Should I hire a lawyer after a motor vehicle accident in Ottawa?

While it's not mandatory to hire a lawyer after a motor vehicle accident, it's highly recommended, especially if you've suffered injuries. Here are some reasons why hiring a legal team like ours may be beneficial: Knowledge and expertise: Our personal injury lawyers specialize in motor vehicle accident cases and understand the legal complexities involved. We have the knowledge and experience to navigate the legal system, assess your case, and provide you with appropriate guidance. Advocacy and protection: Our lawyers will be your advocate, protecting your rights and interests throughout the process. We will handle communications with insurance companies, negotiate settlements, and, if necessary, represent you in court. Maximizing compensation: Our experienced lawyers will work to ensure you receive fair compensation for your injuries, medical expenses, lost wages, pain and suffering, and other damages. We can help you build a strong case and assess the true value of your claim. Reducing stress: Dealing with the aftermath of a motor vehicle accident can be overwhelming, especially if you're injured. By working with our team, you can focus on your recovery while we handle the legal aspects of your case, providing you with peace of mind.

Are there any time limits for filing a lawsuit after a motor vehicle accident in Ottawa?

Yes, there are time limits, known as statutes of limitations, for filing a lawsuit after a motor vehicle accident. These time limits can vary depending on the type of claim and the jurisdiction. In Ontario, the general time limit to file a personal injury lawsuit is two years from the date of the accident.

What types of compensation can I seek after a motor vehicle accident in Ottawa?

After a motor vehicle accident, you may be eligible to seek various types of compensation, depending on the circumstances of your case. Here are some common types of compensation that you can pursue: Medical expenses: You can seek compensation for all reasonable and necessary medical expenses related to your accident, including hospital bills, doctor's visits, surgery costs, prescription medications, rehabilitation, and ongoing medical treatments. Lost wages: If your injuries prevent you from working, you may be entitled to compensation for the income you have lost and the potential earnings you could have made during your recovery period. This includes both past and future lost wages. Pain and suffering: You may be able to seek compensation for the physical and emotional pain, suffering, and distress caused by the accident and your injuries. This includes the impact on your quality of life, loss of enjoyment of activities, and any psychological trauma you have experienced. Rehabilitation and therapy: If your injuries require ongoing rehabilitation, physical therapy, or specialized treatments, you can seek compensation for these expenses. This may include costs associated with occupational therapy, counselling, assistive devices, and home modifications. It's important to consult with our legal team so we can assess your unique and specific situation, evaluate the damages you may be entitled to, and guide you through the process of seeking fair compensation.

Brain Injuries & Concussions in Ottawa

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At Bergeron Clifford, we understand the profound impact that brain injuries and concussions can have on individuals and their families, and we are dedicated to providing the legal support and guidance needed to seek justice and fair compensation.

Our team of experienced and compassionate lawyers is well-versed in personal injury law, specifically in cases involving brain injuries and concussions. We are committed to providing personalized and empathetic legal services to our clients, ensuring that their unique needs and circumstances are taken into account throughout the legal process.

Causes of Brain Injuries and Concussions

Brain injuries and concussions can occur in various situations, often resulting from accidents or traumatic events. It is important to be aware of the common causes to understand the potential risks and take appropriate precautions. Some of the primary causes of brain injuries and concussions include:

Motor Vehicle Accidents

Motor vehicle accidents, depending on the severity of the impact, can cause serious injuries. Car accidents, motorcycle accidents, and pedestrian accidents can result in severe head injuries, potentially leading to brain injuries due to the force of a collision or sudden stop that can cause the brain to jolt within the skull.¹ With numerous highways throughout Ottawa, including the Queensway, 416, and 174, along with busy streets and intersections, like Hunt Club Road at Riverside Drive and Catherine Street at Kent Street, it is paramount to stay cautious and aware of your surroundings when travelling throughout the city.

Slip and Fall Accidents

Slip and fall accidents can also result in brain injuries and concussions. When an individual falls, and their head strikes a hard surface, such as the ground or a solid object, the impact can lead to severe head trauma. These accidents can occur in various settings due to causes such as slippery floors, uneven surfaces, or inadequate safety measures. According to Ottawa Public Health, falls represented approximately 38% of concussion-related emergency room visits from 2003 to 2018.

Sports Injuries

Contact sports like football, hockey, and soccer, and solo sports like skiing or skateboarding, carry an inherent risk of head trauma. The physical nature of these sports and the potential for collisions, falls, or impacts increase the likelihood of brain injuries and concussions. Brain Injury Canada notes that sports-related concussions pose significant challenges in terms of diagnosis, assessment, and management.² With the heightened focus on Rowan’s Law and safety around sports, the Ottawa Sports Council has released a Concussion Awareness document outlining facts and details to educate about the symptoms and other problems associated with this type of injury.

Workplace Accidents

Certain professions, such as construction or manufacturing, may expose workers to hazardous conditions that increase the likelihood of brain injuries or concussions. Falls from heights, being struck by falling objects, or accidents with heavy machinery can all result in serious head injuries. Employers have a responsibility to provide a safe working environment, implement safety protocols, and ensure that employees have access to proper protective equipment to minimize the risk of brain injuries. Key findings from this study highlighted that up to 80% of workplace incidents and injuries were preventable.

Long-Term Effects of Brain Injuries and Concussions

Brain injuries and concussions can have lasting consequences on an individual’s physical, cognitive, and emotional well-being. Some potential long-term effects of brain injuries include:

Physical Impairments: Head injuries can result in chronic headaches, dizziness, fatigue, and difficulty with balance and coordination. They can also lead to speech difficulties and trouble understanding others or talking. Severe brain injuries could result in permanent disability.
Cognitive Challenges: Brain injuries may lead to memory problems, difficulty concentrating, decreased problem-solving abilities, and impaired judgment.
Emotional and Behavioral Changes: Individuals may experience mood swings, irritability, anxiety, depression, or changes in personality after a brain injury.³
Financial Burden: The cost of medical treatments, rehabilitation, and ongoing care can place a significant financial strain on individuals and their families.⁴

Traumatic Brain Injuries

Traumatic brain injuries (TBIs) differ from other brain injuries primarily in their cause and nature. TBIs occur as a result of external trauma, such as a blow or impact to the head, whereas other brain injuries can stem from non-traumatic causes like strokes, tumours, or infections.

In terms of their effects, TBIs often lead to more immediate and observable symptoms due to the sudden disruption of brain function. These symptoms can include loss of consciousness, confusion, and memory problems.⁵

Furthermore, TBIs are often categorized by severity, ranging from mild concussions to severe injuries with potential long-term consequences.

How Our Lawyers Can Help

At Bergeron Clifford, our team is dedicated to helping individuals and their families navigate the legal complexities and seek the compensation they deserve. Here’s how we can assist you:

1

Thorough Evaluation

We will conduct a comprehensive assessment of your case, gathering evidence, consulting medical experts, and determining liability. Our goal is to understand the extent of your injuries and the impact they have on your life.

2

Expert Legal Advice

Our seasoned lawyers will provide expert guidance, explaining your rights, legal options, and potential outcomes. We want to ensure that you have a clear understanding of the legal process and make informed decisions about your case.

3

Compensation and Damages

We will focus on pursuing fair compensation for your medical expenses, rehabilitation costs, lost wages, pain and suffering, and any other damages you may be entitled to.

4

Strong Legal Representation

Our lawyers will negotiate with insurance companies and opposing parties on your behalf. If necessary, we are prepared to litigate your case in court to protect your rights and interests.

Contact Us Today

If you or a loved one has been injured in a motor vehicle accident in Ottawa, our team at Bergeron Clifford is ready to help you through this difficult time and fight for your rights. We offer compassionate and skilled legal services to ensure you receive the fair compensation you deserve.

Time is of the essence when it comes to pursuing a personal injury claim following a motor vehicle accident. That’s why we are committed to providing you with the information you need to make informed decisions about your case. For more information on our services, please contact us.

Frequently Asked Questions

What if my loved one has suffered a brain injury or concussion and is unable to make decisions regarding legal matters?

In situations where your loved one has sustained a brain injury or concussion that renders them incapable of making decisions regarding legal matters, it may be necessary for you to assume the role of their litigation guardian. As their guardian, you can initiate a personal injury claim on their behalf to seek the fair compensation they deserve for their injuries.

To navigate this complex process successfully, we highly recommend seeking the counsel of our team. Our knowledgeable attorneys can provide you with invaluable guidance, explaining the legal intricacies involved in pursuing a claim and ensuring that your loved one’s best interests are safeguarded throughout the entire process.

Additionally, your lawyer can advise you on the appropriate legal framework for representing your loved one, whether it involves obtaining power of attorney, seeking guardianship, or acting as a legal representative through other means. We will help you navigate the legal requirements and procedures involved, ensuring that your loved one’s rights are protected.

What evidence is important in a brain injury or concussion case?

In a brain injury or concussion case, gathering and presenting the right evidence is crucial for establishing the severity and impact of the injury, as well as proving liability and seeking appropriate compensation. At Bergeron Clifford, our lawyers will provide sound advice and support in gathering this evidence. Here are some key types of authentications that are important in such cases:

Medical Records: Detailed medical records are essential in documenting the diagnosis, treatment, and prognosis of the brain injury. These records may include hospital reports, emergency room records, doctor’s notes, surgical reports, rehabilitation records, and any other relevant medical documentation. These documents provide valuable information about the nature and extent of the injury and can help establish a causal link between the accident and the brain injury.
Diagnostic Tests: Diagnostic tests such as CT scans, MRI scans, X-rays, and other neuroimaging studies can provide visual evidence of a brain injury and its effects. These tests can reveal abnormalities, bleeding, swelling, or structural damage to the brain, helping to validate the injury and its impact.
Witness Statements: Witness statements from individuals who observed the accident or interacted with the injured person before and after the incident can be vital in corroborating the cause and consequences of the brain injury. Eyewitnesses, family members, friends, colleagues, or other individuals who can provide firsthand accounts can offer valuable perspectives on the injured person’s condition and how it has affected their daily life, behaviour, or cognitive abilities.
Accident Reports: If the brain injury occurred as a result of an accident, such as a car crash, workplace incident, or slip and fall, obtaining official accident reports is paramount. These reports are typically generated by law enforcement agencies, workplace safety boards, or other relevant authorities. They provide important details about the accident, including the circumstances, contributing factors, and any citations or findings related to negligence or liability.

Expert Opinions: Expert opinions from qualified medical professionals and specialists in the field of brain injuries can carry considerable weight in a case. These experts can review the medical records, diagnostic tests, and other evidence and provide professional assessments regarding the cause, nature, and long-term effects of the brain injury. Their opinions can help establish the link between the injury and the accident, determine the extent of the damages, and provide insights into the injured person’s future medical needs and potential disability.

How long do head injury claims take?

The duration of head injury claims can vary depending on various factors, such as the complexity of the case, the severity of the injury, and the legal processes involved. It is challenging to provide an exact timeframe as each case is unique, but generally, head injury claims can take several months to several years to resolve.

The initial investigation and gathering of evidence can take a significant amount of time, as it involves obtaining medical records, accident reports, witness statements, and expert opinions. This process is essential for building a strong case and establishing the link between the accident and the head injury.

After the evidence is gathered, the legal proceedings begin, which can include negotiations with insurance companies, filing a lawsuit if necessary, and potentially going through the court system. These stages can also add to the overall timeline of the case.

Additionally, factors such as the availability of medical professionals, the cooperation of involved parties, and the backlog of court cases in your jurisdiction can impact the duration of the claim.

It’s important to remember that the primary goal is to ensure a fair and just resolution for you or your loved one’s injuries. While it can be a lengthy process, working with our team can help navigate the legal system with ease and potentially expedite the proceedings when possible.

Sources

¹ Dischinger, P., K. Read, T. Kerns, S. Ho, J. Kufera, C. Burch, N. Jawed, A. Burgess, and F. Bents. 2003. “Causes and Outcomes of Mild Traumatic Brain Injury: An Analysis of Ciren Data.” Annual Proceedings / Association for the Advancement of Automotive Medicine 47: 577–89. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217580/.

² Rachel. 2023. “Statistics – Brain Injury Canada.” March 21, 2023. https://braininjurycanada.ca/en/statistics/#TBI..

³ Karissa. 2020. “Effects of Brain Injury | Brain Injury Canada.” Braininjurycanada.ca. September 29, 2020. https://braininjurycanada.ca/en/caregiver/effects-brain-injury.

⁴ Chen, Amy, Ksenia Bushmeneva, Brandon Zagorski, Angela Colantonio, Daria Parsons, and Walter P Wodchis. 2012. “Direct Cost Associated with Acquired Brain Injury in Ontario.” BMC Neurology 12 (1). https://doi.org/10.1186/1471-2377-12-76.

⁵ Blennow, Kaj, David L. Brody, Patrick M. Kochanek, Harvey Levin, Ann McKee, Gerard M. Ribbers, Kristine Yaffe, and Henrik Zetterberg. “Traumatic brain injuries.” Nature reviews Disease primers 2, no. 1 (2016): 1-19.