Traumatic Brain Injury Lawyer Canada – TBI Compensation

Our traumatic brain injury lawyers deal with compensation claims for injuries of the utmost severity caused by a negligent third party. Our traumatic brain injury lawyers provide free initial advice on liability and will provisionally asses damages on the basis of the information that you provide, with no further obligation. We deal with TBI on a risk free basis and we don't get paid until you get paid. You do not have to fund or finance the claim and there are no upfront fees or expenses to pay.

Independent Medical Report

This injury is unusual in that it frequently occurs with no obvious external physical evidence of injury. When there is clear injury to the head the damage to the brain may be considerably worse than the external symptoms would seem to suggest and for this reason severe TBI is frequently misdiagnosed as a much lesser injury. If you instruct our traumatic brain injury lawyers to act on your behalf following an accident on the road or at work we will ensure that an independent medical consultant carries out a thorough review of the clinical records and makes a full medical report after physical examination and appropriate testing to identify the full extent of any injury.

No Fault Motor Vehicle Accident Claims

Whilst most states in Canada offer workers compensation payments and have a no fault personal injury compensation scheme in effect for motor vehicle accidents, the amounts that can be paid out are capped or limited and the maximum figures that can be claimed often do not represent adequate compensation for even the mildest incident of TBI. To obtain full compensation over and above the no fault limits in a motor vehicle accident case it is necessary for a traumatic brain injury lawyer to take action in a court of law based on the tort of negligence.

Negligence Actions

Our traumatic brain injury lawyers can take action in a court of law to claim damages however in order to do this it must be possible to prove that the person at fault for causing the injury was to blame for the accident in negligence :-

Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.

Contributory Negligence

TBI is an extremely common injury which is usually sustained in criminal assaults, car accidents or as a result of falls from height at work although simple tripping and slipping accidents account for a large proportion of milder injuries in the elderly. It is estimated that almost 30,000 Australians attend hospital every year as a result if injuries to the brain with three quarters being male, the majority of whom are between the age of 15 and 29. If you have suffered a TBI in any incident where another person was partially or fully to blame our traumatic brain injury lawyers may be able to get the compensation you deserve for your injuries. Even if the incident that caused the accident was partly your fault, we are still able to claim using the doctrine of ‘contributory negligence’ however damages that would have been awarded on a full liability basis will be reduced by the percentage of blame attributed to the injured person.

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