Why Do Brain Injuries After An Accident Need Higher Compensation?

There are quite a few different accidents which could turn out to be the primary causes for acquired brain injury such as car accidents, slip and fall, motorcycle accidents and others of this kind. Unfortunately, the statistics which are for brain injuries in Canada are rather staggering. Whether you believe it or not, across the entire country, an approximation of nearly 450 people suffering such an injury every single day. What is more, acquired brain injury turns out to be the leading cause of death and also of permanent disability. The majority of people who sustain such injuries are also not capable of returning to work. Read More

FAQs when filing for Long Term Disability (LTD) Claim Settlement

When filing a Long Term Disability (LTD) claim, you are going to trigger a complicated process which includes quite a lot of procedures. One of them includes the insurance adjuster to start asking questions in order to allegedly asses your claim and determine its credibility. With this in mind, let’s take a look at some of the most commonly asked questions and the way you should handle them.

Should I answer all the questions that the insurance adjuster asks?

Insurance adjusters have the sole intention of making you jump through tons of hoops before they give you the compensation that you are legally entitled to. That’s how it works. If insurance companies paid out every compensation no questions asked they’d run out of business days after opening. So, yes, you should answer all the questions and you should present all the required paperwork unless you want your claim to get dismissed for non-compliance.

Should I appeal if my claim gets denied?

As far as the history of our law firm goes, we’ve never seen a claim that gets denied on the first instance to get approved after an appeal unless there have been some game-changing circumstances in the health of the claimant. So, in case you get denied in the first instance you should turn to a lawyer right away and stop messing around. The last thing you want is to establish a chain of overturning decisions as that’s what the insurance company wants and that’s what you are going to get if you act rash.

How much is my case actually worth?

We can tell you the total value of your Long Term Disability claim only when all of your expenses have been paid. Without this information, it’s absolutely impossible to provide the client with an accurate estimation. Even though we have years of professional experience in handling cases of the kind successfully, every single long term disability claim is particularly subjective and individual. All the patients respond differently to the same kind of treatments and therefore the intensity can’t be assessed in advance.

How can a Judge help me?

The only thing that a court can do for your case is to order your insurance company to pay you right away. Of course, going to trial is always related to a certain amount of risk as you’d have to thoroughly consider the fact that the decision is within the hands of the judge or the jury and you can only control the outcome as much as the opposite side.

In any case, a Long Term Disability claim is related with quite a lot of variables and consulting with a professional lawyer is definitely one of the first things you should consider. Talk with an experienced lawyer today and let them judge the merits of your case as that would give you a ballpark amount of compensation that you are justified in asking for.

What You Should Know Regarding Traumatic Brain Injuries

Some personal injury claims and lawsuits oftentimes involve victims who’ve sustained a traumatic brain injury (TBI) from an accident that was caused by another person.  A TBI can be an extremely catastrophic and complex industry and is characterized by a wide range of disabilities and symptoms.  In most cases where the accident resulted from another person’s carelessness, negligence, or recklessness, it is very important that the injury victim and their families consult with an experienced personal injury lawyer in Milton.

What exactly is a Traumatic Brain Injury?

Oftentimes referred to as a TBI, a traumatic brain injury like other catastrophic injuries is an acute event in Kitchener.  However, that is where any similarities end.  Needless to say, this type of injury is life-changing and can leave families emotionally and financially devastated.  In many aspects, the consequences of a TBI can impact everything about a person’s life including their personality.  While broken bones temporarily limit the use of that area of the body, traumatic brain injuries do not heal in similar fashion.

The Consequences

Recovery from a TBI is functional in nature as it is based on the uncertainty of certain mechanisms.  Obviously, no two TBI’s are alike so the consequences for one person could vary considerably for another.  In some cases, the symptoms become readily apparent while in others it could be days, weeks, or even months before they manifest themselves.  Another consequence of traumatic brain injuries is that the victim rarely realizes that they have sustained such an injury. Conversely in other situations, the victim might go into a coma.

Common Causes of TBI’s

While the causes of traumatic brain injuries are diverse at best, the primary causes are firearms, motor vehicle, and slip and fall accidents.  Furthermore, the person may be susceptible to a spinal cord injury as well.  The primary mechanisms associated with traumatic brain injuries include:

      • Chemical or toxic exposure
      • Closed head injuries
      • Deceleration injuries
      • Hypoxia (insufficient amount of oxygen reaching the brain)
      • Infections
      • Open head injuries
      • Stroke
      • Tumors

Possible Effects of a TBI

TBI’s are typically classified as mild, moderate, or severe.  In any event the need for an experienced injury lawyer of Milton and his or her legal team should not be overlooked.  While there are a number of symptoms to contend with when a person has a traumatic brain injury, they are usually categorized as:

  • behavioral/emotional
  • cognitive
  • perceptual
  • physical

 

You can learn more about these different categories of TBI symptoms by visiting the Web MD website.

Traumatic brain injuries can physically and psychologically disable an individual and financially devastate their families in the process.  If you or a loved one has sustained a TBI, it is important that you retain an experienced personal injury lawyer in Milton and their legal team to represent your case.  Furthermore, this is the only way to ensure that you are awarded fair and reasonable compensation and that your rights are protected.

Types of Spinal Cord Injuries in Personal Injury Lawsuits

Accidents are a common occurrence throughout the Greater Toronto area, including smaller communities like Milton.  So when a personal sustains a catastrophic spinal cord injury, people oftentimes rely on the experience and expertise of a personal injury lawyer team to ensure they are compensated fairly and reasonably.  In many cases involving spinal cord injuries, the physical damage that the victim sustains can vary considerably.  However, one thing is certain.  Their family could be financially devastated without the help of a personal injury lawyer.

Different Types of Spinal Cord Injuries

There are two types of spinal cord injuries that become the focal point of many personal injury claims and lawsuits – “complete” and “incomplete” spinal cord injuries.  It goes without saying that these types of injuries can have devastating, life-changing effects on the victim.  The emotional and financial impact that is attributed to these types of injuries can be overwhelming, not to mention how taxing the care and treatment of the injured individual can be.  Suffice it to say, adjusting to these circumstances could require extensive rehabilitation, ongoing medical care, and psychological counseling. Some people never get back on the feet again due to the intensity of the injuries that have rendered them confined to the wheelchair for life.

Complete Spinal Cord Injuries

You commonly see complete paraplegia or tetraplegia result in the most severe spinal cord injuries.  While some paraplegics are able to get around with assistive equipment, others require the support of a self-propelled wheelchair.  Complete paraplegia is characterized by the loss of function and sensation in the bladder, bowel, legs, and reproductive region while their arms and hands still function in normal fashion.

With tetraplegia, the individual loses arm and hand function as well as the other areas of the body mentioned in the prior paragraph.  In the more severe cases, the individual requires a ventilator so they can breathe.  Depending on what part of the body that was injured, they may have the ability to use their arms and hands.

Incomplete Spinal Cord Injuries

These are far more common than complete spinal cord injuries and there is usually some degree of movement and sensation below the injured area.  Once the initial shock to the spine has subsided, the extent of the injury can be determined.  However, it could take up to 2 months before this is possible.  Additionally, the individual may experience some feeling but little if any movement or some movement but little if any feeling.

The Need for a Personal Injury Lawyer

No matter whether it is a complete or incomplete spinal cord injury, the need for an experienced personal injury lawyer in Milton and their legal support staff cannot be overstated.  If you or a loved one has sustained such an injury, a spinal cord injury lawyer can help you and your loved one get fair and reasonable compensation and ensure that your rights are protected.

Do you need a Pedestrian Accident Injury Lawyer?

In January, 2016, the Provincial Government implemented the Making Ontario’s Roads Safer Act in an effort to reduce the total number of collisions that occurred along with those that resulted in injuries and fatalities.  Suffice it to say, thousands of pedestrians sustain serious injuries every year at the hands of impaired or negligent motorists.  The injuries that result from these types of accidents can range from broken bones and soft tissue damage to catastrophic spinal cord and traumatic brain injuries.

Pedestrian accidents can occur just about anywhere including crosswalks, driveways, intersections, parking lots, and roadways.  When lighting conditions are poor or the weather turns nasty, the frequency with which pedestrian accidents occur increases significantly.  Needless to say, a significant number of these accidents result in very serious or catastrophic injuries, long-term or permanent disabilities, and fatalities.  When this happens, the families of the victims have a right to seek compensation by retaining a personal injury lawyer in Kitchener and their legal staff.

Common Injuries and Compensation for Them

When a pedestrian is struck by an impaired or negligent motorist, you typically see a variety of injuries including broken bones (fractures), concussions, head and neck trauma, internal bleeding, and more.  In these types of personal injury cases, the victim or their families may be entitled to compensation that pays for:

  • attendant care
  • emotional distress
  • hospital bills and medical expenses
  • loss of earning capacity
  • lost wages (past and future)
  • pain and suffering
  • physical therapy
  • prescription medications
  • rehabilitative therapy

While these types of injuries are oftentimes life-changing and leave the victim physically disabled, it can cause their families to be financially devastated as well.  Sometimes it’s a simple matter of drivers not seeing pedestrians while in other cases, they are driving in such a way that the pedestrian is subjected to considerable harm.

The Pursuit of Your Personal Injury Claim

If you were recently injured when crossing the street or when walking on any of the other venues mentioned in the second paragraph above, the general rule of thumb is that the person who hit you has to prove that they were not driving negligently.  However, if you are found at fault for your injuries, you are legally entitled to accident benefits that would pay for your loss of income, medical treatment, and rehabilitative therapy.  However, you may still need to retain a personal injury lawyer of Kitchener in order to be compensated for your injuries and ensure your rights are protected.

In cases involving pedestrian accidents, some personal injury lawyers offer FREE initial consultation and can usually determine whether or not you have a valid claim,  if they operate on a contingency basis as most of them do, you will only have to pay for their services if you win your case. However, there are petty expenses that are charged separately. You might want to discuss it with your lawyers when you hire them.

Top Ways Insurance Companies Downplay the Claim

All insurance companies try to low ball you to accept a lower amount as claim after an accident. Most of the companies try to minimize payments and look for loopholes to destroy your case. This is why it is important to look into the details and having a good personal injury lawyer to cover your interest.

  • Inconsistency reporting: All medical reports and examinations are cross-referred at the first session with the insurance company. Anything that is not mentioned in the report is not accepted by the insurance company and is considered suspicious. That is why it is important for the doctor to write down all the complaints and details.
  • Psychiatric History and Pre-Accident Medical: The insurance company lawyers look at your medical history much before the accident took place. The psychiatric and physical history is looked into. They check if there is any aspect that they can use to reduce the earning potential. This is usually a point of dispute as clients forget about health aspects in the past. They find key aspects that can pull down the claim amount. Past drug use, alcohol binging depression in teenage years is just a few of the things that can rehash your claim amount.
  • Income Reporting: Income discrepancies and inconsistencies are looked into by the insurance companies. Thus, ensure that the T4 is correct when you file for a claim. It is best to honest with the insurance company.
  • Discontinuing treatment: There are some people that forget to continue treatment including physiotherapy which can be used by the insurance company. That shows that you weren’t that injured and this in turn can affect the claim amount. Thus, if your doctor has prescribed it, you better stick with the treatment.

Importance of First Responder’s Report

When you are in an accident, you are not thinking about calling a lawyer or filing a claim, you just need to be treated for shock and anxiety apart from other physical injuries. However, any of the information put down by the ambulance or first responders is used in the claim. Thus, if you forget to mention some key aspects of the injuries and it has not been noted down in the report, the insurance company is going to play upon it to reduce your compensation amount. They are of the view that if you didn’t mention it at that time, it isn’t probably that bad. You cannot control what the first responders write but share as much as you can. Additionally, it is good to go to a doctor even if you don’t go to the hospital right after the accident. Make sure the doctor writes everything as your claim will require it.

  • Surveillance as a tool: If you say you cannot do it due to the pain, don’t do it. You don’t want to show up on the surveillance video doing the things you said were out of bounds due to the pain. You might be just trying to do it before retreating due to the pain, but if you are caught on video, the damage is forever.

Can Medical Malpractice Claims be Due to Misdiagnosis of Neck or Back Pain?

Most of the Canadians suffer with neck or back pain and that is why statistics show that over 70% of the adult population has experienced it and sought treatment for it. Usually the neck or back pain is self-limiting and no cause is found for the physical condition. It resolves on its own, over time. Many physicians prescribe pain medication for the aches and chronic medical conditions. Usually the pain subsides over time and the related health conditions improve.

However, the fact is ignoring the pain does not help as neck and back pain are one of the most common symptoms of chronic and serious health conditions. If the doctor fails to recognize the symptoms and assess the pain as a normal condition, it can lead to potentially serious complications. That is why it is important to consult a lawyer of a wrong diagnosis has been given and it has led to further complications.

Differential diagnosis

This is a procedure that is taught to doctors to be able to differentiate between diseases with similar symptoms, which may help them diagnose better. The purpose of this diagnostic method is that it helps to identify life threatening conditions. All symptoms and possibilities are eliminated to help reach a conclusion on the diagnosis.

Elimination procedure

It is by the process of elimination that the diagnosis is done. The doctor obtains a lot of information and creates a checklist of potential conditions and ailments. This will help them pinpoint the symptoms and signs of medical conditions that the patient suffers with.

A common ailment that is missed is Cauda Equina Syndrome (CES), a neurological condition which has a prominent symptom of back pain. It causes paralysis as the nerve cells get compressed. If diagnosed in time, surgery can help but if the doctor misses the symptoms, it can lead to debilitating disability and paralysis. This will then create a case for medical malpractice. Other aspects and diseases that doctors miss include renal ailments, fractured spine, variants of bone cancer and spinal cord infections. It is important for doctors to look for signs of infections like fever and increase in the white blood cells.

If you or a loved one has been misdiagnosed about a disease by the doctor, that led to further complications, it is important to connect with a personal injury lawyer that deals with medical malpractice cases. It is important to file for a claim as quickly as possible after you realize the malpractice.

The experienced lawyer works on a contingency basis, but there will be additional expenses which you will have to pay for record gathering and medical opinions. This ranges from $5000 to about $15,000. Once the medical case enters the boundaries of the court, confidentiality and privacy of the medical records and details is off. It is public domain then on.  Thus, it is best to check out of the hospital or treatment facility before suing the doctors.