Traumatic brain injuries (TBIs) can cause permanent and catastrophic harm to victims, upending their lives forever. When a person sustains a head injury through another party’s negligence, they may be entitled to seek compensation by filing a brain injury insurance claim. However, understanding how the claims process works is crucial. These claims are often complex, and securing full and fair compensation can be vital to cover medical expenses, lost income, long-term care, and to maintain a reasonable quality of life.
Common Causes of Brain Injuries Outside of Car Accidents
While car accidents are a leading cause of brain injuries, they’re far from the only one. Other types of incidents that can lead to serious brain injuries include:
- Slip-and-fall accidents
- Sports injuries
- Bicycle accidents
- Pedestrian accidents
- Assaults or violent incidents
Types of Insurance Claims That May Apply
Several types of insurance may apply after a brain injury in British Columbia, depending on where and how the injury happened. Potential claims include:
- Occupiers’ liability insurance – Covers injuries sustained due to unsafe conditions on someone else’s property, such as slippery floors, inadequate lighting, or poorly maintained structures
- Homeowners or commercial liability insurance – Applies when a property owner or business fails to prevent foreseeable harm, such as trip hazards, faulty equipment, or other negligence
- Private disability insurance – Provides benefits when an individual’s ability to work is affected by a brain injury, and the insurer denies or limits coverage
Steps to File an Insurance Claim for a Brain Injury in BC
Filing an insurance claim in British Columbia after a brain injury requires you to take specific steps as soon as possible:
- Seek immediate medical attention.
- Report the incident to the property owner, business, employer, or other responsible party.
- Follow all medical treatment recommendations.
- Gather evidence, including medical records, photographs, witness information, and any incident reports.
- Identify the relevant insurer and notification deadlines.
- Keep records of medical care, lost income, and other effects of the TBI.
- Contact an experienced brain injury lawyer to review your legal rights and options.
Challenges in Brain Injury Insurance Claims
Brain injury insurance claims can be difficult, whether the injury is mild, moderate, or severe. In some cases, the harm is obvious right away. In others, the full effects become evident over time.
Even when a brain injury is serious, insurers may still dispute coverage, liability, the extent of the losses, or the need for ongoing treatment and support. Claimants may also face delays, repeated requests for medical records, and settlement offers that don’t remotely represent the full impact of their injury.
How a Vancouver Personal Injury Lawyer Can Help With Brain Injury Claims
A serious brain injury creates an immediate and overwhelming need for frequent medical care and significant lifestyle adaptations. If you or someone you love is coping with the symptoms of a TBI, a skilled personal injury lawyer can investigate the incident, prepare a brain injury claim, and handle all negotiations with the insurance company on your behalf.
Warnett Hallen LLP pursues maximum compensation for brain injury victims in Vancouver and throughout British Columbia. Contact a member of our compassionate legal team today to arrange a free initial consultation.
