Brain injuries or traumatic brain injuries (“TBI”) are derived from several classifications of head trauma. They are caused by force, trauma, acute injury during slip/fall and trip/fall accidents, motor vehicle accidents, personal injuries and sporting injuries. They are more commonly known as concussions. A concussion however is a symptom of a brain injury. The acceleration and deceleration forced exacted upon the human body, particularly the head, during an injury may cause concussions.

Increased forces or contact with objects during the injuring mechanism can increase the probabilities of acquiring differing levels of TBI. They are classified as mild traumatic brain injuries, moderate traumatic brain injuries and severe traumatic brain injuries. Just because a injured person suffers a concussion, does not always mean they are in the mild range. Concussions and acquired brain injuries are very complex matters. They can cause a variety of symptoms in and of them selves such as, but not limited to:
• Ataxia;
• Sensitivity to light;
• Dizziness;
• Vertigo;
• Imbalance;
• Sensitivity to sound;
• Headaches;
• Migraines;
• Vision and focus issues;
• Vestibular (inner ear) problems;
• Tinnitus (ears ring);
• Hearing loss;
• Sensory loss;
• Nausea;
• Inability to sleep;
• Speech and word finding issues;
• Cognition and memory issues;
• Word finding issues;
• Intellectual problems;
• Executive function problems (reasoning/judgment);
• Communication difficulties;
• Social problems;
• Behavioural changes and issues;
• Inability to work.

Diagnosis can be confirmed based on radiological testing of the head such as a CT scan, MRI or SPECT scan. More often than not, specialized doctors called Neurologists/Neuro-Psychologists are required to assess someone with an acquired brain injury to determine the classification, level, and degree of impairment, based on the radiological data, reported symptoms and testing measures. These assessments could be required as part of a OHIP based treatment plan and treating specialists, and/or required by the advancement of litigation via independent medical assessors based on objective symptoms.

Sometimes the severity of the injuring mechanism causes advanced trauma such as intra-cranial bleeding, skull fractures, hematoma, white matter damage, nerve damage and fluid build-up/ pressure. Diagnostic radiology may reveal these advanced forms of damage. A brain injury, regardless of classification, is a significant and multifaceted diagnosis requiring a diligent and thorough knowledge base of the subject matter. Advancing claims of this nature require a methodical and meticulous approach. Sometimes the injured person may require a litigation guardian due to the severity of the brain injury.

Acquired brain injuries and concussions can cause functional impairments that prevent injured people from working, performing their activities of daily living, housekeeping and home maintenance, attendant care/caregiver responsibilities and require significant medical/rehabilitative costs. Brain injuries and concussions can be acute (short lasting) in nature and post-traumatic (permanent). The same applies for the symptoms caused by an acquired brain injury/ concussion. The effects of TBI require medical assessment and treatment.

In young adults and children particularly, acquired brain injuries can be significant. Developing brains may be more susceptible to functionality issues acutely and later in life, caused by concussions and brain injuries. It is important to seek medical advice promptly and ongoing follow-up medical care/assessment. The complexities of personal injury claims only multiply when dealing with brain injuries and concussions.

We offer certified specialist advice and experience in advancing claims of this nature, with a proven record for success at Trial.

If you’ve suffered a traumatic brain injury or concussion, call Lemieux Litigation today for fair, dedicated and affordable representation.

We’re on your side.