Fredericton Traumatic Brain Injury Lawyers

The brain is the most complicated and least understood organ in the body. It is also potentially the worst to have injured, because an injury that affects how the brain works sometimes keeps it from being able to address what happened. Medical appointments, treatment, legal action, and regular life can make an injury to the brain too much for one person to address. Our firm knows this and exists to help with the recovery and remedy process, getting compensation for injuries that may be a pivotal moment in life.

Traumatic brain injuries (TBI) can occur during any head injury or serious impact. Concussions are a common example of a traumatic brain injury, and can cause dizziness, headaches, memory loss, difficulty concentrating or difficulty processing stimuli. Other forms of head trauma or brain damage can have severe or devastating effects. 

The legal team at NOVA Injury Law work to help people in Fredericton not only navigate the claim process, but to also find their recovery path forward. We are experts in compiling medical evidence and advocating for proper rehabilitative treatment, whether it is at facilities like the DECH, or at personal therapy offices. Having experienced legal representation is important for your claim to not only be successful, but to get the most compensation possible. Trusting us with your case allows you to focus on getting better, adapting to your new situation, or living your life. 

The Range of Traumatic Brain Injuries 

Traumatic brain injuries represent a wide scale of severity. They can be temporary or permanent, mildly inconvenient or debilitating, stable or life-threatening. While the amount of compensation you can receive depends on the seriousness of the impact, eligibility only requires certain circumstances. Investigating whether you qualify is worthwhile as long as you have been meaningfully impacted in some way, as even a mild TBI can have significant impacts.

The degree of impact does not always relate to how quickly symptoms appear after the cause. It can take days or months for some injuries to become apparent. Some injuries will require time to accumulate effects, or may only become noticed in certain situations. A concussion could cause headaches or pain when in the presence of loud sounds or bright lights, but that may not arise until weeks after the accident. Being vigilant regarding new or worsening symptoms after an injury is vital to managing treatment and health. The diversity between individuals and the variety of accident circumstances is substantial, so the exact presentation and timeline of an injury will vary.  

The level of functionality loss a person experiences can vary greatly. Symptoms can include memory loss, difficulty with concentration or attention to detail, dizziness and vertigo, loss of motor control, even potentially a coma. Regardless of the degree of functional impairment, any amount of loss of function is worth a free consultation with one of our lawyers to determine the best way to address what has happened to you.

Head trauma can be open or closed. An example of a closed head injury would be a concussion, where your brain stays within your protective skull, but becomes injured regardless due to the forces applied. An open head injury would be where the skull becomes damaged, with your head being exposed to the outside. A penetrating brain injury, such as a foreign object becoming lodged within your head, or a skull fracture, would be examples of an open injury. It is important to remember not all injuries will be as visible, but that does not affect how dangerous and damaging they are.

Understanding common brain injuries can help give context for what might be happening after head trauma occurs: 

• A brain hemorrhage, or brain bleed, is a type of stroke that occurs when there is sudden bleeding in your brain tissue, or between your brain and your skull. Pupils of different sizes, loss of consciousness, headaches, vomiting, and slurred speech can also be indications. Quick hospitalization is important, and effects can continue even after treatment.
• Concussions result from the brain’s movement inside the skull. Symptoms are often temporary, but can be permanent, or have a long recovery process. Headaches, ringing in the ears, blurred vision, difficulty with concentration, sensory difficulties, and short-term forgetfulness can all be effects of a concussion.
• Diffuse axonal injury (DAI) is a severe type of traumatic brain injury. It is caused by the brain shifting, similar to concussions, but the brain’s nerve fibers themselves are torn or sheared. Comas, persistent impairment, loss of consciousness and disorientation/confusion are frequent outcomes. They are most commonly caused by motor vehicle collisions.

Common Causes of Brain Injury Cases

Traumatic brain injuries can occur in almost any situation, given that the only requirements are for you to be present, and a forceful impact to occur. However, a few settings are more common, and can give rise to a legal responsibility on the part of whoever has caused the damage.

Motor Vehicle Accidents

The speed of a moving vehicle means that car or truck accidents have enough force to cause dangerous head trauma when they occur. Since drivers are required to have insurance, and there are provisions for accidents involving uninsured drivers, personal injury claims during car accidents can often give the level of compensation befitting such a serious event.

Intentional Violence

If someone seeks to do harm against you, to wound you by gunshot, improvised weapon or otherwise, then they are generally responsible for any injuries that they inflict. In addition to pursuing criminal charges, a civil claim can be made against that person to address the wrongs done against you personally. An overly rowdy party at UNB leading to a fight, or an act of senseless hate, both can qualify. 

Negligence

If a person or entity has an obligation to not harm you or keep you safe, and they violate that obligation, leading to your injury, then they can be held accountable. This could be a parent failing to keep a young child safe from foreseeable danger, or a manufacturer creating a dangerous product without adequate warnings and safety checks.

Workplace Injuries

Workplaces have a responsibility to ensure safe working conditions for their employees. If injured during the course of your employment, in most cases you are entitled to claim benefits under the Workers Compensation Program, including medical aid, rehabilitation costs, lost wages, lost future earning capacity and other benefits.

Medical and Emotional Impact of TBIs

Traumatic brain injuries can cause emotional trauma, pain and suffering that goes beyond the initial incident. Changes in cognition and ability to communicate, your own thoughts and feelings working differently than they did before, can be terrifying. The pressure that a traumatic injury can place on your loved ones, trying their best to support even as behaviours and capabilities change. The uncertainty of recovery is difficult, requiring rehabilitation, physical and mental therapy in the hopes of improvement. Permanent disability may be an outcome. The potential loss of income compounds many problems, such as expensive treatment methods, and getting long term disability requires extra documentation from doctors and effort towards the application process.

Navigating complex medical and legal issues on your own while injured, let alone while trying to live life, can be incredibly challenging. This should highlight how important it is to seek assistance, professional and otherwise, wherever possible during the recovery process. Notify medical professionals of any changes to your condition. Lean on social support to aid in recovery. And allow the trained personal injury lawyers at NOVA to assist in filing your claims and seeking disability benefits.

Legal Process and Pursuing Compensation

There are several steps between an injury occurring, and receiving payment for the injury, with details depending heavily on your unique situation. 

After an incident occurs, claims need to be filed showing that you are seeking to be compensated for what has been done to you. That may be through an insurance claim, a Canada Pension Plan disability claim, or by starting a lawsuit. Each has their own timelines, but best advice is to start the process as soon as possible. This includes not only filing the paperwork and potentially hiring legal counsel, but also making sure to collect evidence of what has happened and how it has impacted you. To be successful in a claim, you will need to prove that there has been damage done to you. Pictures from the scene of the accident, medical records of diagnoses and treatments, even journals of your experiences after the incident can help show the impact. 

After insurance companies have been notified, there will be a set period in which to file your claim. Always check your specific policy for dates and details. Once the claim has been made, information about the injury and treatment will be collected, then you or your legal representation will negotiate with the insurance company to determine the level of compensation.

In New Brunswick, lawsuits usually require making a formal statement of claim within two years of discovering that the accident happened, with extra time granted for minors and those not in a position to advance a claim, such as those in a coma. Individuals or companies may be willing to negotiate a settlement before trial starts, but there is no guarantee of that occurring. The case may proceed to trial, often taking years before it is fully resolved with significant costs. At NOVA Injury Law, you don’t need to pay fee after fee while your case is ongoing, as we only charge you if and when we win your case.

Call Our Fredericton TBI Lawyers Today

The legal team at NOVA Injury Law are experienced with assisting in cases of traumatic brain injury, in addition to a wide variety of other personal injury claims. Our dedicated legal team will assist in building your case, gathering documentation, negotiating on your behalf and representing you in court. 

We strive to give you as much control as possible in the process. You will have the final say on whether or not to accept an offer, or proceed to trial, with us giving advice at every stage of the proceeding. Your case consultation is completely free of charge, and our payment is contingent on our successfully getting you compensation for your injuries. Starting the process as soon as possible improves your odds of a timely and successful resolution, and securing skilled legal expertise helps streamline every step that follows.

Allow our Fredericton traumatic brain injury lawyers to help in your recovery process. We will handle the legal hurdles, while you focus on your recovery.