Brain injury lawyers help people pursue compensation after accidents that result in traumatic brain injuries (TBIs). At Auger Hollingsworth Accident & Injury Lawyers, we represent people facing concussion symptoms, cognitive difficulties, and lasting disabilities. Our Hamilton personal injury lawyers investigate what happened, pursue compensation, and handle claims with insurance companies while you focus on recovery.
Each client receives advice based on their medical evidence, circumstances and goals. We gather evidence that explains both visible injuries and less apparent limitations. When a fair resolution cannot be reached, we pursue litigation. As a top-rated firm in Hamilton, we bring extensive trial experience and thorough preparation to brain injury claims.
For compassionate legal support, contact Auger Hollingsworth Accident & Injury Lawyers.
Types of Brain Injuries
A TBI occurs when an external force damages the brain or disrupts its function. The injury may affect one area or several regions, and its consequences depend on the location and extent of the damage.
Common types of brain injuries include:
- Concussion
A concussion is a mild brain injury caused by a blow or jolt to the head or body. Symptoms may include headaches, dizziness, fatigue, memory problems and sensitivity to light. A person can have a concussion without losing consciousness.
- Contusion
Cerebral contusions, also called brain contusions, are bruises within brain tissue. They can involve bleeding and swelling after a direct impact or sudden movement of the brain inside the skull.
- Subdural Hemorrhage
A subdural hemorrhage involves bleeding between the brain’s surface and its outer protective covering. Blood can accumulate into a subdural hematoma and increase pressure on the brain.
These hemorrhages can be life-threatening. Emergency treatment and the resulting medical records help establish the injury’s severity.
- Penetrating Brain Injury
A penetrating brain injury occurs when an object passes through the skull and enters brain tissue. Skull fractures may accompany these injuries.
- Diffuse Injury
Diffuse axonal injuries involve damage to nerve fibres across multiple brain injuries. Rapid acceleration, deceleration, or rotation can cause this damage during motor vehicle crashes and other traumatic events.
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Common Causes of Brain Injuries
Brain injuries can result from traffic collisions, falls, sports incidents and acts of violence. We examine how the injury occurred and whether another person or organisation may be legally responsible.
Common causes of brain injuries may include:
- Motor Vehicle Accidents
Motor vehicle crashes can cause brain injuries through direct impact or sudden head movement. Drivers, passengers, cyclists and pedestrians may sustain a traumatic brain injury during a motor vehicle accident.
Car accident injuries can also include spinal cord injuries, fractures and psychological harm. We assess the combined effects when preparing your claim.
- Falls
A slip and fall on ice, wet flooring or uneven stairs can cause a serious head injury. A claim may involve a property occupier, maintenance contractor or another responsible party.
We review photographs, surveillance footage, incident reports and maintenance records. These materials can help establish whether an unsafe condition contributed to the fall.
- Contact Sports
Hockey, football, rugby and other contact sports can cause concussions and more serious brain injuries. A legal claim depends on the circumstances and the applicable duties of care.
We assess issues such as unsafe facilities, negligent supervision and conduct beyond the ordinary risks of the sport. Participation alone does not establish or eliminate liability.
- Assaults and Violence
An assault can cause brain injuries through blows to the head, violent movement, or falls. We assess potential civil claims against the person responsible and, where supported by evidence, other parties whose negligence contributed to the harm. We assess potential liability separately from any criminal proceedings.
- Birth Injuries
A birth injury can involve brain damage caused by trauma or oxygen deprivation around delivery. These cases require specialised medical evidence to determine the cause and whether negligence occurred.
Claims alleging negligent obstetric or neonatal care fall within medical malpractice. Our firm’s practice focuses on accident injuries and disability insurance disputes.
What Compensation Can You Claim for a Brain Injury?
Compensation depends on liability, medical evidence, insurance coverage and the losses caused by the injury. We assess immediate expenses and future needs before recommending a settlement.
A personal injury lawsuit may include claims for:
- Pain, suffering and loss of enjoyment of life.
- Lost income and reduced earning capacity.
- Treatment and rehabilitation expenses.
- Future care, supervision and attendant care.
- Housekeeping assistance and home modifications.
- Related travel and other out-of-pocket expenses.
- Eligible family members’ losses under Ontario law.
After a motor vehicle collision, Statutory Accident Benefits (SABS) may be available regardless of fault. These benefits are separate from a civil claim against a responsible party and have their own eligibility rules and limits.
Ontario’s accident benefits coverage changed on July 1, 2026. Medical, rehabilitation and attendant care benefits remain mandatory, while other benefits may depend on optional coverage and the applicable policy. We review the accident date and insurance documents to identify available benefits.
We also review long-term disability coverage where a brain injury prevents you from working. Benefit payments and lawsuit damages may interact, so we assess applicable deductions and repayment obligations.
