Laws Governing Brain Injury in Toronto

Almost 100,000 Americans sustain serious brain injuries every year, the numbers in Canada are also very high. These injuries require medical attention and often impair their ability to work and perform other activities. Brain injury can occur even if you are not traveling fast, and even if you do not hit a hard object. Falls, car accidents, sports, and workplace accidents can all result in brain injury. Any head or neck trauma can result in bruising, bleeding, tearing, or swelling of the brain. 

Open and Closed Brain Injuries 

There are two kinds of brain injury—open and closed. An “open injury” is one in which the skull has fractured. This type of injury is usually sustained from a fall or when the brain collides with a hard object or surface. A closed head injury does not include a fracture; it may, instead, involve brain swelling or blood clotting. It can be as serious or more serious than a fracture. Either type of brain injury can result in paralysis, coma, or death. 

The Warning Signs of Serious Brain Injury 

When there is no evident, external sign of damage, it can be difficult to know whether you or a loved one has suffered a brain injury as a result of an accident. The following signs point to potential brain injury: 

• Weakness or numbness that affects one side of the body

• Bad headache

• Dizziness and nausea.

• Fatigue or sluggishness for which there is no obvious explanation

• Memory impairment, especially the inability to remember recent events, and confusion

If any of the above-mentioned symptoms occur soon after the accident or injury, you should see a doctor. In some cases, people with brain injury feel fine. Some victims of brain injury have been able to leave their cars and direct traffic away from the accident scene. So, if you have any reason to believe that brain injury has occurred, you should go to the nearest hospital for medical assessment. 

The Head Injuries section of the United States National Institutes of Health Medline Plus portal provides more information on brain injury and the warning signs. 

Common Brain Injuries 

Bruising--Car accidents, falls, and sports injuries commonly lead to brain bruising. The blow incurred pushes the brain back and forth which results in bruising in some places and bleeding in others. 

Tearing--A collision can cause the brain to tear, causing small fissures that compromise the nervous system. Depending on which area of the brain is impacted, this tearing can seriously impair bodily functions. 

Swelling--Swelling usually accompanies either of the above described traumas. Swelling is the body’s natural healing mechanism, but there is no room in the skull for the brain to migrate. Such swelling often causes intra-cranial pressure which can be fatal or cause severe disability. 

Medical Evaluation of Serious Brain Injuries 

Victims of brain injury may need financial help to obtain medical treatment and get on with their lives. An official medical evaluation of the injury and its extent can greatly affect any compensation the victim receives. Medical evaluations typically look at: 

• Whether the injured person will be able to continue working

• Whether the injured person will be able to live independently

• What kind of physical therapy will prove most beneficial

• The victim’s eligibility for protection from discrimination

• Different types of compensation to which the victim may be entitled

These medical evaluations should consider any significant changes the victim will undergo during hospitalization and upon his or her return to home and community. An interdisciplinary approach and coordinated care are recommended for the rehabilitation of brain injury patients. 

Legal Claims Pursuant to Brain Injuries 

If you f or a loved one has sustained a brain injury, and you think someone else may be responsible, you may be entitled to legal compensation for your loss. In prosecuting your claim, your personal injury lawyer in Toronto will seek to demonstrate that your injury resulted either from a product defect or from the negligence of someone who owed you a reasonable degree of care under the law and yet failed to exercise that care.