Brain Injury Claim

A traumatic brain injury, commonly called by the shortened acronym TBI is an injury to the brain which can occur under varying circumstances; from the most mundane to the most physically devastating situations. TBI can occur as a result of a devastating car crash or a terrible fall during mountaineering, it can also occur while you are reading the latest edition of your favorite fashion magazine. Notwithstanding the situation under which brain injury occurs, you may be eligible to receive monetary compensation for any physical damage sustained.

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TBIs vary in intensity from victim to victim. In extremely severe instances of TBI, the patient may require extensive, life-long medical attention, requiring a considerable amount of financial support. This may invariably affect your work and by extension, your ability to cater for your family’s needs, and also lead to your inability to function in all the capacities you used to at work, and on the home front.

The Ontario Statutory Accidents Benefits Schedule defines a traumatic brain injury as a catastrophic disability when it leads to one of the following:

Score 9 or Less:

  • A score of 9 or less on the Glasgow Coma Scale, as it appears in the findings of the research works of B. Jennett and G. Teasdale, titled Management of Head Injuries, Contemporary Neurology Series, Volume 20, FA Davis Company, Philadelphia, 1981, according to examinations carried out on the brain injury victim within a reasonable time period subsequent to the accident by a person specially trained for that particular task.

Score below 3:

  • A score of 2, indicating a vegetative state, or 3, indicating a serious disability in the classification referred to as the Glasgow Outcome scale, as contained in the section that was titled “Assessment of Outcome after Severe Brain Damage” by B. Jennett and M. Bond. The test in question is to be carried out more than six months following the accident by a professional specially trained for the task.

Example:

For instance, a 35-year old accountant with an sustains a severe injury to the head as a result of a head-on collision with a service truck. After investigations, it was ascertained that it was the truck that lost control and rammed into the accountant’s car leaving him bloody and unconscious. After initial medical attention, it is discovered that the accountant has suffered Traumatic Brain Injury to all or part of his brain.

On further examination, it is discovered that the accountant on being examined by a qualified team of medical experts shows a score of 8 on the Glasgow Coma scale and a score of 3 on the Glasgow Outcome Scale.

With all these facts put together, the accountant is liable for serious compensation for the TBI that occurred as a result of the accident. Investigations have shown that medically and action-wise, he qualifies to receive compensation for the loss suffered. This is a brief illustration of how TBI litigation works.

It is very essential for you as a victim, or as a relation to the victim to work with a team of seasoned legal professionals when dealing with a brain injury case. When you retain the services of YS Law Firm, you are assured of getting the appropriate compensation that you deserve after a life-changing injury. At YS Law Firm, you are guaranteed of the top-notch quality services of an experienced team of legal and healthcare professionals who will help you put in place the necessary financial security and clinical support to help make your dark days a little brighter.

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