The brain is the most significant and complex organ of human body. Therefore, any physical injury or mental stress caused to the brain can prove to be traumatic and life-threatening. It requires a lot of mental strength, willpower and right legal assistance to bring everything back to normal which includes financial stability, future security and learn to live with disabilities and physical limitations. With the ever-increasing cases of brain injury accidents, the community of brain injury lawyers toronto, have come up with an initiative to educate the public about the complexities and legalities involved. As mentioned in www.globalnews.ca, even if a person survives the accident, life becomes very difficult and complicated.
Some of the common causes for the brain injuries include:
1. Car accidents
2. Two-wheeler accidents
3. Pedestrian accidents
4. Workplace incident
5. Medical malpractices at hospitals
6. Use of degraded and defective product
7. Personal conflicts and misunderstandings
Common symptoms of traumatic brain injury, the timely diagnosis and treatment of which is significant include:
• Functional disabilities: loss of control over a particular part of the body leading to a state of partial or complete paralysis. As a result, the victim becomes dependent on others for lifelong.
• Loss of sensation: If a part of the brain is affected, it may result in losing the capabilities of vital senses like hearing, vision, smelling, tasting etc.
• Communication capabilities: The victim loses control over clarity of speech, understanding and reasoning and expression
• Emotional: Due to the sudden change in lifestyle and other medical reasons, the victim can soon get into depression and start experiencing social divergence, anxiety, low confidence, subdued personality.
Few of the above symptoms are evident, but some of them seep into over the time and therefore a close look onto their behavioral changes should be kept.
The procedural specifications for claiming the compensation involve:
• Timelines: There are strict timelines, within which a claim should be filed.
• Need to identify the defendant, against whom the suit would be filed. Like in case of a road collision, usually the driver of the vehicle would be the defendant. In a workplace incident, an employer is responsible for settling the claim. If the injury caused due to negligence in public utilities, a complaint can be filed against local authority etc.
• Your lawyer would arrange for proofs and testimonies of witnesses through interviews and inspection of the place of the incident.
• Then the attorney will submit the letter of claim to the representative of the defendant.
• Parallelly, he will initiate the correspondence with the defendant’s insurance company by providing all proofs, medical reports etc.
• Your representative can negotiate the rehabilitation proposal by defendant’s insurance company, to settle the case out of court.
• If the discussions are not satisfactory, the case moves into the court. Especially in case of brain injury lawsuits, since the amount of compensation is quite high. Therefore, it usually ends up being negotiated in the court.
• Once the documents are being presented to the judge, the judge may decide the date of procedural hearing. Depending on the final judgement regarding the claim amount is given court will instruct both the parties with the process and timelines to settle down the claim at the earliest.