Your brain controls your thoughts, movements and behaviour. This is why any injury to your brain can harm your mental and physical health in many different ways – and ultimately prove to be very costly. However, if you suffered brain injury in a car, truck, motorcycle or bicycle accident, you may be entitled to file a claim with the Insurance Corporation of British Columbia (ICBC).
Klein Lawyers is here to help you. For more than 20 years, we have provided valuable assistance to those in Vancouver and throughout British Columbia who have suffered severe, life-changing head injuries and brain damage in an accident.
We know how to seek the maximum amount in an ICBC settlement and, if necessary, take cases to court in order to fight for what our clients deserve. We are ready to get to work for you today. Call or submit our online form for a free consultation.
Should You Hire a Lawyer for Your ICBC Brain Injury Claim?
You may read or hear from others that you do not need a lawyer to pursue an ICBC claim after a motor vehicle accident. Technically, this is true. However, in reality, you should always get help from a lawyer – especially if you or a loved one has suffered severe harm such as a brain injury.
Through the years, Klein Lawyers has obtained millions of dollars in ICBC settlements on behalf of our clients, including those who suffered mild to severe brain injuries. We believe we can make a major difference in the amount that you obtain in your case.
When you contact us about your ICBC head and brain injury claim, you can expect services that include:
- A free consultation – We will review your case at our Vancouver office or at a location that is more convenient for you. We will answer your questions and explain what lies ahead.
- Assistance with medical treatment – A brain injury may involve extensive medical treatment. We can help you to navigate our medical system so you get the care you need.
- A complete investigation – We work with highly skilled motor vehicle accident investigators. We will determine why your accident occurred, including whether another person is responsible for it.
- Consultation with experts – We also can use the insights of accident reconstruction specialists and medical experts to determine why your brain injury occurred and how it has impacted you financially, physically and emotionally.
- Review of your coverage – We will examine your Basic Autoplan coverage and any other coverage that may be available to pay for your losses, including underinsured motorist coverage or excess coverage.
- Filing of your claim – We will handle all of the steps involved with filing an ICBC claim while you concentrate on your treatment and rehabilitation.
- Negotiating of a settlement – We can prepare your case for settlement talks with the ICBC claims adjuster. Our goal will be to ensure you get a full and fair amount. We will vigorously protect your interests at every stage in your case.
- Going to court – If ICBC refuses to agree to a settlement that compensates you for all of your brain injury-related damages, our skilled trial lawyers will present a strong case for you in court.
- Making sure you get paid – Regardless of whether we reach an ICBC settlement or obtain a judgment in court, we will move quickly to collect and disburse the funds from your award so you have the money you need to move on in your life.
Because a brain injury can majorly impact your life, you should never accept an ICBC settlement before you talk with a lawyer. Klein Lawyers will help you to avoid making the mistake of agreeing to a settlement for less than what your case is worth.
Should You Get Checked for Potential Head and Brain Injury?
Traumatic brain injuries (TBI) or acquired brain injury (ABI) are terms that refer to physical damage to the brain. The damage typically comes from:
- A sudden, violent blow to the head that sets the brain colliding into other parts of the inner skull
- An object penetrating the brain, including pieces of fractured skull
- Any other trauma that deprives the brain of oxygen.
These injuries can readily occur in motor vehicle accidents – even when a motorist is wearing a seat belt or a bicyclist or motorcyclist is wearing a helmet. An “open” head injury occurs when the skull breaks or cracks, while a “closed” describes what happens when the skull remains intact.
Concussions frequently occur in motor vehicle accidents. Although concussions are a mild form of TBI, they can be serious. Like other forms of brain injury, concussions can lead to problems with:
- Cognitive functioning
- Motor control
- Control of one’s emotions.
For this reason, Klein Lawyers urges you to see a doctor immediately after you have been in a car, truck, motorcycle or bicycle accident in Vancouver or elsewhere in British Columbia. The longer you wait to get treatment for a concussion, the more damage it can cause.
Symptoms of Head Injuries
Brain Injury Canada states that you should pay attention to these signs of a concussion:
- Loss of consciousness (this happens in some, but not all, TBI cases)
- Confusion or disoriented feeling
- Severe, chronic headaches
- Blurred vision and sensitivity to light
- Ringing in ears or sensitivity to noise
- Memory loss
- Concentration problems
- Irritability
- Fatigue.
Friends, family members, and co-workers of an accident victim often are the first ones to notice these signs. So, pay close attention if your loved one has been in an accident of any kind and take steps to seek medical care for him or her.
Other types of head and brain injuries include:
- Contusion – This type of head injury typically results from a skull fracture. The fracture may bruise the brain and cause swelling in a region of the brain. If hemorrhaging results, a victim will need emergency treatment.
- Coup-contrecoup – This injury is a type of contusion. It occurs when the brain hits one side of the skull upon impact and then hits the other side. Both sides of the brain suffer bruising.
- Hematoma – This injury involves clotting due to heavy bleeding and blood vessel damage. The bleeding can place pressure on the brain and lead to seizures, coma or death.
- Diffuse axonal injury – A sudden, violent impact or shaking can cause this type of head injury, which is marked by torn and damaged nerve tissue. Similar to a hematoma, a diffuse axonal injury raises the risk of a coma or death.
- Anoxia – When heavy blood loss causes the brain to suffer a complete loss of oxygen and leads to extensive brain cell damage.
- Hypoxia – When blood loss leads to the brain being partially deprived of oxygen.
- Second Impact Syndrome – This type of injury occurs when a person suffers a second traumatic brain injury before an initial TBI has healed.
What Can You Recover in an ICBC Brain Injury Claim?
Your health is most important. Do not allow concerns about costs to stop you from getting examined and treated for a brain injury.
If your accident occurred in a motor vehicle accident, Klein Lawyers can help you with seeking a full and fair ICBC settlement. The settlement should include compensation for all of your past and future medical expenses, including:
- Diagnostic tests (MRI, CT scan or X-ray)
- Surgery
- Medication
- Physical and occupational therapy
- Speech and language therapy
- Assistive devices
- Mental health counseling (typically to address depression and anxiety)
- Transportation to and from medical treatment
- Home health care.
You should seek additional damages that include:
- Lost past and future income
- Loss of housekeeping capacity
- Pain and suffering
- Loss of enjoyment of life.
Keep in mind: The ICBC claims adjuster will be out to protect ICBC’s interests. Klein Lawyers will be solely focused on you and your interests.
Contact Our Vancouver Brain Injury Lawyers Today
With a strong record of results and a team of more than 50 lawyers, paralegals and legal assistants in Vancouver and Toronto, Klein Lawyers has the skill, experience, and resources it takes to seek a full and fair settlement of your ICBC claim.
If you or a loved one has suffered brain injury in an accident, get in touch with us as soon as possible to discuss your case. Our consultations are free, and we will charge nothing for our legal services unless we secure a financial recovery for you.
Helpful Resources
- Acquired Brain Injury, Brain Injury Canada
- Symptoms of Brain Injury, Northern Brain Injury Association
