Brain Injuries Lawyer
At Campisi LLP, we are experts at assisting individuals who have suffered mild, moderate and severe brain injuries to receive the care and compensation they deserve. We understand the dramatic impact a traumatic brain injury (TBI) can have on the lives of our clients and their loved ones. Unfortunately, they can be difficult to detect, and are sometimes referred to as “invisible injuries”. Often the full impact of the injury goes unnoticed until the victim attempts to return to work or resume daily activities.
Any brain injury, even one initially described as mild, can result in a broad range of physical, cognitive and psychological impairments including:
- Physical: dizziness, headaches, sleep disturbance, fatigue and lethargy;
- Cognitive: attention deficits, poor concentration, short-term memory loss, impaired executive functions;
- Behavioral and Psychological: irritability, anger, depression, impulsiveness, mood swings.
Regardless of the severity of the initial damage, a traumatic brain injury can cause profound impairment which can require lifelong care. Our experience representing brain injury victims enables us to recognize the wide-ranging and sometimes subtle long-term impact that a brain injury can have on the victim. Just as importantly, we understand how to demonstrate that long-term impact in court.
We will look at your case for free and take the time to ensure you understand every detail of your lawsuit. Rest assured that you won’t pay anything until your case is won or settled.
Is a concussion a traumatic brain injury?
Yes, a concussion is classified as a mild traumatic brain injury (mTBI), which is often defined as a traumatically-induced disruption of brain function. One of the following symptoms must also be present:
- Any period of lost consciousness;
- Any memory loss for events immediately before or after the trauma;
- Any alteration in mental status immediately following the trauma (disorientation, confusion); or
- Focal neurological deficits (altered vision, hearing).
Although these injuries often occur after direct head trauma, a blow to the head is not required. A whiplash-type injury, where the head snaps back and forward or side to side, can cause the brain to strike against the skull with enough force to cause an mTBI.
The “mild” classification relates to the relative degree of trauma compared to other brain injuries. It should not be understood as a minor injury, as up to 15% of mTBIs do not heal as expected and can cause permanent serious impairment.
Are brain injuries and head injuries the same?
No. Although head injuries are often the cause, a traumatic brain injury can be the result of various other conditions, including anoxia, encephalitis, meningitis and stroke.
A head injury can cause a traumatic brain injury. A blow to the head from a car accident, slip and fall or other trauma can lead to:
Concussion and Post-Concussion Syndrome: see above (can also occur from a whiplash injury);
Contusion: injury to brain tissue similar to a bruise (can also occur from a whiplash injury);
Diffuse Axonal Injury: injury caused by stretching or tearing brain cells in response to forces applied (can also occur from a whiplash injury);
Edema: swelling of the brain caused by excess fluid build-up, which can restrict blood flow and oxygen supply, leading to cell damage;
Hematoma: accumulation of blood inside the brain on the surface, which can restrict blood flow and oxygen supply, leading to cell damage;
Hemorrhage: bleeding caused by ruptured or damaged blood vessels, which leads to hematoma or “bleeding out”;
Skull fracture: damage to the bone around the brain, which can penetrate the brain tissue or expose the brain to damage.
Can I get help with my rehabilitation?
Yes, we have extensive experience in managing our brain-injured clients’ rehabilitation needs. If your injury occurred in a motorcycle, truck or car accident, we will aggressively pursue your Accident Benefits claim against your own insurance company, so that you receive the necessary treatment, income replacement and other benefits promptly. We will also arrange for medical assessments to determine if your brain injury is a catastrophic impairment, a designation that provides access to increased funding for medical and rehabilitation expenses.
Whether it happened in a vehicle accident, a slip and fall or for any other reason, we can provide a free consultation to discuss your needs, as well as your rights in a potential lawsuit. We will consult with the necessary neurologists, neuropsychologists, occupational therapists, speech/language pathologists and other medical experts in assessing and treating brain injuries to ensure that you receive the treatment, rehabilitation and compensation you deserve.
When do I need to file my lawsuit?
In general, you have two years from the date of the injury to file a lawsuit. However, lawsuits against municipalities require that notice of a pending suit be submitted within 10 days following the accident date. Speak to our brain injury lawyers right away to ensure you file your case within the proper time limits.
NOTE: The two-year limitation period does not begin for a child until they reach the age of 18 in Ontario. This does not mean you should wait to speak to our pediatric injury experts. It is important that you discuss your child’s case with our personal injury lawyers right away to ensure the case is investigated and managed properly from the start. As these claims can go on for many years while the child’s development continues, it is important to lay the right groundwork.
How much compensation can I get?
Although compensation depends on the specific circumstances of the case, traumatic brain injury claims can result in very large damages awards because of the potential for all areas of your life to be impacted permanently and, in many cases, progressively. As a result, we ensure the defendant pays damages for potential difficulties that may not arise until years after the injury was sustained.
Damages for pain and suffering (called “general damages”) are only one aspect of your overall claim. Since there is no accurate way to put a monetary value to your losses from pain and suffering, our courts have set a cap on the amount you can recover. For the most serious injuries, the cap is approximately $390,000 as of July 2019. Compared to American lawsuits, where there is no similar cap, this is a small award. However, there are other significant areas of compensation, including:
- Past and future loss of income or earning potential;
- Future cost of care;
- Loss of housekeeping and home maintenance capacity.
Damages under these headings have no cap and are determined through expert analysis. They can total millions of dollars, depending on the specific life circumstances of the victim. At Campisi LLP, we have extensive experience determining appropriate ranges of damages for our clients. We engage leading economists, vocational and other experts to ensure we accurately calculate our clients’ needs so that you can rest assured that you will be taken care of, now and in the future.
You might also be entitled to recover:
- Economic losses incurred by family members;
- Cost of future attendant care;
- Cost of caregiving;
- Loss of shared family income;
- Loss of care, guidance and companionship suffered by your immediate family;
- Out of pocket expenses;
- and more.
Medical expenses, including rehabilitation;
- Costs of adapting/modifying homes and vehicles;
- Psychological and vocational counseling;
- and more.
We will review your case for free and take the time to ensure you understand every detail of your lawsuit. Rest assured that you won’t pay anything until your case is won or settled.
In many serious personal injury claims, it can be challenging to identify sufficient insurance coverage to fully compensate an injury victim. We have this expertise, and have provided valuable insight in presentations at legal conferences on how to access all available sources of compensation for our clients, including:
- Umbrella policies and reinsurance (e.g.: commercial landlord or tavern liability claims),
- Insurance brokers (e.g.; negligent representation to a defendant regarding coverage),
- Property owners (failure to maintain property safe for use),
- School boards (e.g.: negligent supervision)
- Municipalities (e.g: construction hazards, substandard road maintenance).
Can I file a lawsuit to claim compensation?
You can commence a lawsuit to claim compensation if your traumatic brain injury was caused in whole or in part by the negligence of another party. Examples include:
- Negligent, distracted or drunk drivers;
- Failure by a municipality to maintain the roads or a public area to the required standards;
- Failure to implement proper safeguards and procedures, such as for the supervision of children, the service of alcohol and more;
- Failure by individuals or corporations to meet Occupiers’ Liability standards;
If your injury involved a motor vehicle, Ontario has an Accident Benefits system that is designed to provide you with fast access to essential benefits when you are injured, regardless of who is to blame for the accident. They are often referred to as No-Fault Benefits. Under the no-fault system, each person deals directly with their own car insurance company for health care, income replacement and other benefits. Note that if you were injured on a snowmobile, ATV or other recreational vehicle, you might also be entitled to no-fault benefits.
We have achieved exceptional results for our clients against some of the world’s largest and most prominent insurance companies, law firms and corporations including: AIG, Allstate, Aviva, Chubb, Cooperators, Desjardins, Economical, Intact, Lloyd’s, Northbridge, RBC, RSA, TD, Travelers, Wawanesa and Zurich, among others. Contact us today to learn how Campisi’s experts can help you with your case.
We Win Cases That Change The Law
At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer and a past member of the Brain Injury Society of Toronto, he is a Professor of Insurance Law at one of Canada’s top law schools – the only Personal Injury Lawyer in Ontario with a Ph.D. in Insurance Law. Our lawyers have successfully represented thousands of clients with serious injuries like these, and use their extensive knowledge of the law, the medicine and the insurance system to win your case.
We Guarantee to Always Put Your Future First
You don’t pay for anything until your case is won or settled. We treat you as we would our family, making ourselves available 7 days a week to guide you through these difficult times. We are selective when taking on new clients so that you receive the attention you deserve, and the commitment to win your case.