Recovering after an Acquired Brain Injury: Legal Steps for Oshawa Residents

An acquired brain injury (ABI) is one of the most devastating consequences of a serious accident. Unlike conditions you are born with or those that develop over time, an acquired brain injury happens after birth and is often caused by trauma such as a car accident, a fall, or a blow to the head. For Oshawa residents, understanding the legal and medical steps involved in recovery is essential, especially when negligence plays a role.

What Is an Acquired Brain Injury?

An ABI refers to any brain damage caused by an external force or medical event after birth. In the context of personal injury law, these injuries frequently result from:

• motor vehicle collisions (car, motorcycle, or pedestrian accidents)

• slip and fall incidents

• sports injuries or assaults

Symptoms can range from headaches and dizziness to severe cognitive impairment, speech difficulties, and personality changes. These injuries often require long-term rehabilitation and can permanently alter a person’s ability to work or live independently.

Legal Rights for ABI Victims in Ontario

Ontario law provides two main avenues for compensation:

1. Statutory Accident Benefits (SABS) under the Insurance Act

   These benefits cover medical rehabilitation, income replacement, and attendant care, even if you were partially at fault.

2. Tort claims against negligent parties

   If another driver or party caused the accident, you may pursue a lawsuit for pain and suffering, future care costs, and loss of income.

Early legal advice is critical because symptoms of brain injuries often appear days or weeks after the accident, complicating claims. Documenting medical visits and cognitive changes strengthen your case.

Understanding Court Decisions in Brain Injury Cases

Ontario courts recognize the profound impact of brain injuries. Here are a few examples:

• Kwok v. Abecassis, 2017 ONSC 164 (CanLII)

  In this case, the plaintiff sustained a serious traumatic brain injury after a multi-vehicle collision. The court found the defendants negligent and awarded over $2 million in total damages, including compensation for pain and suffering, future care, and income loss.

• Taylor v. Zents, 2024 ONSC 166 (CanLII)

  A 47-year-old plaintiff with concussion-related chronic pain and psychological impairments received $250,000 in general damages, reflecting courts’ growing recognition of “invisible” injuries like mild traumatic brain injury (mTBI). 

• Duffy v. McDaniel 2024 ONSC 1479 (CanLII)

  Despite contributory negligence concerns, the Ontario Superior Court approved a settlement of $901,957.06, emphasizing the importance of skilled advocacy in complex brain injury cases.

These precedents show that compensation depends on injury severity, prognosis, and impact on daily life. Structured settlements are often used to ensure long-term financial security for victims.

Why Hire a Car Accident Lawyer in Oshawa?

Navigating accident benefits and tort claims can be overwhelming, especially when dealing with cognitive challenges. A car accident lawyer in Oshawa can:

• coordinate medical assessments and rehabilitation plans

• challenge insurance denials for “invisible” injuries

• calculate future care costs and lost earning capacity

• negotiate structured settlements for lifelong support

Local firms understand Ontario’s insurance system and have experience securing compensation for ABI victims. Many offer free consultations and work on a contingency basis, meaning you pay nothing unless your case succeeds.

Steps to Take after an ABI

1. Seek immediate medical care: Even mild symptoms warrant evaluation.

2. Document everything: Keep records of symptoms, treatments, and expenses.

3. Consult a lawyer early: Legal deadlines under Ontario law are strict.

4. Focus on rehabilitation: Compensation should cover physiotherapy, occupational therapy, and psychological support.

Your Path to Recovery and Legal Support

Recovering from an acquired brain injury is a long journey that affects you physically, emotionally, and financially. If your injury resulted from a car accident or another person’s negligence, you have rights under Ontario law to pursue compensation for care and quality of life. Partnering with an experienced car accident lawyer in Oshawa ensures you receive the support and resources needed for recovery. Contact Kelly Greenway Bruce today!