McLeish Orlando's Brain Injury Lawyers

We have extensive experience representing clients who have suffered traumatic brain injuries.

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When you, a child, or someone you love suffers a traumatic brain injury, it is important to ensure that they have the best legal representation possible. This means a legal team that includes brain injury lawyers and clerks that have the experience and knowledge to help you.
It should include:

  • A legal team that understands the nature and severity of your brain injury,
  • A legal team committed to getting you better and ensuring you get the best rehabilitation and treatment possible,
  • A legal team that will build your case to succeed.
Contact McLeish Orlando, Personal Injury Lawyers

Have You or Your Loved One Experienced a Head or Brain Injury in an Accident?

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McLeish Orlando LLP

Understanding the Severity of a Brain Injury

There is a lot of literature on brain injuries and various terms are used to refer to them.  They can include concussion, knocked out, stunned, seizure, hypoxic, pediatric brain injury, closed head injury, traumatic brain injury, TBI, head trauma, etc.  Although there are many terms used, one key component to understanding the nature of the brain injury is to understand the severity classifications.

The classification system will impact  on how your medical and rehabilitation team will treat you. It will also impact  on how your case moves forward within the legal system.  The physical injury to the head may result in contusions, bumps, bruising, skull fractures, cuts, lacerations, and other visual abnormalities.  Depending on the nature of the injury, imaging may also show various types of brain bleeds that may have occurred including epidural hemorrhages, subarachnoid hemorrhages, intraparenchymal hemorrhages, or subdural hemorrhages.  At times, imaging may show nothing or is deemed to be negative imaging.  This however does not mean someone did not suffer a brain injury.  Other testing may include what is called a Glasgow Coma Scale test, a Glasgow Outcome Scale test, Ranchos Los Amigos Scale test, or a Neuropsychological test to mention a few. Regardless of the above, you will at a certain stage be classified by your doctors to have suffered one of the three main severity classifications.  Mild, Moderate, or Severe.

Mild Traumatic Brain Injury

This is the least severe of the three classifications and can be referred to as a mild traumatic brain injury or at times, a concussion.  Generally, the classification will look at whether you suffered any one of the following: loss of consciousness, failure to remember events before or after the accident, and alteration of your mental state at the time of the accident.  They may also use  various tests such as the Glasgow Coma Scale.  It should be remembered that even though you may not have any positive imaging, you may still be classified as suffering this type of head injury.

Moderate Traumatic Brain Injury.

Medical professionals classifying a moderate brain injury will look at the mild brain injury checklist along with : whether you stayed in the hospital for more than 2 days, was your amnesia between 1 and 7 days, whether your GCS score is between 9 and 12, any operative intracranial lesions, or other abnormal imaging findings of your brain. It should be remembered that even though you may not have any positive imaging, you may still be classified as suffering this type of head injury.

Severe Traumatic Brain Injury.

Medical professionals classifying a severe brain injury will look at positive imaging, if your loss of consciousness exceeds 24 hours, is your amnesia greater than 7 days, and did your GCS fall below 9.  It should be remembered that even though you may not have any positive imaging, you may still be classified as suffering this type of head injury.

Getting Better From a Brain Injury With Your Legal Team.

A lawyer and their legal team should be committed to ensuring everything possible is done to get you better.  Even though they represent you in the court case, they are also there to help ensure that the proper rehabilitation and medical professionals are involved in your care.

A lawyer experienced in cases involving traumatic brain injuries (TBI) will know from experience how to help move you down the road to recovery.  They will achieve this by accessing resources, introducing you to experienced rehabilitation professionals, and understanding what aspects of your life you need to get back.

Top Causes of Brain Injury

Brain injuries can be caused by a variety of factors. Some of the most common causes of brain injuries are:

  • Car accidents
  • Cycling and Pedestrian Accidents
  • Slip and fall accidents
  • Sports activities
  • Violence
  • Explosive blast and blows to the head

Brain Injuries Caused by Car Accidents

Collisions involving cars, motorcycles, or bicycles — and pedestrians involved in such accidents — are a common cause of traumatic brain injuries.

Brain Injuries Caused by Slip and Fall Accidents

Falls from bed, a ladder, downstairs, in the bath, and other falls are the most common cause of traumatic brain injuries particularly in older adults and young children.

Brain Injuries Caused by Sports Activities

Traumatic brain injuries may be caused by injuries from several sports, including soccer, boxing, football, baseball, lacrosse, skateboarding, hockey, and other high-impact or extreme sports. These are particularly common in youth.

Brain Injuries Caused by Violence

Gunshot wounds, domestic violence, child abuse, and other assaults are common causes. Shaken Baby Syndrome is a traumatic brain injury in infants caused by violent shaking.

Brain Injuries Caused by Explosive Blasts and Severe Blows to the Head

Explosive blasts are a common cause of traumatic brain injury in active-duty military personnel. Although how the damage occurs isn’t yet well understood, many researchers believe that the pressure wave passing through the brain significantly disrupts brain function.

Brain injuries can also result from penetrating wounds, severe blows to the head with shrapnel or debris, and falls or bodily collisions with objects following a blast.

Damages that can be Recovered in a Brain Injury Claim

Personal Injury lawyers at McLeish Orlando strive to help individuals suffering from a critical injury. After a head injury or a traumatic brain injury (TBI), you or your loved one may need compensation for:

  • Current and future medical expenses
  • Lost income, as well as compensation for temporary or permanent loss of income or diminished earning capacity
  • Temporary or permanent in-home care by a nurse or other medical care professional
  • Pain and suffering and decreased quality of life

Accessing Resources for the Brain Injured Client.

An experienced personal injury lawyer will ensure they get you access to the medical and rehabilitation benefits available. This will include making sure that the proper benefits classification is given to you whether it be catastrophic or non-catastrophic under the accident (no fault) benefit system.  This is a complicated area of the law and does require knowledge, experience, and the necessary expert funding to succeed.

Accessing the Best Rehab Team for the Brain Injured Client

Getting better from a brain injury is not only dependent on having the right lawyer to get you the funding you need, but it also means introducing you to the best possible rehabilitation professionals experienced in brain injury.  This may include case managers, occupational therapists, speech language pathologists, neuropsychologists, social workers, rehabilitation therapists, etc.  It also means ensuring you see respected medical professionals such as neurologists, neuropsychiatrists, and others.

Treatment is always the person’s choice, but at times it is helpful to know who has done good work in the past.  An experienced TBI lawyer will know this and make the right introductions.

Accessing and Working with Community Based Brain Injury Organizations

One of the ways an experienced lawyer will help in moving you toward recovery is by having ongoing contact and relationships with brain injury organizations.  By working with these organizations and your rehab team, they can learn, share, and introduce you to those who have helped past clients.  These can include Ontario Brain Injury Association (OBIA), Brain Injury Society of Toronto (BIST), Hamilton Brain Injury Association, The Brain Changes Initiative, and other local associations throughout Ontario.

Building the Case for the Brain Injured Client

Unfortunately, not all clients suffering brain injuries fully recover.  Therefore they find themselves needing help to ensure they have their financial needs met, that they have professionals and services available to let them live with dignity and independence, and that they are compensated for their pain and suffering.  An experienced personal injury lawyer knows that these cases take special care, require significant firm funds, and a good team to succeed.  Essential litigation success may require the following:

Marshaling Top-Notch Medical Expert Reports

Accessing and funding top experts in various fields [neurology, neurosurgery, neuroradiology, neuropsychology, brain injury care costs experts, etc.]  to provide medical evidence to support the nature and severity of a person’s brain injury is key.

Marshaling Medical Illustrations and Using Demonstrative Brain Aids

Not only is it crucial to ensure you have top experts, but you must ensure the court and the people listening to your case understand the anatomy of the brain and the nature of the brain injury.

One key component an experienced personal injury lawyer will use is medical illustrations, 3D videos, anatomical brains, and other aids to help the experts teach how the brain works, how it is impacted, and how it affects a person when suffering from such an injury.

Using Before and After Witnesses to Show the Impact on the Brain Injured Client.

In many cases involving the traumatic brain injured client, one needs to develop a window to show how the injury has affected the person.

A key way of doing this is to obtain information not only from their treating team, but also from families and friends who see them day-to-day.  By marshalling this evidence you get to show how the person was before and after the injury.

Why Trust Your Case to Our Law Firm?

At McLeish Orlando Personal Injury Lawyers, we have a long and proven track record of success representing clients who have suffered brain injuries. We understand the personal importance of having the right rehab team in place efficiently to maximize recovery, and our extensive experience handling brain injury cases positions us to obtain full compensation for all damages our clients suffer.

Our firm currently holds the distinction of obtaining the highest personal injury damages judgement in Canadian history on behalf of our brain-injured client, K.P. MacNeil. We have also obtained one of the largest settlements in history on behalf of Annie Choi, who also suffered a severe TBI. Read more about this judgement from The Toronto Star.

Frequently Asked Questions

What is traumatic brain injury?

A traumatic brain injury is an injury that changes how the brain functions. The severity of traumatic brain injuries can vary from mild, moderate, and severe. Accordingly, a traumatic brain injury can lead to short term health problems, or permanent and severe problems that change the rest of an individual’s life.

Is a concussion a brain injury?

A concussion is a form of traumatic brain injury. Concussions are typically caused by a hit or bump to the head (or body) that causes the brain to move rapidly back and forth. The sudden movement can change the chemical balance in the brain, and can cause damage to brain cells. Concussions are severe injuries, and any injury to the brain is cause for concern and attention. Suffering a concussion also makes you more susceptible to further concussions, and multiple concussions in a short period of time can lead to death.

Concussions can lead to headaches, ringing in the ears, nausea, vomiting, blurred vision, drowsiness, confusion, amnesia, loss of consciousness, sensitivity to light, depression, and other symptoms. Concussions can also lead to post-concussion syndrome, where any or all of these symptoms persist long after the typical recovery period.

What are the traumatic head injury causes, consequences, and challenges?

Some of the most common causes of traumatic brain injuries are motor vehicle collisions, slip and falls, sports and recreational activities, assaults, and other events that cause the head or body to be moved quickly.

Some people are able to recover from less severe traumatic brain injuries through rest and reduced activity at home. More severe traumatic brain injuries can alter every aspect of a person’s life, for the rest of their life. They can lead to post-concussion syndrome, as well as more significant cognitive issues and motor function impairments. Minor brain injuries that are suffered by children can significantly impact their brain’s development.

One of the biggest challenges associated with traumatic brain injuries is that they are “invisible” injuries in the sense that they are not immediately apparent to an observer like a broken arm or amputation might be. This can increase the difficulty in properly diagnosing a brain injury and delay finding the best treatment for that injury. This issue can also increase the challenges one faces when trying to navigate their injuries in public.

For all of these reasons, it is important to speak to a personal injury lawyer that has experience working with clients that have suffered a brain injury. Contact our office today, we are here to help.

What is acquired brain injury?

An acquired brain injury is an injury to the brain that is not hereditary. There are two types of acquired brain injury: traumatic and non-traumatic.

What is a Hypoxic-Anoxic brain injury?

A hypoxic-anoxic brain injury occurs when the flow of oxygen to the brain is disrupted. Oxygen is required for the brain to function properly, and when the flow of oxygen is cut off for an extended period of time, the brain can be severely damaged. Generally, the longer the brain is deprived of oxygen, the more severe the injury. These types of injuries can cause cognitive impairments, as well as impairment to physical and psychological functions.

How do I know if I have TBI after a car accident?

If you have been in a car accident where you struck your head, or you are experiencing any symptoms of a concussion or brain injury, you should seek immediate medical attention.

Immediately following a traumatic event, emergency medical professionals may assess the initial severity of a brain injury by checking a person’s ability to follow direction, speak and respond to physical stimuli using the Glascow Coma Scale. Medical Professionals may also use a CT Scan or MRI to obtain a detailed view of the brain following an injury. These scans can reveal bleeding, bruises, swelling, and other indications of trauma.

How much is a traumatic brain injury case worth?

The value of every case is specific to the individuals involved and the injuries suffered. However, due to the often severe nature of traumatic brain injuries, the cases frequently involve significant compensation. If you have suffered a traumatic brain injury due to the negligence of someone else, you are entitled to make a claim to be compensated for your medical and other related expenses, your past and future income loss, your pain and suffering, as well as any future attendant care you may need as a result of your injury. If you or a loved one have suffered a traumatic brain injury it is important to contact an experienced personal injury lawyer to ensure you receive the full compensation you are entitled to.

When should I hire a brain injury lawyer?

If you have suffered, or if you believe you may have suffered, a traumatic brain injury due to the negligence of another party, you should contact a personal injury lawyer right away. An experienced personal injury lawyer will assist you in accessing immediate insurance benefits so you can receive the treatment and services you need without having to worry about your ability to pay. Your personal injury lawyer will also begin gathering evidence and expert opinions to ensure you receive the full compensation you are entitled to. Contact one of our experienced personal injury lawyers today if you or a loved one have suffered a traumatic brain injury.

Can your firm provide me with the right access to the medical and rehabilitation benefits?

Our firm has worked with the best rehabilitation facilities and individual providers in Ontario for over 20 years. We have created an extensive network of rehabilitation and medical professionals across the province that assist individuals with traumatic brain injuries, and we will work with you to find the rehabilitation team that is best suited to your individual injuries and location.

If you have suffered a traumatic brain injury, it is important that you have access to medical and rehabilitation benefits right away. If you were injured in an incident involving the use of a motor vehicle, we will assist you in accessing the accident benefits through your auto insurance policy, or the auto insurance policy of the vehicle that caused your injury. If your injuries did not arise from the use of a motor vehicle, we will assist you in accessing any insurance policy available to you to ensure your expenses are covered right away.

Contact our office today for a free consultation to discuss how you can be put in contact with our network of support.

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