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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

How Will COVID-19 Impact Long-Term Disability in Ontario?

How Will COVID-19 Impact Long-Term Disability in Ontario?

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COVID-19 has disrupted life as we knew it one short year ago. We have continued to see the health and economic consequences of the virus throughout Canada and learn more about its potential repercussions each day. 

As we learn more, it appears that the pandemic may have an impact on long-term disability in Ontario and worldwide. While our government has taken important steps to curtail the spread of the virus, for those 808,000 Canadians who have been infected, some will likely be suffering serious health effects both short-term and long-term. This may have a significant impact on long-term disability claims in the future. 

According to Mary Ann McColl, academic lead for Canadian Policy Disability Alliance and an epidemiologist at Queens University, “This is a whole new source of disability.”

Understanding the Consequences of COVID-19 Long Term

Worldwide, we are still trying to understand the effect that COVID-19 will have on our health in the future. The Lancet published information indicating that people who were hospitalized for COVID-19 but were discharged were still suffering from symptoms six months later. The Mayo Clinic has published a list of serious long-term and chronic issues that may be caused by the virus, including

  • Heart damage — imaging has indicated that COVID-19 recovery patients have shown lasting damage to the heart, even if they only suffered a mild case of COVID-19
  • Lung damage — COVID-related pneumonia has been shown to cause damage to alveoli in the lungs as well as scar tissue that can cause breathing issues.
  • Brain damage — COVID-19 has been shown to cause strokes, seizures, and Guillain-Barre syndrome in COVID-19 sufferers. It is even suggested that COVID increases the risk of developing Parkinson’s disease as well as Alzheimer’s. 

Depending on the terms of the policy, long-term disability benefits may be available to you if you are unable to work because of the complications and long-term effects of COVID-19. If you aren’t sure about your rights to long-term disability, contact the Ontario long-term disability lawyers at Hilborn and Konduros at (519) 658-6341 to understand if you may be covered.  

Why You Should Never Delay Treatment After an Accident in Ontario

Why You Should Never Delay Treatment After an Accident in Ontario

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Especially during these times of COVID-19, injury victims may be reluctant to seek medical treatment after an accident in Ontario. Unfortunately, this can not only cause you to suffer from your injuries needlessly, but lack of immediate medical attention after an accident can derail any claim you may file subsequently for your injuries. 

Injuries That Can Worsen With Time

Although some injuries may seem minor after an accident, things such as traumatic brain injuries or soft tissue injuries can become apparent days or even weeks after the accident. According to the National Institute on Neurological Disorders and Stroke, whiplash, a common injury in a car accident, will often take several days to become apparent. Things such as brain bleeds can cause symptoms as elusive as a headache but can have life-threatening implications. 

Waiting to get medical care can worsen the severity of an injury, particularly ones that rely on critical immediate diagnosis to curtail their severity. 

How a Delay in Treatment Can Hinder Your Injury Claim

After an accident, your insurance company will look at the actions you took immediately after the accident when considering a settlement for compensation. Unfortunately, injured parties who do not seek medical attention immediately after their accident can be seen adversely by the insurance company. Insurance may use it to show that your injuries were not as severe as you claim. This can result in a reduction of benefits or even a denial of your claim. 

If you seek further compensation from the at-fault driver, the driver will only be liable for the injuries directly sustained in the accident. If you delay treatment, you run the risk of your condition worsening and the at-fault driver not being considered responsible. 

If you have been injured in a car accident in Ontario and are having difficulty getting fairly compensated by insurance, contact the personal injury team at Hilborn and Konduros at (519) 658-6341 to get important legal advice about your options. 

How a Slip and Fall Claim Against a Municipality Differs From One Against a Private Owner in Ontario

How a Slip and Fall Claim Against a Municipality Differs From One Against a Private Owner in Ontario

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We are in the middle of winter, which is slip and fall weather here in Ontario. Unfortunately, slip and fall accidents can result in serious injuries. As an injury victim, you may be able to file a slip and fall claim against the property owner. But what if you sustain your injury on public property?

A Slip and Fall Accident on City Property

In Ontario, walkways and other areas on city property are often in a state of disrepair and can be icy in the winter. This can lead to slip and fall accidents. But unlike private properties, Ontario’s Municipal Act governs a slip and fall accident on any city property. These are handled differently than if you had sustained an injury on private property. 

A Different Standard of Care 

A slip and fall accident occurring on private property is governed by the Occupiers’ Liability Act and requires proof of the owner’s negligence for a successful claim. But for the city to be held liable for an injury on public property, Ontario’s Municipal Act requires that the injured party prove that there was gross negligence involved. Consequently, since the standard of care is different, not all slip and fall accidents on city property may be eligible for an injury claim. 

A Time Limit to File

There is also a 10-day time limit for a slip and fall claim to be filed in order to succeed against a city or municipality. The city must be advised by registered mail of a slip and fall occurrence within ten days of the accident. Failure to do that can potentially void a claim against the city for your injuries. 

Slip and fall accidents can cause severe injuries and extensive costs. You may be able to hold the city accountable, but a slip and fall claim against a municipality is often challenging to prove. If you have suffered a slip and fall accident on municipal property in Ontario we may be able to assist you with a claim against the city. Call the personal injury lawyers at Hilborn & Konduros Law Firm for a free consultation at (519) 658-6341 to discuss your case. 

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. 

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What You Need to Know When Filing for Disability Benefits in Ontario

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If you are unable to work due to a disability, you may have the ability to file a claim for disability benefits with your private or employer disability insurance policy. Unfortunately, many people are denied these benefits by their insurance companies. Before you file, know what you will need so there is less chance of a denial. 

Know What You Are Covered For

In Canada, if you are disabled, you may be able to file a disability claim for anything that can affect your ability to work. But your policy may have limitations and specific requirements on what it will consider a covered disability. Before you file a claim, you should understand what your policy’s limitations are.

Supporting Medical Evidence

When filing a disability claim, you will need supporting medical evidence of your diagnosis and your future prognosis. Insurance companies are constantly looking for fraud, which means that people with legitimate claims will find it harder to prove them. Consequently, it is imperative that you keep all medical records, attend all appointments, and follow your provider’s treatment plan. It is also important not to post anything on social media that may be incriminating to your claim.

You may also want to offer supporting evidence from family members and friends about how your disability affects your everyday life. This is evidence that will not show up on your medical records. 

Filing For Disability Can Be Complicated

Paperwork for filing for a disability claim may be very complicated, and any mistake can be used to justify a denial. Getting a fair settlement may require negotiation, which is why you want to be armed with as much confirming evidence as possible. You may even need the help of expert witnesses or an attorney to help you substantiate your claim. 

You Have a Right to Appeal

If you have been denied disability, you have the right to appeal. It is helpful to get an experienced Ontario disability lawyer’s assistance to guide you through the appeal process to get the benefits you need. 

If you need help filing for disability benefits or guidance in an appeal, the experienced disability insurance lawyers at Hilborn & Konduros Law Firm are here to help. Contact us for a free consultation at (519) 658-6341 to discuss your claim.

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Helpful Tips for Claiming Long Term Disability

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Review and understand your long-term disability policy.  Your policy will clarify all you important information about your long-term disability benefits including how to apply, time deadlines, your benefit amount and what is covered.

Pay careful attention to complete and submit the correct application forms and avoid missing deadlines. There will typically be multiple documents to be completed by different parties such as yourself and your doctor. The sooner these forms are completed and sent to your insurance company, the sooner your insurance company will be able to start their review of your claim for long-term disability benefits. 

  • Be honest about your claim to your doctor, and to your insurance company. Don’t exaggerate or embellish your claim.
  • Don’t delay as there are time limits for claiming long-term disability benefits.
  • Keep records and notes of everything relating to your claim for long-term disability benefits including summarizing your medical history, a list of the doctors and treatment providers that you have seen, as well as your symptoms, diagnoses, test results, prognosis and medications
  • Document the activities that you are limited from doing or that you are no longer able to do as a result of your injury or illness. This should include an explanation about what has impacted your ability to work.
  • Do not participate in any activities that might suggest that you are dishonest or not disabled. It is surprisingly common for insurance companies to conduct surveillance during the course of a long-term disability claim which your insurance company will attempt to use against you! This includes monitoring your social media.
  • DON’T SETTLE before reviewing with an experienced disability benefit lawyer.
  • Contact us at Hilborn and Konduros if your claim is denied, we have the experience to help.

The Difficulty of Proving Long-Term Benefit Needs for Chronic Pain Settlements in Ontario

The Difficulty of Proving Long-Term Benefit Needs for Chronic Pain Settlements in Ontario

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Those who suffer from chronic pain can tell you that it is a very real thing. But because chronic pain may have very vague and elusive symptoms and unknown causes, proving it for purposes of insurance benefits and chronic pain settlements in Ontario may be extremely difficult. 

The Far-Reaching Impact of Chronic Pain on Daily Life

Chronic pain is medically and legally defined as pain lasting more than twelve weeks. One in five people in Canada experience chronic pain from an accident injury. It can take on many different symptoms and can interfere not only with an individual’s movement and stamina but also with things like sleep and mood. Individuals who suffer from chronic pain know that it can affect almost every aspect of their lives and in some people, it can cause depression and social withdrawal. Research has shown that chronic pain sufferers are at double the risk for suicide. 

No Cure for Chronic Pain

Chronic pain currently cannot be “cured” although there are some options available for sufferers such as surgery, pain medications, nerve blocks, physical therapy, and alternative therapies such as acupuncture. Opioids are sometimes recommended for severe cases. 

Unfortunately, chronic pain may often be experienced non-locally and can’t always be diagnosed through conventional physical methods. In some cases, chronic pain may have been initiated by an injury and while the injury may have healed, the pain continues to get worse. This makes chronic pain very difficult to prove for insurance benefit purposes and also makes it difficult to determine the value of a claim.

Chronic Pain Settlements in Ontario

If chronic pain has been affecting you and your ability to work, you may be able to file for injury benefits from an accident injury that initially caused your pain or apply for long-term disability benefits. If you have been suffering from chronic pain, the Ontario long-term disability lawyers at Hilborn and Konduros may be able to help. Call us at (519) 658-6341 to discuss your legal rights.