Many people underestimate the impact that a concussion can have on a person’s life. Though classified as a mild traumatic brain injury (mTBI), a concussion can have physical, cognitive, and emotional effects that affect your ability to work, spend time with loved ones, and perform daily tasks. Furthermore, Vancouver Coastal Health warns that having just one concussion increases your risk for future head injuries.
If you sustained a concussion in an accident in British Columbia, you may be entitled to file a mild traumatic brain injury claim seeking compensation for your medical bills, lost income, and the consequences the TBI has had on your daily life. Contact Warnett Hallen LLP today to arrange a free consultation with a member of our skilled legal team.
Why Is It Important to Hire a Brain Injury Lawyer for My Case?
Head injuries are often invisible to others, which makes concussion injury claims more difficult to prove than a personal injury case involving broken bones or visible wounds. Insurance companies often downplay concussion injuries or suggest that an accident victim is exaggerating their symptoms. An experienced brain injury lawyer can help you build a strong case by gathering compelling medical evidence, consulting with specialists, and demonstrating the true extent of your injuries.
At Warnett Hallen LLP, our proven lawyers bring decades of experience to every personal injury claim we handle. Helping injured people seek compensation is what we do, but you’re more than just a case to us. Your well-being matters, and our team is here to support you throughout the claims process. After all, our motto is Settle for More — because anything less than fair compensation is unacceptable.
Schedule a free case review today to learn your legal options.
Common Causes of Concussions and Mild TBIs
Concussions and mild traumatic brain injuries can happen in many different types of accidents throughout British Columbia, such as:
- Motor vehicle accidents ‒ When vehicles crash, occupants can strike their heads on windows, dashboards, or steering wheels. The sudden jerking motion can also cause the brain to move within the skull, resulting in a concussion even without direct physical contact.
- Slip-and-fall accidents ‒ Property owners who fail to address hazards or provide adequate warnings may be responsible when someone suffers a concussion on their premises.
- Bicycle accidents ‒ While helmets reduce the severity of many injuries, they cannot prevent all concussions. Drivers who fail to watch for cyclists or municipalities that neglect to maintain safe road conditions may be liable for resulting brain injuries.
- Workplace accidents ‒ Falling objects may strike construction workers, while employees in any setting can slip on wet floors or trip over obstacles. In some cases, injured employees may file a third-party claim seeking compensation that goes beyond standard workers’ compensation benefits in BC.
- Sports and recreational activities ‒ Sports like hockey, skiing, and snowboarding carry inherent risks, but organizers and facility operators must still take reasonable safety measures. When inadequate supervision, faulty equipment, or dangerous conditions cause a head injury, you may have a valid brain injury case.
Filing a Concussion or mTBI Claim in BC
Filing a concussion injury claim in British Columbia involves several steps:
- Seek medical attention – Any blow to the head carries the potential for a brain injury. Even if you feel fine initially, symptoms can develop over hours or days. A medical professional can assess your injuries and begin appropriate treatment.
- Gather evidence – Take photographs of the accident scene, collect contact information from anyone who witnessed the incident, and obtain copies of any accident reports. Keep detailed records of your injury-related medical appointments, treatments, and how your symptoms affect your daily life.
- Consult a trusted brain injury lawyer – In BC, you generally have two years from the date of an accident to file a personal injury claim. However, it is best to contact a lawyer as soon as possible. Your lawyer can act quickly to investigate the circumstances of the accident that led to your head trauma, determine who was at fault, and calculate a fair value for your claim.
Compensation for Concussion and Mild TBI Victims
Concussion compensation can cover several types of losses related to your injury, including:
- Medical expenses, such as emergency room visits, neurological assessments, imaging tests, medications, and ongoing medical treatments, such as rehabilitation costs
- Lost income for work you missed during your recovery
- Reduced future earning potential if your injury creates lasting limitations
- Physical pain and emotional distress caused by your injury
- Compensation for household services if your injury prevents you from performing tasks yourself
Challenges in Proving Concussion and mTBI Claims
Proving a concussion injury claim presents unique challenges compared to other types of injuries. Unlike severe traumatic brain injuries, the signs of a concussion may not appear on standard imaging tests. The hidden nature of these injuries can lead insurance companies to question whether you are truly injured.
Additionally, symptoms can vary widely between individuals and may have a delayed onset. Some people experience symptoms within hours, while others may not notice problems for several days. This gap can make it harder to establish a clear connection between your accident and your symptoms, which is why it’s crucial to seek medical care even when you feel unharmed.
Insurance adjusters may also point to pre-existing conditions or suggest that your symptoms stem from other causes, particularly in cases where post-concussion syndrome leads to prolonged symptoms that make recovery slower than expected. A solid mTBI case relies on thorough medical documentation, expert testimony, and a careful presentation of how the accident changed your life.
Recognizing the Symptoms of a Concussion
Understanding the signs of a concussion can help you seek prompt medical attention and strengthen any potential personal injury claim you later choose to file. Common concussion symptoms include:
- Loss of consciousness
- Headaches
- Dizziness
- Nausea
- Sensitivity to light or noise
- Balance problems
- Blurred vision
- Ringing in the ears
- Neck pain
- Cognitive difficulties, such as trouble concentrating
- Brain fog
- Memory loss
- Irritability and mood changes
- Sleep disturbances
- Anxiety
- Depression
If you experience any of these symptoms after an accident, contact a medical professional immediately. An early concussion diagnosis and prompt medical treatment can help you avoid worsening symptoms, rule out severe injuries, and support your legal claim. Make sure to see a doctor if symptoms persist, which may indicate complications that result in a permanent injury or lasting cognitive impairment.
Contact a Brain Injury Lawyer at Warnett Hallen LLP Today
You don’t need a severe brain injury to seek compensation in British Columbia. If you suffered a concussion or mild traumatic brain injury in an accident, the experienced personal injury lawyers at Warnett Hallen LLP can evaluate your case and explain your legal options during a free initial consultation. Contact our Vancouver office today to get started.