Brain Injury Lawyer in Calgary

BRAIN INJURY LAWYER IN CALGARY, AB

Many individuals in Calgary suffer brain injuries from various causes, ranging from sudden accidents to unexpected incidents. These injuries can change lives, affecting the injured, their families, and their communities. If you or a loved one faces this challenge, you could feel overwhelmed with medical decisions, insurance claims, and legal procedures. 

As your dedicated experienced brain injury lawyer in Calgary, we stand with you at every step. Whether dealing with severe traumatic brain injuries or mild traumatic brain injuries, our team of personal injury lawyers is here to help. We aim to get brain injury victims the justice and compensation they deserve for a stable future.

Defining Brain Injury

Johns Hopkins Medicine explains that a head or brain injury is any injury to the brain that affects a person’s cognitive, physical, and emotional abilities. These injuries can result from trauma to the head or a lack of oxygen supply to the brain, such as in an anoxic brain injury.

The impact can range from mild physical symptoms to severe brain injury, depending on the nature and intensity of the injury. Medical treatment is required, and the injury can sometimes lead to long-term or permanent damage.

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Types of Brain Injuries

Brain injuries can manifest in various forms, each with distinct characteristics and implications. Recognize the differences among these types to grasp the potential impact they may have on an individual’s health and quality of life. 

Type

Description

Concussion

A mild traumatic brain injury caused by a blow or jolt to the head that leads to temporary cognitive dysfunction.

Contusion

A bruise or bleeding on the brain, typically resulting from a direct impact to the head.

Diffuse Axonal Injury

An injury caused by the shearing forces that occur when the head is rapidly twisted or jolted.

Traumatic Subarachnoid Hemorrhage

Bleeding in the space surrounding the brain due to rupture of blood vessels, commonly from trauma. Can lead to severe complications and requires immediate medical attention.

Penetrating Injury

An injury where an object penetrates the skull and enters the brain. It’s often severe and can lead to significant complications.

Others

This includes injuries like anoxic brain injuries (resulting from a lack of oxygen to the brain), hematoma, and others that can be relevant to specific cases.

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Common Causes of Brain Injuries

Brain injuries can occur in various circumstances. Understanding the common causes can help in prevention, early detection, and seeking appropriate care when necessary. This is a breakdown of some of the most frequent reasons:

One of the leading causes of brain injuries, especially among children and the elderly. Falls can occur:

  • From heights, such as ladders or balconies.
  • Slip and falls, often due to wet or uneven surfaces.
  • Trip and falls, resulting from obstacles or irregularities on walking paths.

These traumatic events can lead to various injuries, including brain injuries. They can be rooted to some scenarios:

  • Car accidents, where the impact or sudden halt can cause the brain to collide with the inner skull.
  • Truck collisions are more severe due to the size and weight of the vehicle.
  • Motorcycle accidents, where riders are particularly vulnerable.
  • Pedestrian accidents, where individuals on foot are struck by moving vehicles.
  • Assaults, where blows to the head can lead to concussions or more severe injuries.
  • Gunshot wounds can result in penetrating brain injuries.
  • Domestic violence could involve repeated trauma over time.
  • Sports Injuries
  • High-contact sports like football, rugby, or boxing have a higher propensity for causing head injuries.
  • Accidents in sports like skiing, cycling, or skateboarding can also lead to traumatic brain injuries.
  • Explosive Blasts
  • The shockwaves from blasts can cause severe concussions or other traumatic brain injuries, even without direct impact.
  • Others
  • Workplace accidents, where machinery or falls can result in trauma.
  • Medical malpractice, where errors in treatment or surgery can inadvertently cause harm to the brain.

Legal Services for Brain Injury Claims

Navigating through the aftermath of acquired brain injuries, especially those stemming from a motor vehicle like a car accident, is challenging. Our dedicated legal team, specialized in personal injury law, is here to support, guide, and fight for your rights every step of the way. With the expertise of Alberta brain injury attorneys, this is what we can do for you:

We represent you actively in court. Our lawyers will ensure your voice is heard and your rights are protected. We manage all aspects of the legal process, standing by your side from the initial filings to the final verdict.

We gather evidence, consult witnesses, and thoroughly investigate the circumstances of the injury. By meticulously building a strong case, we aim to enhance the likelihood of a favourable outcome.

We advise you to obtain comprehensive medical evaluations and ensure that every aspect of the injury is meticulously documented and presented to strengthen your case.

We handle the insurance companies, negotiating assertively to ensure you receive a fair settlement. We aim to ensure that every cost, from medical bills to rehabilitation, is covered in the settlement.

You can take advantage of our customized legal services tailored to meet the unique needs of your case. From liaising with medical professionals to advising on long-term care options and providing any other necessary legal guidance, we’re here to support you.

brain injury lawyer

Legal Services for Brain Injury Claims

Type

Description

Economic Damages

Covers immediate costs like lost wages and rehabilitation.

Long-term Costs

Includes future medical treatments, lifelong care, and home modifications.

Non-economic Damages

Addresses pain and suffering, emotional distress, and loss of life enjoyment.

The Legal Process

Navigating through the legal process of a brain injury claim involves several essential steps. Below is a brief overview:

1. Consultation

Begin with an initial meeting to discuss the case details, assess its strengths, and strategize the way forward.

2. Filing a Lawsuit

Initiate legal proceedings by formally filing a lawsuit, setting the stage for the legal process to unfold.

3. Medical Expert Witness

Collaborate with medical professionals specializing in brain injuries to provide authoritative testimony, strengthening the case with their knowledge and insights.

4. Negotiation

Engage in negotiations aiming to reach a satisfactory settlement without needing a prolonged court trial.

5. Trial

If a settlement isn’t achieved through negotiation, proceed to trial, where the case is presented before a judge or jury for a final verdict.

Challenges in Brain Injury Cases

Brain injury cases, especially those stemming from a motor vehicle accident, can be tricky. Experiencing such an injury often results in a serious injury that requires extensive medical treatment. Below are some common challenges to watch out for:

  • Proving the Injury: Sometimes, brain injuries don’t show clear signs on the outside, even if they’re severe. This can make it hard to prove how bad the injury is.

  • Showing Long-term Effects: Brain injuries can cause problems for a long time. But predicting these issues and their costs can be tough.

  • Valuing Non-economic Damages: It’s hard to put a price on feelings or experiences, like pain or sadness. This makes it tricky to ask for fair compensation.

  • Facing Biases: Some people have wrong ideas about brain injuries. They could think they aren’t serious if they can’t see clear signs.

The Value of Expertise in Traumatic Brain Injury Cases

Handling a brain injury case is no small task. It’s filled with legal complexities and emotional hurdles. Getting a knowledgeable personal injury lawyer is necessary. 

Brain injury lawyers bring expertise and guidance that can make a big difference in your personal injury claim. At Sidhu Personal Injury Lawyers Calgary, our team is dedicated to standing by your side, especially when dealing with severe brain injuries. We work hard to ensure you receive fair compensation and the support necessary for recovery.

Frequently Asked Questions

Yes, you can still make a claim even if the accident was partly your fault. This concept is known as “contributory negligence.” Depending on the jurisdiction, your compensation could be reduced based on the percentage of your fault in the accident. 

For example, if you’re found to be 30% at fault, your compensation can be reduced by that percentage. Consult with a lawyer who can guide you on the specifics for your region and circumstances.

The compensation for brain injuries varies widely based on several factors, including the severity of the injury, the location and jurisdiction of the claim, long-term impacts, and the individual circumstances of the victim. Some minor injuries could receive compensation in the thousands or tens of thousands. 

Severe or traumatic brain injuries with lifelong implications can lead to settlements or awards in the millions. Understanding that each case is unique is essential, and the “average” could not accurately represent what is appropriate for your specific situation.

Yes, you can file a claim on behalf of a loved one, especially if they are incapacitated or unable to represent themselves due to the severity of their brain injury. Family members commonly do this for those who are in a coma, suffer from severe cognitive impairments, or are minors.

The person who files the claim is called a “legal guardian” or “representative.” The specific laws and regulations regarding who can file and under what circumstances vary by jurisdiction.

Some of these factors include:

Severity of the Injury: More severe brain injuries that have a long-term or permanent impact on one’s quality of life tend to have higher claim values.

Medical Expenses: The cost of medical treatment, rehabilitation, and any future medical care required can significantly affect the claim value.

Loss of Income: If the brain injury has resulted in a loss of income or a reduced earning capacity, this can also impact the claim value.

Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life is also considered.

Legal Representation: Having a skilled traumatic Brain Injury Lawyer can also significantly impact the value of the claim, as they can help in accurately estimating and negotiating the claim.

Liability: The degree of fault of the parties involved in the incident leading to the brain injury can also affect the claim value.

Insurance Coverage: The insurance policies of the parties involved can also have limits which can affect the claim value.

Supporting Evidence: The availability and quality of evidence supporting the claim, such as medical records, witness testimonies, and accident reports, can play a crucial role in determining the claim value.

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