared for that eventuality but will also work hard to negotiate a settlement before a trial becomes necessary.


The claims process needn’t put you at risk financially. Many personal injury lawyers work on a contingency fee basis. Under that arrangement, they are paid a pre-negotiated percentage of your final settlement. Additionally, some lawyers will actually fund the progress of your case, to ensure that there is no danger of money concerns forcing you into a premature settlement that is less than warranted.

How to Find a Lawyer

The practice of law is complex and it is essential to get a lawyer with experience in personal injury cases to represent you. That is easier said than done, especially if you or a loved one are coping with a brain injury. Here are a few steps you can take.

  • Word-of-mouth can be one reliable method – but the odds of knowing someone who has gone through a similar situation may be slim.
  • The Law Society of Upper Canada can also recommend a lawyer in your area who will give you a free half hour consultation, which will give you an idea of the possible success of a claim.
  • Many personal injury lawyers advertise, in print media, television and online. Spend some time researching their websites.  A good personal injury firm will have an informative site. Some websites also have a great deal of blog information, with articles on various aspects of personal injury law. A law firm that is taking you seriously with its website is going to also take you seriously as a client. Look also for biographical information on its staff, with special attention paid to the experience of its lawyers in dealing with head injuries.

Head injuries cases should always be dealt with a personal injury lawyer. They have the knowledge and background to review your case and advise you how to proceed. Contact a local head injuries lawyer to have your case reviewed and get the compensation you deserve.