There are many factors involving a traumatic brain injury (TBI). If you plan on seeking compensation for your injury, it’s best that you hire a lawyer who has experience with brain injury cases. In order to get compensation, it must be proven that the injury was caused by the negligence of another person. TBI can vary from moderate to severe and lead to future problems, such as memory loss, personality changes, and depression. Persons with a TBI often cannot sustain their employment, require medical assistance, which can lead to financial problems.
Question: Finding Out How Much Your Claim is Worth?
The amount of money your claim is worth depends on numerous factors, including the financial impact of the injury, the seriousness of the injury, and your ability to work in the future. In 1978, the Supreme Court of Canada set a maximum amount of money that can be awarded for general damages, and that is approximately $350,000. You might end up with less, depending on the seriousness of your TBI. General damage covers loss of enjoyment of life as well as pain and suffering.
There is also a compensation category for special damages, which includes more specified damages that you have sustained. A lawyer who specializes in this kind of personal injury from Clarke Law will help you to better understand compensation categories.
Question: Other Factors?
There are other factors to consider as well, such as the insurance adjuster and the possibility of a settlement. It is possible that your case can be resolved through an early settlement. While you might not get as much money, you might be spared from a lot of stress in the long run from not having to go to court.
If your case does end up going to trial, there will be an evidence gathering process. You and your legal team will have to prove that the other party is responsible for your TBI, and that you have experienced pain, suffering, and financial loss as a result. If your injury requires long term care, you might be able to receive compensation for future damages as well. Be prepared to gather all of the evidence, including medical records and doctors’ statements. Keep in mind that the other party will also seek evidence against you.
If you can prove your case, you might be able to receive compensation for any or all of the following:
- Loss of employment and income
- Loss of living expenses for not only yourself, but your family
- Travel bills to and from the hospital or rehabilitation center
- Hospital bills that your insurance won’t cover
- Emotional distress
The laws concerning a brain injury may seem complex and intimidating, but if you feel that you deserve compensation, you should consult with a lawyer with relevant expertise and experience to find out if you have a good case.