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Catastrophic Injury

What Happens to the Brain in a Car Crash?

What Happens to the Brain in a Car Crash?

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Traumatic brain injuries are among the most common injuries caused by car accidents in Canada today and can range from mild to life-altering. It is estimated that each year, about 150,000 Canadians will suffer some form of brain injury, many of which are the result of a car accident. 

The Dangers of a TBI

A traumatic brain injury is damage sustained to the brain due to a sudden blow or jolt to the head. The most common causes of these injuries are car and motorcycle accidents, falls, sports injuries, and assaults, and they can range in severity from mild concussions to permanent brain damage. Those who suffer from severe brain injuries may need emergency surgery and extensive, long-term care. Even moderate brain injuries may require rehabilitation and a need to relearn some skills. 

During the impact of a car accident, the brain moves in a back and forth motion inside the skull, colliding with the interior of the skull bone. This can lead to bleeding inside the brain, bruising, and torn nerve fibers. The person who has sustained a traumatic brain injury may experience confusion, blurred vision, dizziness, or lost consciousness. They may not even remember the accident.

The Anatomy of a Brain Injury

After the initial impact, from outside appearance, the individual may seem fine. But the brain can continue to undergo trauma, swelling and pushing against the interior of the skull, sometimes reducing the amount of blood and oxygen to the brain. This can be even more dangerous than the primary injury. Consequently, a traumatic brain injury that is not immediately detectable after a car accident may cause the victim’s condition to significantly decline in the hours and days after the original accident. 

Getting Legal Advice

If you have sustained a brain injury in a car crash in Ontario, you may be able to hold the at-fault driver accountable for your injuries and damages. At Hilborn and Konduros, we are here to help. Our team of Cambridge personal injury lawyers offers a no-cost consultation to discuss your case. You deserve to be fairly compensated for your injuries and costs. Call us today at (519) 658-6341 or contact us via our website. 

How Contributory Negligence Factors Into a Car Accident Lawsuit

How Contributory Negligence Factors Into a Car Accident Lawsuit

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Often, car accidents have multiple points of fault. For instance, one car runs a stop sign and causes an accident, but the driver of the other vehicle was not wearing a seatbelt. Had the other driver been wearing a seatbelt, their injuries would have been far less extensive. 

Who is at Fault and in What Proportion?

In this case, the driver who wasn’t wearing a seatbelt would be at some degree of fault for their own injuries. This is called contributory negligence and what will factor into a personal injury lawsuit that determines liability and compensation for the injured parties. 

How Does Contributory Negligence Work?

If an injured party is found to have contributed to the accident and subsequent injuries, the percentage of their compensation will be reduced by the proportion of their fault. This ensures that all parties who contributed to the accident only be held liable for their own percentage of fault. Consequently, if you have been injured in a car accident, but it was found that you were 25 percent responsible for factors causing those injuries, your compensation will be reduced by 25 percent. 

How is Contributory Negligence Proven?

Negligence is broken down into key elements, each one requiring proof in itself. Proving negligence can be complicated and require substantial evidence.

Because both parties will often want to point fault at the other after an accident, it is critical to have the assistance of a personal injury lawyer advocating for you. A skilled lawyer will conduct in-depth investigations including getting witness interviews, securing photos and video of the scene, reconstructing the accident with skilled professionals, and proving the nature and extent of the injuries. 

If you have been involved in a car accident where another driver was at fault, it is important to get the advice of a Cambridge car accident lawyer to understand your rights as well as your options. Contact the personal injury attorneys at Hilborn and Konduros for a no-cost consultation at (519) 658-6341 to understand your rights if you have been involved in a car accident. 

Links Between Traumatic Brain Injuries and Dementia

Links Between Traumatic Brain Injuries and Dementia

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According to Brain Injury Canada, by the year 2031, traumatic brain injury is expected to become the most common form of neurological conditions affecting our population, right up there with Alzheimer’s and dementia. The interesting thing is that we now know that there is a link between the two. 

A traumatic brain injury is one caused by a blow or jolt to the head. While mild TBIs were thought to temporarily affect brain cells, with more serious brain injuries having long-term consequences, ongoing studies have found that certain types of TBIs may increase a victim’s risk of developing dementia years after the initial injury took place. 

Even a History of Moderate TBIs Can Create a Greater Risk for Dementia

One of the most important studies showed that older adults with a history of a moderate traumatic brain injury had a 2.3 times greater risk for Alzheimer’s than those without a history. Those with a history of a severe TBI showed a 4.5 greater risk for dementia. In addition, a study published by the Journal of Neurology found that a history of TBIs can accelerate the age at which cognitive decline can happen. 

While there is no current evidence suggesting that a history of mild TBIs shows any greater risk for dementia, the current emerging data shows that repeated injuries such as those experienced in contact sports show a higher risk of chronic traumatic encephalopathy, another form of dementia. 

Chemical Changes in the Brain

While further research will be needed to fully understand the link between traumatic brain injury and dementia, we are beginning to understand how TBIs change brain chemistry. Within hours of a traumatic brain injury, levels of beta-amyloid, a hallmark Alzheimer’s protein, increase in the brain. Chronic traumatic encephalopathy shows deposits of another Alzheimer’s hallmark, tau protein. 

While not everyone who experiences a traumatic brain injury will go on to develop dementia, it’s important to get any head trauma looked at immediately by a health care provider after an injury or accident. If you or a loved one has sustained a TBI in an accident, let our Cambridge personal injury lawyers help. Contact us for a no-cost consultation. (519) 658-6341

Things You Must Know About Pain and Suffering Claims in Ontario

Things You Must Know About Pain and Suffering Claims in Ontario

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If you have been injured in Ontario, you may be eligible for compensation for your damages. This can include compensation for what is called “pain and suffering.” 

The term pain and suffering is a blanket legal term that refers to physical and emotional pain and turmoil that you have suffered as the result of your injuries. Unfortunately, pain and suffering is highly subjective and can be difficult to quantify for purposes of an injury claim. 

What Will Be Considered When Determining a Pain and Suffering Award?

Here in Canada, compensation for pain and suffering is not an easy thing to pursue. An injured party must exhibit serious physical, mental, or psychological impairment to be awarded pain and suffering compensation. 

When considering a pain and suffering claim, the court will consider many things, including:

  • The nature of the injury
  • The severity of the injury
  • The severity and duration of the pain 
  • Emotional suffering
  • The injured party’s age
  • Any disability
  • Any loss of life expectancy
  • Any loss of amenities
  • Impairment of life
  • Impairment to family, marital or social relationships

as well as other things that the court may consider relevant to the claim. 

Caps on Awards

There are also caps on pain and suffering awards in Ontario to consider. In 1978, the Supreme Court imposed caps on the amount of compensation that could be awarded in these claims. These are adjusted periodically for inflation and are currently at $390,883. But awards are usually far below this except in the most serious of cases. 

Getting Legal Assistance

Substantial documentation is needed to prove pain and suffering in Ontario. As an injured party, the onus of proof is yours which can be difficult if you are suffering severe disability from your accident. Having the guidance of a skilled Ontario personal injury lawyer is critical. Contact the personal injury lawyers at Hilborn & Konduros Law Firm for a free consultation at (519) 658-6341 to discuss your case. 

What is Considered a Catastrophic Injury in Ontario?

What is Considered a Catastrophic Injury in Ontario?

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While many car accidents result in injuries that heal over time with medical care, some impact accident victims for a lifetime, causing physical and emotional impairment and suffering for the individual and grave financial hardships for the family. On top of this, changes to the law here have made it more difficult for victims to collect compensation for their devastating injuries. 

Under Ontario law, catastrophic injuries are defined as one of the following:

  • Paraplegia
  • Tetraplegia
  • Blindness
  • Amputation
  • Severe impairment of the ability to move or walk
  • Impairments that result in a 55 percent whole person impairment
  • Impairment due to mental or behavioural disorders

Each one of these carries its own set of criteria to be considered catastrophic in nature. 

How Changes in the Law May Affect You as an Injury Victim

Placing restrictions on what can be considered catastrophic under the law was just part of the government’s changes. The other change that could significantly affect injury victims was a cap placed on catastrophic injury claims. In effect, these were cut in half. 

Before these changes, an injury victim could receive medical benefits and attendant care for up to $1 million each, totaling $2 million. These have been cut in half to $1 million in total. In addition, non-earners (those who were not employed for six months of the year before the accident) used to be eligible for benefits for the rest of their lives. The new laws limit this to $185 per week for up to two years. 

These changes have a significant impact on those whose lives are forever changed by a catastrophic injury. 

Get Professional Legal Advice

If you have suffered a catastrophic injury in Ontario, you may be able to sue the at-fault party for your damages in some instances. The Ontario catastrophic injury lawyers at Hilborn and Konduros can offer answers to your questions and provide legal options so you can heal. Call us at (519) 658-6341 to get help with your injury claim. 

Compensation for Pedestrians Who Have Been Hit by a Car in Ontario

Compensation for Pedestrians Who Have Been Hit by a Car in Ontario

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Whenever pedestrians and motorists share the road, any collision between the two usually leaves the pedestrian the most vulnerable party. And any collision between a car and a pedestrian will almost always result in serious injuries to the pedestrian. Fortunately, you may be entitled to compensation as a pedestrian hit by a car.

Data from Transport Canada finds that pedestrians are 284 times more likely to be injured or suffer a fatality when involved in a collision with a motor vehicle. Whether a pedestrian is crossing the street or even merely in close physical proximity to traffic or a moving car, they can be vulnerable to a negligent driver. 

When Are Pedestrians Most at Risk?

Many accidents occur due to the inattention or negligence of a driver. Pedestrians are particularly at risk of injuries due to accidents involving

  • Distracted drivers
  • Speeding drivers
  • Impaired drivers
  • Drivers who fail to stop or yield
  • Left-hand turns
  • Backing up vehicles
  • Parking lots
  • Inclement weather conditions

Catastrophic Injuries When Cars Meet Pedestrians

When a pedestrian is hit by a large vehicle, even when that vehicle is not moving at a high speed, catastrophic injuries are likely.

Pedestrian accidents can result in:

  • Fractures 
  • Soft tissue injuries
  • Internal organ injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Paralysis
  • Amputations
  • Fatality

Although pedestrian accident victims are entitled to insurance benefits regardless of fault, these benefits may not be enough to offset the physical and emotional costs of these serious injuries. 

Compensation for Pedestrian Accident Injuries

When a pedestrian is catastrophically injured by a car, additional compensation may be available by holding a negligent driver responsible for these injuries. This is when getting the legal advice of a skilled Ontario accident injury lawyer is critical. Call the personal injury attorneys at Hilborn and Konduros for a no-cost consultation at (519) 658-6341 to understand your rights if you have been injured in a pedestrian accident. 

Catastrophic Injury Benefits That You May Be Entitled To in Ontario

Catastrophic Injury Benefits That You May Be Entitled To in Ontario

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Each year, hundreds of catastrophic injuries take place in Ontario as the result of accidents on our roads, injuries on public and private properties and in places of employment. Catastrophic injuries have life-altering consequences for people who are involved in these accidents and can mean a lifetime of costly medical and rehabilitative interventions and continuing care. 

When individuals have suffered a permanent disability due to an accident, they can qualify for a catastrophic impairment under Ontario’s accident benefits. Under our current legislation, a catastrophic impairment is defined by one or more of the following:

  • Paraplegia or quadriplegia
  • Amputation
  • Vision loss in both eyes
  • Traumatic brain impairment that results in 1) a score of 9 or less on the Glasgow Coma Scale, 2) a score of 2 or 3 on the Glasgow Outcome Scale, 3) a 55 percent or more impairment of the whole person, or 4) a class 4 or 5 impairment to mental or behavioural ability as set out by the American Medical Association’s Guides to the Evaluation of Permanent Impairment.

What These Designations Can Mean for an Injured Party

If you have been catastrophically injured in an accident that has resulted in an impairment under these guidelines, you will have access to significant additional benefits for your medical and rehabilitative costs as well as attendant care benefits, both of which offer benefits up to one million dollars. Unfortunately, proving catastrophic impairment can be overwhelming for an injured party and their family and difficult to prove with insurance companies often challenging or outright denying those benefits. 

If you or a family member has sustained a catastrophic and permanent disability in Ontario, you owe it to yourself to understand your rights to these additional benefits under our laws. At Hilborn and Konduros, we are here to help. Call our team of Ontario permanent disability lawyers to discuss your options after a catastrophic injury. (519) 658-6341.

Compensation for Pedestrians Who Have Been Hit by a Car in Ontario

Compensation for Pedestrians Who Have Been Hit by a Car in Ontario

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Whenever pedestrians and motorists share the road, any collision between the two usually leaves the pedestrian the most vulnerable party. And any collision between a car and a pedestrian will almost always result in serious injuries to the pedestrian. Fortunately, you may be entitled to compensation as a pedestrian hit by a car.

Data from Transport Canada finds that pedestrians are 284 times more likely to be injured or suffer a fatality when involved in a collision with a motor vehicle. Whether a pedestrian is crossing the street or even merely in close physical proximity to traffic or a moving car, they can be vulnerable to a negligent driver. 

When Are Pedestrians Most at Risk?

Many accidents occur due to the inattention or negligence of a driver. Pedestrians are particularly at risk of injuries due to accidents involving

  • Distracted drivers
  • Speeding drivers
  • Impaired drivers
  • Drivers who fail to stop or yield
  • Left-hand turns
  • Backing up vehicles
  • Parking lots
  • Inclement weather conditions

Catastrophic Injuries When Cars Meet Pedestrians

When a pedestrian is hit by a large vehicle, even when that vehicle is not moving at a high speed, catastrophic injuries are likely.

Pedestrian accidents can result in

  • Fractures 
  • Soft tissue injuries
  • Internal organ injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Paralysis
  • Amputations
  • Fatality

Although pedestrian accident victims are entitled to insurance benefits regardless of fault, these benefits may not be enough to offset the physical and emotional costs of these serious injuries. 

Compensation for Pedestrian Accident Injuries

When a pedestrian is catastrophically injured by a car, additional compensation may be available by holding a negligent driver responsible for these injuries. This is when getting the legal advice of a skilled Ontario accident injury lawyer is critical. Call the personal injury attorneys at Hilborn and Konduros for a consultation at (519) 658-6341 to understand your rights if you have been injured in a pedestrian accident.