How Much is a Brain Injury Case Worth in Ontario?

Traumatic brain injuries (TBIs) can drastically change the lives of both victims and their families. Whether it’s a mild traumatic brain injury like a concussion or a severe traumatic brain injury, the aftermath often includes financial strain, emotional distress, and physical challenges. 

When a brain injury is caused by negligence—perhaps in a car accident or workplace incident—victims may be entitled to compensation. However, determining the worth of a brain injury settlement is far from straightforward. The value of a traumatic brain injury settlements and claims vary significantly depending on multiple factors. Let’s explore how these elements influence how much a brain injury case is worth. 

Understanding Traumatic Brain Injuries

Brain injuries occur on a spectrum, ranging from mild traumatic brain injuries, like concussions, to catastrophic injuries, such as a diffuse axonal injury or penetrating brain injury. Each of these types of injuries can impact a person’s life in unique ways. A mild brain injury might cause temporary cognitive difficulties and headaches, while a severe traumatic brain injury can result in permanent disability or even the need for lifelong care.

Traumatic brain injuries can happen in many different ways—car accidents, slip and falls, and other types of accidents are common causes. Brain injury victims often face significant medical bills, emotional distress, and a loss of independence, all of which must be considered in a brain injury lawsuit. For those dealing with catastrophic injuries, the long-term effects can be overwhelming. This is why brain injury settlements must account for not only current needs but also future medical expenses, rehabilitation, and personal care.

Factors that Influence the Value of a Traumatic Brain Injury Claim

When considering how much compensation a brain injury case might bring, it’s important to recognize that no two cases are the same. Every traumatic brain injury case is unique, and several factors can heavily influence the value of a brain injury claim. Here are the key aspects to consider:

1. Severity of the Injury

The severity of the brain injury plays the largest role in determining the value of the claim. Mild traumatic brain injuries, such as concussions, typically lead to smaller settlements. However, even a mild injury can lead to long-lasting effects such as cognitive issues or emotional instability. These cases still warrant compensation, albeit usually on the lower end of the spectrum.

Severe traumatic brain injuries, on the other hand, tend to result in much larger settlements. Victims of severe injuries often require ongoing medical treatment, rehabilitation, and may never be able to return to work. These cases often involve claims for future lost wages, ongoing care, and pain and suffering, leading to larger payouts. 

2. Medical Expenses

Medical bills quickly add up after a traumatic brain injury, whether the injury is mild or severe. A traumatic brain injury settlement typically covers these costs, which may include emergency room visits, surgeries, rehabilitation, therapy, medications, and future medical treatment. Ongoing expenses, especially in severe cases, can include costs related to long-term care or home modifications to accommodate disabilities. The more extensive the treatment required, the higher the potential brain injury settlement.

3. Lost Wages and Future Earning Potential

A traumatic brain injury often affects a person’s ability to work. Whether the injury temporarily puts the victim out of work or permanently reduces their capacity to earn, compensation for lost wages and future earnings is a critical part of a brain injury claim. If a brain injury victim is unable to return to their previous job or has to take a lower-paying role, this loss of income will be factored into the settlement. In cases of severe traumatic brain injury, this can significantly increase the value of the claim because an assessment of lost wages and lost pension will determined the amount of the loss over the person’s lifetime

4. Pain and Suffering

The emotional toll of a brain injury is often profound. From dealing with post-traumatic stress disorder (PTSD) to enduring cognitive difficulties and personality changes, the non-economic damages in a traumatic brain injury case are considerable. Pain and suffering compensation aims to account for this emotional distress, which is difficult to quantify but plays a major role in the overall value of the claim. In brain injury settlements, damages for pain and suffering often account for a significant portion of the total award.

What Are Typical Settlement Amounts for Brain Injury Cases?

In Canada, the average settlement for traumatic brain injury cases varies significantly based on the severity of the injury and other factors. For mild traumatic brain injuries, like concussions, settlements can range from a few thousand dollars to five-figure sums. For more severe injuries that result in permanent cognitive or physical impairments, claims and settlements can provide compensation that go well into the six figures. 

It’s important to note that these figures represent estimated averages. In reality, no two personal injury cases are alike, and the details of each traumatic brain injury case can significantly affect the outcome. A penetrating brain injury or diffuse axonal injury may result in far higher settlements due to the need for long-term care, lost wages, and pain and suffering. The settlement for traumatic brain injuries will reflect not just medical bills but also the emotional and psychological toll on the victim.

Insurance Benefits for Brain Injury Victims in Ontario

In Ontario, brain injury victims may be entitled to accident benefit claims through the Statutory Accident Benefits Schedule (SABS), a no-fault system that helps cover medical and rehabilitation costs, income replacement, and caregiving services.

In addition to accident benefit claims, many Ontario residents may also have access to critical illness insurance. This type of insurance pays out a lump sum if the policyholder suffers a critical illness, such as a severe brain injury. 

For those with long-term disability insurance, benefits may also be available if the traumatic brain injury leaves the victim unable to return to their previous occupation. This kind of support is critical in ensuring ongoing financial stability while recovering from a brain injury.

How an Experienced Personal Injury Lawyer Can Help

Dealing with a traumatic brain injury claim can be complex and emotionally draining. Insurance companies may try to minimize payouts, leaving victims without the fair compensation they need. An experienced personal injury lawyer can advocate on behalf of brain injury victims to ensure they receive a fair and just settlement.

A personal injury lawyer can help navigate the intricate details of a brain injury lawsuit, including calculating lost wages, negotiating with insurance companies, and securing compensation for medical expenses, pain and suffering, and future care needs. 

The impact of a traumatic brain injury extends far beyond the immediate aftermath. From overwhelming medical bills to emotional trauma and lost wages, the costs of a brain injury can accumulate quickly. While every brain injury claim is different, we hope that shedding some light on the personal injury law factors that influence settlement amounts can help victims and their families prepare for what lies ahead.

If you or a loved one has suffered a brain injury, consider reaching out to an experienced personal injury at McNally Gervan. Take the first step today.