Brain Injury & Concussion Lawyer
At Campisi LLP, we have a wealth of experience helping individuals who have suffered mild, moderate and severe brain injuries to receive the care and compensation they deserve. We understand the devastating impact a traumatic brain injury (TBI) can have on the lives of our clients and their loved ones. Unfortunately, TBIs 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.
What you need to know
Any brain injury, even one initially described as mild, can result in a broad range of physical, cognitive and psychological impairments. 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.
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.
For more information on brain injuries, please download our Traumatic Brain Injury Guide.
What you need to do
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.
Important timelines if injured in car accident
- Within 60 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least one person listed in subsection.
- Generally, you have two years from the date of the accident to file a lawsuit against the at fault parties. We can advise you regarding your access to Accident Benefits after a car accident. However, you must act fast as there are strict time limits.
- Within 7 days of the accident: Inform the accident benefits insurance company of the accident and that you were hurt.
- Within 30 days of receiving an accident benefits application: Send in the completed application that was provided to you by the insurance company. If you take longer, the insurer can delay your benefits for 45 days and may be able to deny you benefits altogether.
- Within 10 business days of receiving a request for information: Your insurance company can request information needed to determine your entitlement. You have 10 business days to provide it, or they can suspend or deny your benefits.
Other important information
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 the extent of your brain injury, including whether it is a catastrophic impairment (a designation that provides access to increased funding for medical and rehabilitation expenses).
Whether your brain injury 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 medical experts including: neurologists, neuropsychologists, occupational therapists, and speech/language pathologists so that you receive the treatment, rehabilitation and compensation you deserve.
Compensation for your injuries can include damages for:
- Pain and suffering;
- Loss of income and out of pocket expenses;
- Loss of enjoyment of life;
- Economic losses incurred by family members;
- Cost of future medical treatment and care;
- Cost of future attendant care;
- Loss of future ability to earn money in the job market;
- Cost of housekeeping and caregiving;
- Loss of shared family income;
- Loss of care, guidance and companionship suffered by your immediate family;
- and more.
What qualifies as a traumatic brain injury?
A concussion is classified as a mild traumatic brain injury (mTBI), which is often defined as a traumatically-induced disruption of brain function. Only one of the following symptoms must be present:
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 initial 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.
How Campisi can help
Insurance companies use a number of factors to value a case. These include: your age, amount of vehicular damage, whether you were hospitalized, whether you sustained fractures and your loss of income. At Campisi LLP, we know these details don’t tell the whole story.
We are available 7 days a week to answer your questions, provide legal advice and help you and your family through difficult times.
- Client suffered relatively minor physical injuries and it was unclear whether the collision caused their subdural hematoma (brain bleed). Total compensation exceeded $2 million.
- Client developed post concussion syndrome. Total compensation $2.2 million
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I would highly recommend Campisi LLP as they are experts on issues such as brain injury and post-concussive syndrome. My lawyer, Nathan, is extremely knowledgeable and competent and I'm very happy with the outcome of my case. The entire team was very caring and professional.
Why Choose Campisi?
A champion with heart
When you’re a victim of an accident, everything can seem upside down. You need someone who cares enough to help you through the process, but also someone who’s strong enough to battle tirelessly on your behalf. You need an advocate with a heart.
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.
Campisi is head of the class
At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer, he is a professor of Insurance Law at York University’s Osgoode Hall Law School. He has been recognized in the 2022 edition of Best Lawyers® in Canada for Personal Injury Litigation, a highly respected resource for both clients and professionals. Our lawyers have successfully represented thousands of clients with serious injuries like yours, and will use their extensive knowledge of the law, the medicine and the insurance system to win your case.