Personal Injury Potential Settlement Values: Mild Traumatic Brain Injury and Concussions
Brain injuries are classified as mild, moderate, or severe. The leading causes are vehicle-related collisions, falls, sports injuries, and assaults. Of these brain injuries, 70-90% are considered “mild” and are commonly referred to as “concussions”. It is important to realize, however, that there is nothing mild about a traumatic brain injury.
A brain injury, of any classification, must be taken very seriously. The brain is complex; any injury that causes a disruption of its normal functioning is a traumatic injury.
In this article, we will take a look at some potential symptoms of mild traumatic brain injury (mTBI), concussions, and historical examples of the personal injury settlement values victims have received:
Potential Settlement: Mild Traumatic Brain Injury – Physical Symptoms
An mTBI or concussion may include physical symptoms such as headaches, ringing in the ear (tinnitus), dizziness, insomnia, fatigue, and loss of one or more of the five senses. As a result, individuals may experience trouble with skills such as writing or drawing; a sudden contraction or tightening of muscles; and problems with balance and walking.
In 2004, the Court in Dwyer v Douglas Lake Cattle Co, 2004 BCSC 1487 awarded the injured person $150,000 for an mTBI that caused significant physical problems.
Potential Settlement: Mild Traumatic Brain Injury – Cognitive Symptoms
An mTBI or concussion may include cognitive problems which impact attention, concentration, memory, information processing, reasoning, and planning. As a result, individuals may experience trouble talking and listening, difficulty with reading, writing, and sequencing of events.
In 2005, the Court in Hornick v Kochinsky, 2005 CanLII 13784 awarded the injured person $125,000 for various injuries that included an mTBI which caused cognitive problems.
Potential Settlement: Mild Traumatic Brain Injury – Emotional Symptoms
An mTBI or concussion may include emotional symptoms such as irritably, depression, anxiety, and mood swings. Individuals with an mTBI might experience verbal outbursts, impulsive behaviour, or a lack of motivation.
In 2013, the Court in Pelletier v Ontario, 2013 ONSC 6898 decided the injured person should be awarded $250,000 for various injuries that included an mTBI which caused significant emotional problems.
Receiving the Settlement You Deserve
People often believe that settlement value is mostly determined by the extent of the injury. While this is a factor, the most important information is how the injury has impacted your life. In other words, what does the injury prevent you from being able to do and how does this affect you?
A thorough lawyer should take the time to fully understand your specific situation, including your life and responsibilities before and after your accident, to ensure you do not under-settle your case. By quantifying every possible loss, you are more likely to receive a just settlement that will help to ease the financial burdens that usually occur during recovery.
If you have sustained a personal injury at another party’s fault, please contact me and my team of experienced personal injury lawyers for a free consultation.
More on Personal Injury from Roger R. Foisy:
- Some Do, We Don’t – Roger R. Foisy Addresses Toronto Star Article
- New Concussion Blood Test Developed with a 90% Accuracy Rate!
- How Speech-Language Pathologists Help Traumatic Brain Injury Victims
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