Traumatic Brain Injury Claims & Settlements in BC: Things To Know
Traumatic brain injuries often change people’s lives. That is why brain injury claims often attract large monetary awards for loss of income and future care. However, not all brain injuries are similar. Their treatment and claim procedures depend on many factors. Read on to learn more, and contact us today to speak to one of our expert brain injury lawyers.
*DISCLAIMER: We are not healthcare professionals. The content on this website is meant to provide legal guidance, not medical advice. Please refer to a qualified doctor in your area for professional medical information.
What Is Considered A Brain Injury?
Not every brain injury is the same. Some brain injuries can cause a person to lose consciousness, while others may not. Some brain injuries are due to a severe blow to the head, while others are caused in other ways. From car crashes to sport injuries or freak accidents, the many ways in which our sensitive brains can get injured vary.
A Brain Injury That Causes Unconsciousness or Coma
If a brain injury is traumatic enough, it can result in loss of consciousness or even coma. This can last only a few minutes or it can last years. As a general rule, longer periods of unconsciousness are linked to more severe and traumatic brain injuries.
A Brain Injury That Causes Trauma
Even without unconsciousness, the brain can still be seriously injured, causing temporary or permanent damage. See below for different symptoms of traumatic brain injuries.
Shaken Baby Syndrome
Not every brain injury is caused from a blow to the head. For example, if the head is shaken with enough force, it can still result in damage to the brain. A common occurrence of this is in delicate babies who get mishandled.
Not a Minor Injury
Traumatic brain injuries are usually different than what ICBC considers a minor injury, so the caps on settlements can be different and much larger because the long-term symptoms are usually more traumatic for brain injuries.
READ: Government of BC Imposes Caps on Personal Injury ICBC Claims
Long-Term Symptoms & Consequences of Traumatic Brain Injuries
There are a variety of brain injury symptoms that can occur from a traumatic brain injury, and each symptom falls into its own category. See below for more info.
Cognitive Symptoms of Traumatic Brain Injuries
Cognitive symptoms from traumatic brain injuries include (but are not limited to);
- Short-Term or Long-Term Memory Loss
- Slower Thought Process
- Speech Difficulty
- Critical Thinking or Judgment Problems
- Arousal Problems
- Concentration Difficulties
Psychological Symptoms of Traumatic Brain Injuries
Psychological symptoms from traumatic brain injuries include (but are not limited to);
- Depression
- Anxiety
- Mood Swings
- Denial
- Impulsive Behavior
- Agitation
- Sexual Dysfunction
- Isolation
Physical Symptoms of Traumatic Brain Injuries
Physical symptoms from traumatic brain injuries include (but are not limited to);
- Swelling
- Bleeding
- Seizures
- Hearing Impairment
- Visual Impairment
- Weakness
- Taste Loss
Benefits and Settlements to Expect from Brain Injury Claims
If someone has experienced a brain injury in BC due to negligence, they may be entitled to compensation.
Accident Benefits for Brain Injuries
A brain injury due to negligence could result in benefits being awarded to support rehabilitation. These benefits help those who are injured by providing financial support for rehab costs. These rehab benefits include a range of services, like;
- Occupational Therapy
- Physiotherapy
- Exercise Therapy
- Speech therapy
- Even possibly miscellaneous services like house cleaning.
However, there are usually limits on how much rehab support a claimant can receive. There is an ICBC limit on rehab benefits support for personal injury claims of up to $300,000.
READ: What to Expect From ICBC When You’ve Been Injured In A Crash
Settlements for Brain Injuries
If a personal brain injury is traumatic enough, a separate financial settlement may be given or awarded on top of the rehab benefits. These settlements can sometimes get into the $1,000,000+ level. There have been many past ICBC settlements given or awarded that have reached this million-dollar or multi-million dollar level.
READ: Your ICBC Injury Claim Settlement for When You’ve Been Injured In A Crash
Submitting Traumatic Brain Injury Claims in Victoria
We highly recommend that you work with one of our expert brain injury lawyers if you are thinking about submitting a personal traumatic injury claim.