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Consult With A Lawyer After A Head Or Brain Injury Accident
The Brain Injury Association of Canada reports that about 160,000 Canadians sustain a brain injury each year, approximately half of which result from motor vehicle accidents or falls.
If you suspect that you or a loved one have acquired a head or brain injury from an accident, then you will want to consult with a personal injury lawyer, who can arrange for a medical assessment. If the injury was caused by the negligence of another person, then a Vancouver personal injury lawyer can help you obtain financial compensation.
Brain Injury Symptoms
Often, the victim of a brain injury accident will experience symtoms, such as:
- Loss of Consciousness
- Balance problems or dizziness
- Double or fuzzy vision
- Sensitivity to light or noise
- Feeling sluggish/tired
- Feeing unusually irritable
- Concentration or memory problems
- Slowed reaction time
Sometimes symptoms do not appear immediately, but can take days or weeks to appear. Thereafter, the effects can be major, long lasting or even permanent, impacting your personal relationships and your ability to earn your income potential. Work with a psychologist or occupational therapist is often beneficial. Left untreated, however, damage to the brain may not recover and the injury can actually worsen.
Proving the Brain Injury
It can be difficult to prove a brain injury in a personal injury claim as not all brain injuries are objectively measurable. An MRI may not show anything when a person may other be impacted in many aspects of his or her life. Also, a person with a brain injury can present as perfectly intelligent and articulate, when brain injury symptoms are troubling him or her.
Often, proving a brain injury case requires the involvement of a number of experts and treatment providers, including neurologists, neuropsychologists, occupational therapists and other medical professionals. The records of the ambulance personnel who first observed the patient or the emergency room doctor who conducted an initial assessment may be of assistance in proving the claim.
When a neurologist, neuropsychologist, or psychologist conducts a brain injury assessment, the doctor will ask details about the accident and check for physical signs of brain injury, including by checking your reflexes, sensation, coordination, balance and strength. Your doctor may request a CT scan, spect scan or MRI. Questions may also be asked that test your attention span, memory and problem-solving ability in order to compile information for an medical report.
A Brain Injury Case Example
Sometimes a brain injury will not be immediately evident, but compensation can still be claimed, even if the injury is considered mild. In Mayer v. Umabao, 2016 BCSC 506, a collision occurred between two vehicles that existed parking lots to head in opposite directions. The plaintiff, Mr. Mayer, did not remember whether he hit his head or not, but said in the weeks following the accident that everything continue to hurt and he felt dizzy and unsteady. An issue of great controversy was whether he suffered a traumatic brain injury.
The family doctor had a long discussion with Mr. Mayer about his frustrations and how it was affecting his ability to do his job and work around the house, including his low back pain and vertigo, which made him frustrated and depressed. Mr. Mayer was referred to neuropsychologist Dr. Krywaniuk who stated: “Research has shown that TBI/concussions often do not show up on MRI scans, which was potentially the case for Mr. Mayer.” Justice Young found, on the basis of expert evidence and Dr. Krywaniuk’s evidence, that Mr. Mayer did suffer some trauma to the left side of his head resulting in symptoms of a mild traumatic brain injury. Mr. Mayer was awarded $446,120.16 in damages.
An experienced Vancouver personal injury lawyer will know how to marshal the appropriate experts and evidence to prove a head or brain injury in a personal injury claim. In representing you, our Vancouver lawyers will make every reasonable effort to advance your legal interests in order to ensure you are fairly compensated for your accident injuries.
Contact Paine Edmonds LLP For A Head Or Brain Injury Lawyer in Vancouver
If you have suffered a head or brain injury as a result of a motor vehicle accident or slip and fall, you may find it beneficial to consult with one of our personal injury lawyers. An ICBC lawyer in Vancouver is not on your side in an ICBC car accident case, but we can advise you with respect to your legal rights and entitlement to compensation. Contact us for your free consultation at 604-683-1211.