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 whose injuries affect their work, independence, and family life. Our Nepean personal injury lawyers investigate the accident, explain your options, and handle insurance negotiations 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 Nepean, we bring extensive trial experience and thorough preparation to brain injury claims.
For compassionate legal representation, contact Auger Hollingsworth Accident & Injury Lawyers.
Types of Brain Injuries
A traumatic brain injury occurs when an external force disrupts brain function. Injuries may affect one area or involve widespread damage, and you may experience more than type of brain injury in the same accident.
Common types of brain injuries include:
- Concussion
A concussion is a mild traumatic brain injury. It can occur without a loss of consciousness and may cause headaches, dizziness, memory problems and sensitivity to light. Routine imaging may also appear normal.
We document how your symptoms affect your employment, daily activities, and recovery. Medical records and observations from people who know you can help establish these changes.
- Contusion
Cerebral contusions, also called brain contusions, are bruises within brain tissue. These injuries can involve bleeding and swelling after an impact.
We review hospital records, imaging findings, and specialist assessments to understand the injury and its effects.
- Subdural Hemorrhage
A subdural hemorrhage involves bleeding between the brain and its outer protective covering. These hemorrhages can place pressure on the brain and require urgent medical care.
Our legal team reviews the medical evidence and resulting care needs when assessing the claim.
- Penetrating Brain Injury
A penetrating brain injury occurs when an object breaches the skull and damages brain tissue. Skull fractures may accompany these injuries.
We investigate the incident and assess the evidence connecting it to your injuries and losses.
- Diffuse Injury
Diffuse axonal injuries involve widespread damage to nerve fibres within the brain. Rapid acceleration, deceleration, or rotation can cause this damage, including during motor vehicle crashes.
Claims may require detailed neurological evidence and assessments of future supervision, rehabilitation, and personal care.
Common Causes of Brain Injuries
Brain injuries can result from collisions, falls, sports incidents, and violence. A compensation claim depends on the circumstances, available insurance, and whether another party bears legal responsibility.
Common causes of brain injuries include:
- Motor Vehicle Accidents
A motor vehicle accident can cause brain trauma through direct impact or sudden head movement. Pedestrians, cyclists, motorcyclists, passengers, and drivers may all sustain serious car accident injuries. Some people also experience spinal cord injuries or other physical trauma.
After a motor vehicle accident, we assess potential accident benefits and claims against responsible parties. We review the police report, witness accounts, photographs, and available collision evidence.
- Falls
A slip and fall on ice, an unsafe staircase, or an uneven surface can cause a serious brain injury. We investigate who controlled the property and whether reasonable safety measures were taken.
Evidence may include surveillance footage, maintenance records, photographs, and witness statements. Early investigation can help preserve records before they disappear.
- Contact Sports
Falls and altercations during hockey, football, rugby, and other contact sports can cause serious brain injuries. A sports injury does not automatically establish negligence.
We examine the conduct involved, supervision, safety procedures, and any relevant waivers. These details help determine whether there is a legal basis for a civil claim.
- Assaults and Violence
An assault can cause brain trauma through a direct blow, a fall, or a penetrating wound. A civil claim for compensation is separate from any criminal prosecution.
We assess potential claims against the responsible party. Depending on the evidence, we may also investigate whether another party’s negligence contributed to the incident.
- Birth Injuries
A birth injury may involve physical trauma or reduced oxygen supply around delivery. Medical assessment is necessary to identify the cause and its effects on a child’s development.
Birth-related medical negligence requires advice from a lawyer who handles medical malpractice. Our practice focuses on accident injuries and disability insurance disputes.
What Compensation Can You Claim for a Brain Injury?
Compensation depends on the cause of the injury, legal responsibility, insurance coverage, and supporting evidence. We assess both current losses and reasonably anticipated future needs.
A personal injury lawsuit may include claims for:
- Pain, suffering, and loss of enjoyment of life.
- Past income loss and reduced future earning capacity.
- Rehabilitation and treatment expenses.
- Attendant care and personal support.
- Housekeeping assistance.
- Assistive equipment and necessary home modifications.
- Other eligible expenses caused by the injury.
For motor vehicle injuries, Statutory Accident Benefits (SABS) provide a separate route to eligible benefits regardless of fault. Coverage and entitlement depend on the applicable policy and rules. Medical, rehabilitation and attendant care benefits remain mandatory under recent amendments to Ontario’s insurance benefits system. Other accident benefits are optional under the applicable policy rules. We also assess whether a catastrophic impairment application is appropriate. This is a defined insurance classification that requires specific evidence.
If you cannot work, we can review available long-term disability coverage and a disputed denial. Benefits and lawsuit damages can overlap, so we assess applicable deductions and repayment obligations.