June marks Brain Injury Awareness Month in Canada, a time dedicated to raising public awareness about the impact of traumatic brain injuries (TBIs) and promoting better support systems for survivors and their families. While brain injuries can happen in an instant, their consequences can last a lifetime. In Alberta, thousands of individuals each year suffer from TBIs due to motor vehicle accidents, falls, sports injuries, assaults, or workplace incidents.
For survivors and their loved ones, the aftermath can be overwhelming emotionally, legally, and financially. Knowing your rights and the legal pathways available to pursue compensation is essential in securing long-term care and rebuilding your life. This article provides a detailed overview of your legal rights after sustaining a TBI in Alberta and how a personal injury lawyer can help.
The Scope and Impact of Traumatic Brain Injuries in Alberta
Brain injuries range in severity from mild concussions to severe, permanent cognitive impairments. Regardless of how the injury is classified, TBIs often result in complex symptoms that affect memory, motor skills, speech, mood, and personality. In many cases, survivors are unable to return to work, participate in daily activities, or maintain their previous standard of living.
According to Brain Injury Canada, approximately 160,000 Canadians sustain a brain injury each year. Alberta’s high rate of motor vehicle use, physically demanding jobs, and outdoor sports culture contribute to a significant number of head injuries province-wide. Despite these statistics, brain injuries often remain invisible to the public and even to those closest to the injured individual.
How Traumatic Brain Injuries Commonly Occur
Understanding how TBIs occur is essential to identifying when legal recourse may be available. Common causes in Alberta include:
- Motor vehicle accidents, including collisions involving cars, trucks, motorcycles, bicycles, and pedestrians
- Slips, trips, and falls on public or private property due to unsafe conditions
- Workplace accidents, particularly in construction, oil and gas, and agriculture
- Assaults or intentional harm
- Sports and recreational activities without proper safety protocols
In many cases, these injuries result from negligence, whether from another driver, a property owner, an employer, or an organization responsible for safety.
Recognizing the Signs and Consequences of a Traumatic Brain Injury
TBIs can have delayed or subtle symptoms that worsen over time. Survivors might experience chronic headaches, dizziness, fatigue, difficulty concentrating, mood swings, or sleep disturbances. In more serious cases, they may suffer from seizures, speech difficulties, or paralysis.
From a legal perspective, it is critical to recognize the full extent of an injury to ensure fair compensation. Early diagnosis and ongoing medical evaluation play a vital role in demonstrating how the injury has affected your life and what future needs you may have.
Your Right to Compensation After a Traumatic Brain Injury
If someone else’s negligence or wrongdoing caused your brain injury, you may have the right to pursue a personal injury claim in Alberta. Such a claim aims to recover compensation (“damages”) that reflects the harm you’ve suffered. These may include:
- Medical expenses (past and future)
- Lost income and loss of earning capacity
- Rehabilitation and therapy costs
- Pain and suffering
- Loss of enjoyment of life
- Costs for future care, such as assisted living or home modifications
Providing these types of claims requires establishing that someone else was at fault for your injury. A qualified personal injury lawyer can help gather the necessary evidence, consult with medical experts, and build a case that reflects the actual impact of your injury.
Navigating Alberta’s Limitation Periods
The limitation period is one of Alberta’s critical aspects of filing a personal injury claim. In most cases, you must file a lawsuit two years from the accident date. However, certain exceptions may apply, especially if the injured person is a minor or mentally incapable of managing their legal affairs.
It’s essential to consult a lawyer as soon as possible after a brain injury. Waiting too long may jeopardize your ability to sue, resulting in lost evidence and missed opportunities to document your condition early on.
Dealing with Insurance Companies After a Brain Injury
After a TBI, you may need to interact with one or more insurance companies: your own insurer, the insurer of the at-fault party, or an employer’s insurer. While these companies are responsible for providing benefits or coverage, their interests are not always aligned with yours.
Insurers may attempt to minimize payouts, deny that a brain injury is severe, or argue that your symptoms existed before the accident. Brain injuries are particularly vulnerable to this type of scrutiny, given that they often lack visible signs and can be challenging to prove without detailed medical documentation.
A personal injury lawyer acts as your advocate during these interactions, ensuring that you are not pressured into accepting a lowball settlement and that your rights are fully protected.
Proving a Brain Injury in a Personal Injury Case
Demonstrating the extent of a brain injury requires both legal strategy and experienced support. Courts rely on medical evidence, including CT scans, MRIs, neuropsychological testing, and testimony from treating physicians or specialists. It may also be necessary to involve occupational therapists, life care planners, and vocational experts who can explain how your injury has affected your ability to work and live independently.
Family members, coworkers, and caregivers can also provide crucial observations about behavioural changes, cognitive decline, or emotional challenges the injured person has experienced.
Special Considerations for Children and Youth
Brain injuries in children present unique legal and medical challenges. Because the brain continues developing into early adulthood, the full effects of a pediatric TBI may not become evident until years later. Alberta law recognizes this uncertainty by pausing the limitation period for children until they reach 18, giving families more time to initiate legal action.
Nevertheless, it’s wise to begin documenting the injury and seeking legal advice early on. This helps ensure a comprehensive claim that can support a child’s lifelong needs, whether for education, therapy, or assisted living.
The Role of a Personal Injury Lawyer in Your Recovery
Surviving a brain injury can be an all-consuming journey. A personal injury lawyer does more than file paperwork or represent you in court. They coordinate with medical experts, gather evidence, manage deadlines, and negotiate with insurers so that you can focus on your recovery. They also ensure that any settlement you receive is not only fair but structured to cover your long-term needs, including ongoing treatment, loss of income, and future care costs.
Choosing a lawyer with experience in TBI cases is essential. Brain injury claims are often complex and require a nuanced understanding of medical conditions, evolving symptoms, and future care planning.
Community Resources and Support in Alberta
In addition to legal support, many organizations in Alberta assist individuals and families dealing with brain injuries. These include:
- Brain Care Centre (Edmonton and area)
- Association for the Rehabilitation of the Brain Injured (Calgary)
- Alberta Brain Injury Initiative
These organizations provide everything from peer support to occupational therapy referrals and can be an important part of the healing process.
Experienced Alberta Personal Injury Lawyers Assisting Clients With Traumatic Brain Injuries
A traumatic brain injury can drastically alter a person’s life and profoundly impact their loved ones. At Cuming & Gillespie LLP, we understand the immense challenges that come with a traumatic brain injury, regardless of the apparent severity of the accident. If you or a family member has sustained a brain injury due to an accident or another party’s negligence, you need dedicated and empathetic legal guidance. Our experienced personal injury lawyers will support you through every stage of your claim, including navigating rehabilitation and treatment. Don’t face this complex process alone. Call us at 403-571-0555 or online to schedule your consultation today.