Moncton TBI Lawyers Supporting Brain Injury Victims
Brain injuries can have devastating consequences for individuals, leading to a loss of bodily functions and cognitive abilities. In some cases, victims may not even regain consciousness after experiencing a traumatic blow to the head.
However, it’s important for victims and their families to understand that with the right support and an action-oriented approach, positive life changes can be made, even in the face of such losses.
Traumatic brain injuries can have varying degrees of severity, and it’s essential to seek legal advice to determine if there is a legal case that can be pursued. By doing so, victims and their families can potentially secure compensation to cover the significant medical expenses, long-term care, and other financial losses associated with such injuries.
Additionally, studies have shown that early intervention and treatment for traumatic brain injuries can lead to improved outcomes, highlighting the critical importance of seeking prompt medical attention and legal guidance in such cases.
With our in-depth knowledge of brain injury law and our commitment to our clients, you can trust that you’re in good hands. At NOVA Injury Law, we understand that it is not all about compensation – we also care deeply about your well-being and your future. That’s why we work closely with neurosurgeons and traumatic brain injury specialists to ensure our clients receive the best possible care and support throughout their recovery.
Adding to our experience, we have a practicing emergency room physician with special training in occupational medicine consulting on all of our cases, as required. Having this expertise built into our practice means two things:
- We have ready-made access to a doctor to provide advice on your injuries from the moment your Free Case Review starts, even if you or your loved one is still admitted and receiving treatment at The Moncton Hospital, or another health care site in the region.
- We have immediate access to brain injury specialists in New Brunswick and abroad; to help us build you a watertight compensation claim that accurately forecasts the care and rehabilitation required for you to live the fullest life possible despite your injury.
This is why we are one of the premier law firms in Atlantic Canada. From the moment you talk with us about your needs, you have immediate access to medical support and advice. It also gives our lawyers the greenlight to build medically-backed watertight compensation claims in a way no other personal injury law firm can. And with our no-win, no-fee arrangements, you get all of this for free until we win your case.
Expert medical opinion evidence is often a necessary and critical component of a trial judge’s assessment of damages in personal injury actions. A judge is entitled to rely on medical evidence to assist in determining the existence and extent of an injury, the cause of the injury, the prospects for recovery, and the impact of the injury on the plaintiff’s enjoyment of life, including his or her ability to earn income.”
Justice Abella, in the Supreme Court of Canada case Clements v. Clements, 2012 SCC 32.
What are the most common types of brain injuries?
There are many types of brain injuries including:
- Concussion: A concussion is a mild traumatic brain injury that usually occurs as a result of a blow or jolt to the head. Symptoms of a concussion may include headache, dizziness, confusion, memory loss, and sensitivity to light and sound.
- Contusion: A contusion is a bruise on the brain that usually occurs as a result of a direct impact to the head. Symptoms of a contusion may include headache, dizziness, nausea, and weakness or numbness in the arms or legs.
- Traumatic brain injury (TBI): A TBI is a serious brain injury that usually occurs as a result of a severe blow or jolt to the head. Symptoms of a TBI may include loss of consciousness, confusion, memory loss, seizures, and mood changes.
- Anoxic brain injury: An anoxic brain injury occurs when the brain is deprived of oxygen. This may occur as a result of drowning, suffocation, or a heart attack. Symptoms of an anoxic brain injury may include memory loss, confusion, seizures, and coma.
- Stroke: A stroke occurs when the blood supply to the brain is interrupted. Symptoms of a stroke may include weakness or numbness on one side of the body, speech difficulties, and difficulty with balance or coordination.
- Brain hemorrhage: A brain hemorrhage occurs when there is bleeding in the brain. Symptoms of a brain hemorrhage may include headache, nausea, vomiting, seizures, and loss of consciousness.
These are just a few of the common types of brain injuries. The severity and long-term effects of a brain injury can vary widely, depending on the type and extent of the injury. It is important to seek medical attention as soon as possible if you suspect that you or someone else has suffered a brain injury.
How do brain injuries occur?
One thing is common to all types of brain injuries:
Even the most minor blow to the head can have catastrophic consequences. More common examples of how people suffer brain injuries include:
- Sporting accidents: Concussions and other types of brain injuries can occur during contact sports, such as football, soccer, hockey, and rugby. If a coach, referee, or other player is negligent in their duty to provide a safe playing environment, they may be held liable for any resulting brain injuries.
- Slip and falls: A slip and fall accident can cause a traumatic brain injury, particularly if the person hits their head on a hard surface. If the slip and fall was caused by someone else’s negligence, such as a property owner failing to fix a dangerous condition, they may be held liable for the resulting brain injury.
- Medical malpractice: Brain injuries can also occur due to medical malpractice, such as surgical errors, anesthesia errors, or improper medication management. If a healthcare provider is negligent in their duty to provide safe and effective care, they may be held liable for any resulting brain injuries.
- Car accidents: Motor vehicle accidents are a common cause of brain injuries, but they can occur due to someone else’s negligence. For example, a pedestrian or cyclist who is hit by a car may suffer a traumatic brain injury due to the driver’s negligence in failing to yield or obey traffic signals.
- Workplace accidents: Jobs that involve physical labour or working with heavy machinery can be dangerous, and a workplace accident can result in a brain injury. If the employer is negligent in providing a safe work environment or proper training, they may be held liable for any resulting brain injuries.
- Defective products: Defective products, such as faulty car parts or dangerous children’s toys, can cause brain injuries if they malfunction or break. If the manufacturer or distributor is found to be negligent in their duty to provide safe products, they may be held liable for any resulting brain injuries.
- Assault: Acts of violence, such as assault and battery, can result in traumatic brain injuries. If the perpetrator is found guilty of the crime, they may be held liable for any resulting brain injuries and required to compensate the victim for their damages.
Other examples include:
- Dog bites: A dog bite can cause severe head injuries if the victim falls and hits their head or if the dog shakes them violently. If the dog owner is negligent in controlling their animal or fails to take reasonable precautions to prevent a dog bite, they may be held liable for any resulting brain injuries.
- Exposure to toxins: Exposure to toxic chemicals or substances can cause brain injuries, such as lead poisoning or carbon monoxide poisoning. If the exposure occurs due to someone else’s negligence, such as a landlord failing to address a mold problem, they may be held liable for any resulting brain injuries.
- Swimming pool accidents: Drowning or near-drowning incidents in swimming pools can result in brain injuries due to lack of oxygen to the brain. If the pool owner or operator is negligent in maintaining a safe swimming environment or fails to provide proper supervision, they may be held liable for any resulting brain injuries.
What is the process for determining whether you have a claim for you or your loved ones’ brain injury in New Brunswick?
NOVA Injury Law offers a Free Case Review, giving families the chance to consult with an experienced brain injury lawyer free of charge. This gives families a chance to consult with a lawyer to discuss whether an injured person has any legal recourse available to them. Things we consider:
- Symptoms: Common symptoms of mild brain injuries can include headaches, dizziness, confusion, memory loss, mood changes, and difficulty concentrating. Depending on the cause of your injury, documenting the symptoms you are noticing and when you started to notice them will help us assess the potential for you to bring a claim.
- Medical records: We review the individual’s medical records to determine whether they have been diagnosed with a brain injury. This may include reviewing imaging tests, such as CT scans or MRIs, and consulting with medical experts to determine the extent of the injury.
- Accident circumstances: We evaluate the circumstances of the accident that caused the injury to determine whether it was caused by someone else’s negligence or intentional act. This may include reviewing police reports, witness statements, and other evidence related to the accident.
- Impact on daily life: We evaluate how the injury has impacted your daily life. Even mild brain injuries can cause significant disruptions to a person’s ability to work, socialize, and engage in other activities. We also look at the impact on the victim’s quality of life, including their ability to care for themselves and their family.
- Potential long-term effects: We consider the potential long-term effects of the injury. Even a mild brain injury can have long-term consequences, including increased risk of future injuries and ongoing cognitive impairments. We work with medical experts in lock step to evaluate an injured person’s long-term prognosis and to estimate the future costs of treatment and care.
If you’ve experienced trauma to the head, you may be suffering from concussion or post-concussion syndrome
Concussions are common for those who have suffered head injuries in Moncton, New Brunswick. Often resulting from slips and falls and sporting accidents, concussions are known as mild traumatic brain injuries. Not to be taken lightly, they can affect your memory and concentration, leading to mood swings and personality changes, headaches, dizziness, nauseousness, and insomnia.
While victims of head injuries may experience concussion symptoms right away, symptoms can also become present long after the injury. This is known as post-concussion syndrome, and it happens when victims experience ongoing effects following the injury. These symptoms could last weeks or even months, and are usually presented as headaches, dizziness, or problems with concentration and memory.
If you have sustained a traumatic head injury, it is important to seek medical attention right away. We can also help you to get access to brain injury support groups and providers in New Brunswick.
How will NOVA Injury Law pursue a compensation claim for a brain injury suffered by you or someone close to you?
After a victim or their family has received a Free Case Review, they are best placed to make an informed decision about what to do next.
If a decision is made to pursue the matter, NOVA Injury Law will not charge a legal fee until a settlement is reached. That’s because we don’t believe that clients should have to take on financial burden in their pursuit of justice.
Once we get to work we may pursue the matter in a number of avenues including negotiation, mediation and even at trial through the courts. Unfortunately, brain injury claims can take years to resolve so it’s important that you have a trusted professional to guide you through the process.
What sets NOVA Injury law apart from other personal injury lawyers?
By relying on our extensive experience in brain injury law, we know what to look for and who to talk to. We consult with our medical experts to evaluate the circumstances of the case. For example, if the brain injury is sustained in an accident, we will seek out the opinion of a collision forensics expert. Our team also works closely with specialists like neurologists and occupational therapists who perform cognitive testing, and likewise psychiatrists and therapists trained in brain injury treatment.
We do not stop until we have a complete case that establishes the true cause and extent of the injury to give our clients the best chance at receiving a settlement large enough to restore dignity so that they can live their life to its fullest.
This also means that our lawyers will work with the family members, caregivers, and other representatives to ensure that negotiations, interviews and legal proceedings are conducted in a respectful manner.
While the process is complex and challenging, having NOVA Injury Law in your corner can assist you move past the trauma and hurt and onwards to a place of acceptance where feelings of anger and blame do not become all consuming.
How does NOVA Injury Law MAXIMIZE a compensation claim for someone with a brain injury in Moncton, New Brunswick?
First we establish the quantum of damages in each of the following areas, before advocating for payment in each:
- Compensation for medical expenses: entitlements related to the brain injury, including hospitalization, surgeries, rehabilitation, and ongoing care.
- Pain and suffering damages: usually monetary entitlements for the actual physical pain and emotional suffering sustained.
- Long-term care: entitlements for the person’s ongoing care needs such as showering, standing and going to the toilet.
- Counseling and therapy: entitlements to help the victim to cope with the emotional effects of their brain injury.
- Compensation for lost income: entitlements related to the victims’ inability to work due to their brain injury, including lost income and future earning capacity. This can also include payments for vocational training for persons who are unable to return to their previous employment and require new skills to re-enter the workforce.
- Modifications to living arrangements: entitlements for home and vehicular modifications to support a person with disability as a result of their brain injury access their home surroundings more freely.
- Assistive devices: entitlements for things such as mobility aids or communication devices supporting the persons’ ability to function independently.
NOVA Injury Law will help secure fair compensation for you
Depending on the circumstances of your case, the other party may seek to limit their liability. For example, an insurance agency will always try to minimize the extent of the injury or argue that the injury was not caused by the accident in question. Friends and family of the victim may try to discourage an injured person from seeking compensation, either because they believe it will be too stressful or because they believe it is unnecessary.
However, seeking compensation is a critical step in recovery, justice and paving a new positive life. With contingency fee arrangements, Free Case Review and reliable experienced lawyers who work hand in glove with medical professionals on a daily basis, talking to NOVA Injury Law is guaranteed to be one of your best life decisions.
If you have suffered a brain injury in New Brunswick, it’s important you act now.
A key aspect of brain injuries is that their symptoms are often delayed or at least not immediately apparent. It can take days or even weeks for symptoms to fully manifest, which means that victims may not realize the full extent of their injuries right away. NOVA Injury Law can help brain injury victims get timely access to cognitive testing to determine the nature and extent of the brain injury.
This is part of the reason that NOVA Injury Law is a leading personal injury law firm in Moncton, NB and a key reason why NOVA Injury Law continues to win compensation claims for those who have suffered from brain injuries.
Our brain injury lawyers are also part of the community in Moncton – so we can work with professionals, community groups and volunteers all over the city to get you the support you need.
We’ve won countless compensation claims simply by appreciating the importance of each case to victims and their families. We treat each client with respect and care, understanding that the unique aspects of their life and injury are worth fighting for. Ultimately these are the things we keep close to our hearts when we argue tooth and nail for the highest possible settlement.
If you believe you or someone close to you is suffering from a brain injury, contact NOVA Injury Law so we can schedule a no obligation, Free Case Review. We will be by your side no matter what. Remember our contingency fee agreements mean you don’t pay a cent in legal fees unless we get you a settlement out. Don’t prolong your suffering, contact us today. Our team is available 24/7 to support you, and we can be reached at 1-800-262-8104 or by emailing Jeff Mitchell at jeff@novainjurylaw.com