Brain injury and Canadian law can be a terrible experience. A brain injury is confusing, devastating, angry and depressing—and that’s just the physical trauma. The road to healing begins with the brain, but continues with support in all elements of your life—from a family-based support system to a financial support system. Unfortunately, financial stability can be extremely difficult when you’re coping with a brain injury. The good news is—Canadian law knows this. And it wants to help.
Brain Injury and Canadian Law—Know your Rights
As a brain-injury victim you need to know your rights as they are defined in Canadian law:
- You have the right to file a brain injury-related personal injury claim.
- You have the right to obtain legal representation to aid you in filing a successful claim .
- You have the right to apply for long-term disability benefits .
- You have the right to negotiate an out-of-court settlement agreement (if you so choose).
In addition to rights, you also are required to adhere to specific responsibilities, specifically:
- Your claim must be filed within the statute of limitations, which here in Ontario requires that you file within two years of the accident (unless there are mitigating circumstances).
- The burden of proof falls on you—so you are required to thoroughly document your injuries and the accident.
- If you are unhappy with the outcome, you may have the option to file an appeal with the Supreme Court of Canada.
Brain Injury—The Compensation
Here in Canada, brain-injury victims may be compensated for on-going medical costs, loss of income (past, present and future), loss of opportunity, out-of-pocket expenses and minimal pain and suffering. There is a cap to pain and suffering compensation under Canadian law. Currently the cap for pain and suffering under Canadian law is just over $340,000. Having said that, general compensation in this area is significantly lower than that figure.
Limits of Insurance Under Canadian Law
Canadian law dictates that in the case of brain injury-related insurance claims, the claim amount may not exceed the value of the insurance policy. In these claims, not only must the claim amount not exceed the value of the policy, it also must be thoroughly established that there was no negligence on your part to operate in a manner considered safe. For example, if you were in a car accident where your car malfunctioned and caused the accident—it must be proved that the vehicle had been cared for with an adequate level of maintenance to ensure safety.
Brain injury compensation awards here in Canada generally leverage a structured settlement arrangement. The reason for this is that it ensures your financial stability over the long-term, and offers you tax-free compensation.
Launching a Brain Injury Claim
If you’ve been injured in an accident and want to file a personal injury claim—your first step is to call Jane Conte. Our lawyers have the experience—and patience— with brain injury and Canadian law that is necessary to guide you through the process, and to result in the compensation that you need.