Brain Injuries

There is no charge to speak with us about your case. Call us or fill out the form — it’s fast, and it’s free. We want to know how you or your loved one has been hurt so we know how best to help. And it’s important to remember: In most cases you will never be asked to pay for our help until the end of the case. Learn more about contingency fees here.

Your Lerners lawyer and supporting legal team will collect needed information from you and others about the nature of your injury and begin preparing your case. We also work to ensure important insurance forms are filled out properly and timely and that all requirements are met.

We not only support you with legal expertise but also work to connect you with rehabilitation and medical professionals to treat your injuries and speed up your recovery. While you recuperate, our lawyers ensure you secure what you need to enjoy the best possible quality of life in the wake of your injury.

Each case is different, and Ontario’s legal and insurance systems can move slowly; however, we work hard to ensure that your case moves forward as speedily as possible without compromising on what we need to do to guide it to a successful result. A legal case can require some patience, but we will update you throughout so that you understand what is happening at every stage of your case. We will continue to advocate on your behalf for as long as necessary.

Paying for legal representation can vary depending on several factors, including the lawyer’s fee structure, the nature of the case, and the financial situation of the injured person. It’s important to discuss fee arrangements and potential costs during an initial consultation. In our contingency fee retainers (no fee unless we recover money by settlement or award), you won’t be charged for our services. We can’t promise you a specific outcome — this can be an involved and complicated process, but we can promise to remain at your side from start to finish and never give up. Click here to learn more about contingency fees.

Experiencing a loved one suffering from a severe traumatic brain injury is incredibly difficult. Here are the immediate steps you should consider:

Call emergency services (911 or local emergency number) if this hasn’t been done already. Prompt medical care is critical in the case of a severe traumatic brain injury.

Once medical professionals are involved, follow their instructions closely. This may involve providing necessary medical history, authorizing treatments, or making decisions regarding your loved one’s care.

Contact other family members and close friends to inform them of the situation. They can provide emotional support and assistance during this challenging time.

If possible, gather information about the injury, such as how it occurred and any details from witnesses. This can be helpful for medical professionals and for future reference.

Keep a record of medical documents, treatments, and any communications with healthcare providers. This will be valuable for continuity of care and potential legal or insurance purposes.

Determining legal responsibility for a traumatic brain injury typically involves assessing whether someone else’s actions or negligence caused or contributed to the injury. Determining legal responsibility for a traumatic brain injury can be complex and often requires professional legal assistance. An experienced lawyer can guide you through the process and advocate for your rights to seek compensation for the injury and its consequences.

In Canada, the time limit for filing a lawsuit related to a traumatic brain injury (or any personal injury) is governed by the concept of “limitation periods.” These limitation periods specify the time within which a legal action must be commenced after the cause of action arises. A lawyer should be consulted for accuracy, as there are often special limitation periods or time limited notice requirements.

In a traumatic brain injury case, several types of damages can typically be pursued, depending on the circumstances of the injury and the applicable laws in the jurisdiction. Here are the common types of damages that may be sought: medical expenses; lost earnings; pain and suffering; loss of consortium; loss of enjoyment of life; punitive damages; wrongful death damages.

If you suffer a traumatic brain injury at your workplace, you typically have several options, including pursuing compensation through Workers’ Compensation or Occupational Health and Safety Regulations or by launching a personal injury lawsuit or an employer negligence lawsuit: A Lerners lawyer can explain your options.

In some cases, yes. If you or your loved one sustained a traumatic brain injury, and there is some degree of fault attributed to you or your loved one, it can affect your ability to file a lawsuit and the potential outcome. It’s crucial to seek legal advice from a qualified personal injury lawyer who specializes in brain injury cases. They can assess the specific circumstances of your case, evaluate the degree of fault involved, and explain your legal options. They can also help navigate complex legal issues and maximize the potential compensation available to you.

If an insurance company offers a settlement soon after a traumatic brain injury occurs, it’s crucial to approach the decision carefully. While a quick settlement offer may seem tempting, especially if you’re facing immediate financial pressures, it’s essential to consider the long-term implications of your injury. Consulting with a lawyer can provide clarity and ensure you make an informed decision that protects your rights and interests moving forward.