Both car accident cases and slip and fall cases occasionally result in concussions. Concussions, and other TBIs, can be life-altering.
Thus, they tend to represent some of the largest lawsuits that personal injury lawyers pursue. These high-stakes injury claims require lawyers with plenty of experience and know-how about what it takes to win a concussion case.
What is a concussion?
Concussions happen when you take a bump to the head or blow it to the head. It can also be caused any time the head is moved violently back and forth, such as during a car accident wherein the body is violently thrown forward and then snapped back.
“Rapid movement causes brain tissue to change shape, which can stretch and damage brain cells. This damage also causes chemical and metabolic changes within the brain cells, making it more difficult for cells to function and communicate. Since the brain is the body’s control center, the effects of a concussion can be far-reaching. Concussions are usually not life-threatening, but the effects of a concussion can change a life, and the injury should be treated seriously.” –The Concussion Legacy Foundation
What are the symptoms of a concussion injury?
You should get medical attention after a car accident or slip and fall, regardless of whether or not you think you have a concussion. Concussions aren’t always obvious and they don’t always result in a loss of consciousness, which is why it’s so important to get care even if you don’t think you’re very hurt.
Nevertheless, someone with a concussion may show any of the following signs:
- Loss of consciousness.
- Balance problems.
- Signs of confusion.
- Vomiting.
- Headache.
- Dizziness.
- Sensitivity to light or noise.
- Dilation of the pupils.
- Seizures or convulsions.
It can take several days for concussion symptoms to appear. Concussions can come with emotional symptoms as well, such as anxiety, depression, mood swings, irritability, attention problems, or memory problems. Always seek medical attention if you think you have a concussion.
What is post-concussion syndrome?
While most concussions clear up in a few weeks or months, post-concussion syndrome lasts a lot longer. PCS is present when concussion symptoms last longer than two months. This syndrome occurs in approximately 10% of concussion cases.
Older patients are more at risk for PCS, as are those who suffered a severe impact. Those with a history of previous concussions, mood disorders, seizure disorders, migraines, ADHD/ADD, or learning disabilities may also be at risk.
PCS sufferers tend to have difficulty sleeping. They also tend to face cognitive difficulties, mood swings, and physical symptoms like headaches, neck pains, dizziness, and sensitivity to light and sound.
Do concussions count as catastrophic injuries?
They can be. As a result, personal injury cases involving concussions can be some of the most difficult ones to bring to a successful conclusion. This is because even though you need insurance companies the most when something like a TBI happens, this tends to be the moment when they fight the hardest.
Why? Because TBIs are expensive. If you need multiple scans and surgeries, those costs add up. If you spend any time in a coma, those bills add up. If you need time to relearn certain basic skills as a result of your injury, those bills add up too. If you’ve now completely lost your earning capacity because you spend most of your time dealing with blinding headaches or dizziness which makes it unsafe to work, the insurance companies now have to pay for a loss of earning capacity, too.
Some concussion cases will push the pain and suffering award right to its $370,000 cap, too.
Some settlements can be worth over a million dollars.
It’s impossible to say what your settlement will look like until we get a look at the facts of your case. Any personal injury settlement will include compensation for:
- Medical bills.
- Physical therapy bills.
- Reimbursement for prescriptions or medical devices.
- Lost wages.
- Loss of earning capacity, if applicable.
- A pain and suffering award.
If you have a concussion you need to work with an injury lawyer who is skilled at handling catastrophic injury cases. Even if your case isn’t quite so severe, the effects of head injuries can be harder to “see” and prove than the effects of more visible injuries, such as bone fractures. A great deal will depend on your lawyer’s ability to tell your story, and on the negotiation and litigation skills of the lawyer that you choose.
How to Negotiate Pain and Suffering Compensation With Insurance
Typical Concussion Settlement Amounts in Canada
Settlements for traumatic brain injury depend on a number of factors. Therefore, the severity of the injuries will influence how much money is awarded. If the damages are serious and severe, the compensation will be at its highest.
However, a minimal settlement will be reached if the injuries are minor. However, Canada has a standard traumatic brain injury compensation rate. You can get a general idea of how much money you might be able to recover for a brain injury by looking at the typical settlement amount.
Settlements for traumatic brain injury, also known as TBI, typically run from $5,000 to $10,000 in Canada. This amount can range from thousands to millions of dollars depending on your situation. However, this sum could be as little as $1,000 if the injuries are minor and common.
Need help with your concussion case?
Don’t leave a concussion personal injury case to chance. It will take hard work and legal expertise to get the settlement you deserve.
The quicker you involve a lawyer, the better your case will go.
Reach out to our law office today. Most of our lawyers have over 20 years of experience with personal injury law. If you can’t come to our convenient Edmonton offices, ask us about starting your case via Zoom meeting!
We’ve handled thousands of concussion cases just like yours, and we know what it takes to win. We’re also known as some of Edmonton’s toughest litigators and savviest negotiators. We’ll always tell you the truth and we work hard to remain responsive to each and every one of our clients.
Best of all, calling us is risk-free. All personal injury lawyers work on contingency, which means we don’t get paid until we bring your case to a successful conclusion. You don’t have to come up with a retainer. You don’t have to worry about paying an exorbitant hourly rate. All you have to do is tell us your story. If we decide to take you on as a client we’ll handle the rest. We’ll even communicate with insurance companies on your behalf.
The longer you wait, the weaker your pedestrian accident case gets. If you’ve been injured by someone else’s negligence, call (780) 413-9777 to get matched with one of our top-notch personal injury lawyers today.
Frequently Asked Questions
What is the typical concussion settlement amount in Canada?
The average settlement for a brain injury in Canada is between $5,000 and $10,000, which may be as low as $1,000 in particularly mild cases, despite the possibility of settlements in serious circumstances reaching millions of dollars.
What is the average payout for nerve damage in Canada?
A typical range for accident victims with mild to moderate injuries is $15,000 to $75,000. Victims of severe damage may receive anything from $100,000 to millions of dollars.
What is post-concussion syndrome?
Post-concussion syndrome is the term used when concussion symptoms last longer than originally after the initial injury. The healing process typically takes weeks to months. Some of the symptoms include headaches, fainting, problems with concentration, and memory loss.
What does it cost to have a concussion analyzed?
Concussion diagnostic and treatment costs can be high. A CT scan would cost you $1,500, whereas an MRI would cost about $3,500. An emergency hospital visit might cost you thousands of dollars.
