The Unseen Injury: A Guide to Hope, Healing, and Justice After a Traumatic Brain Injury in Ontario
A traumatic brain injury (TBI) is often called the "unseen injury." While there may be no visible wounds, a TBI can profoundly alter a person's cognitive abilities, personality, and their very sense of self. The impact on the victim and their family is immense, creating a future filled with uncertainty, emotional distress, and overwhelming financial pressures.
At Iacobelli Law, we see you, we understand the challenges you face, and we are here to help. We know that a TBI case requires a unique combination of legal expertise, medical understanding, and deep compassion. Our mission is to lift the legal burden from your family, allowing you to focus on the long and demanding road of recovery, while we fight tirelessly to secure the resources you need for the best possible future.
This guide is for you if:
A traumatic brain injury (TBI) is often called the "unseen injury." While there may be no visible wounds, a TBI can profoundly alter a person's cognitive abilities, personality, and their very sense of self. The impact on the victim and their family is immense, creating a future filled with uncertainty, emotional distress, and overwhelming financial pressures.
At Iacobelli Law, we see you, we understand the challenges you face, and we are here to help. We know that a TBI case requires a unique combination of legal expertise, medical understanding, and deep compassion. Our mission is to lift the legal burden from your family, allowing you to focus on the long and demanding road of recovery, while we fight tirelessly to secure the resources you need for the best possible future.
This guide is for you if:
- You or a family member has sustained a blow to the head in an accident.
- You are noticing confusing changes in personality, memory, or behaviour.
- You are facing a long rehabilitation process and mounting bills for care.
- You need an experienced legal team that truly understands the hidden complexities of a brain injury.
Traumatic Brain and Head Injury Lawyer
Traumatic brain injury (TBI) is responsible for a substantial number of deaths and permanent disability in Ontario. Brain injuries can range in severity from mild, moderate and severe. Immediate and long-term effects of a brain injury will vary based on the level of injury. A traumatic brain injury is much different than other injuries. Since our brain is responsible for our emotions, personality and functional abilities, a brain injury can have wide-ranging consequences. No two brain injuries are exactly the same, and the consequence and outcomes of two similar brain injuries may be very different.
A traumatic brain injury can cause physical, cognitive, emotional and behavioral effects. Surprisingly, a traumatic brain injury is often missed following a serious accident. Because a traumatic brain injury commonly accompanies other serious injuries, the medical trauma team may be focused on the more obvious injuries and on stabilizing a person.
Sometimes physicians refer to the Glasgow Coma Scale (GCS) to determine the severity of a brain injury. Healthcare providers may also use the Rancho Los Amigos Scale to describe the level of recovery following a traumatic brain injury. Very often, a traumatic brain injury will not be visible on MRI or CAT scans. While the diagnostic imaging studies may be normal, a brain injury may still be diagnosed. This is because most brain injuries are not appreciable with imaging, and so diagnosis is made clinically by physicians and other health care providers. Some of the symptoms associated with mild brain injury are headache, difficulty concentrating or thinking, memory problems, attention problems, and mood changes.
In the case of a severe brain injury, the diagnosis may be immediate where there is a loss of consciousness for more than 30 minutes and memory loss after the injury. When a brain injury is observable on diagnostic imaging, the consequences are often catastrophic. Some severe brain injuries result in impairments to function of limbs, as well as speech or language difficulties.
Even in the case of mild brain injuries, a person can be left with significant and permanent impairments and symptoms, including:
Difficulty learning new information
impaired memory
lack of insight into his/her condition
impaired judgment
impaired problem solving
impaired planning skills
impaired stress tolerance
social and emotional difficulties
headaches
dizziness
nausea
ringing in ears
depression
Whether you are left with persistent headaches from a mild brain injury or if a severe brain injury caused the wrongful death of a loved one, a skilled traumatic brain injury lawyer can help. Learn how to recognize some of the signs of a TBI.
A traumatic brain injury can cause physical, cognitive, emotional and behavioral effects. Surprisingly, a traumatic brain injury is often missed following a serious accident. Because a traumatic brain injury commonly accompanies other serious injuries, the medical trauma team may be focused on the more obvious injuries and on stabilizing a person.
Sometimes physicians refer to the Glasgow Coma Scale (GCS) to determine the severity of a brain injury. Healthcare providers may also use the Rancho Los Amigos Scale to describe the level of recovery following a traumatic brain injury. Very often, a traumatic brain injury will not be visible on MRI or CAT scans. While the diagnostic imaging studies may be normal, a brain injury may still be diagnosed. This is because most brain injuries are not appreciable with imaging, and so diagnosis is made clinically by physicians and other health care providers. Some of the symptoms associated with mild brain injury are headache, difficulty concentrating or thinking, memory problems, attention problems, and mood changes.
In the case of a severe brain injury, the diagnosis may be immediate where there is a loss of consciousness for more than 30 minutes and memory loss after the injury. When a brain injury is observable on diagnostic imaging, the consequences are often catastrophic. Some severe brain injuries result in impairments to function of limbs, as well as speech or language difficulties.
Even in the case of mild brain injuries, a person can be left with significant and permanent impairments and symptoms, including:
Difficulty learning new information
impaired memory
lack of insight into his/her condition
impaired judgment
impaired problem solving
impaired planning skills
impaired stress tolerance
social and emotional difficulties
headaches
dizziness
nausea
ringing in ears
depression
Whether you are left with persistent headaches from a mild brain injury or if a severe brain injury caused the wrongful death of a loved one, a skilled traumatic brain injury lawyer can help. Learn how to recognize some of the signs of a TBI.
If a loved one has suffered a serious brain injury we can help.
Request a Free Consultation with a Traumatic Brain Injury Lawyer
Understanding Traumatic Brain Injury: More Than a Bump on the Head
A TBI is caused by a jolt, blow, or penetrating injury to the head that disrupts the normal function of the brain. The severity can range significantly, and the symptoms are not always immediate or obvious.
Types of Traumatic Brain Injuries:
The challenge with any TBI is that its full impact may not be known for months or even years. Initial symptoms can evolve into long-term struggles with memory, executive function, emotional regulation, and social interaction.
A TBI is caused by a jolt, blow, or penetrating injury to the head that disrupts the normal function of the brain. The severity can range significantly, and the symptoms are not always immediate or obvious.
Types of Traumatic Brain Injuries:
- Mild TBI (Concussion): While termed "mild," concussions can have serious, lingering effects. Symptoms include headaches, confusion, dizziness, and memory problems. Often, initial scans may appear normal, making these injuries difficult to prove without the right legal and medical team.
- Moderate TBI: This involves a longer period of unconsciousness and more pronounced cognitive and/or physical impairments. Recovery is extensive and may require significant rehabilitation.
- Severe TBI: These are life-threatening injuries that result in prolonged unconsciousness or coma and lead to significant, often permanent, disabilities requiring lifelong care.
- Anoxic/Hypoxic Brain Injury: This occurs not from trauma, but from a lack of oxygen to the brain, often as a result of a medical emergency like a surgical error, birth injury, or near-drowning incident.
The challenge with any TBI is that its full impact may not be known for months or even years. Initial symptoms can evolve into long-term struggles with memory, executive function, emotional regulation, and social interaction.
The Lifelong Costs of a Brain Injury: Planning for a Secure Future
The financial toll of a TBI is astronomical and extends far beyond initial hospitalization. Our legal team collaborates with leading life care planners, occupational therapists, and economic experts to build a comprehensive picture of your lifelong needs.
"A brain injury case isn't just about the immediate aftermath; it's about anticipating the needs of a person 10, 20, or 30 years from now. We build a case designed to provide security for life." - Andrew Iacobelli
We fight to secure maximum compensation for:
Contact our Traumatic brain injury law firm for a Free, No Obligation Consultation.
"A brain injury case isn't just about the immediate aftermath; it's about anticipating the needs of a person 10, 20, or 30 years from now. We build a case designed to provide security for life." - Andrew Iacobelli
We fight to secure maximum compensation for:
- 24/7 Attendant Care and Support: For severe cases, this covers the costs of personal support workers or nurses.
- Rehabilitation Therapies: Including physiotherapy, speech-language pathology, occupational therapy, and psychological counselling.
- Future Medical Needs: Covering medications, potential surgeries, and specialized medical equipment.
- Vocational Retraining: Assistance in finding new employment if you are unable to return to your previous job.
- Loss of Income and Future Earning Capacity: Crucial compensation for the wages you've lost and the income you will be unable to earn over your lifetime.
- Home Safety and Modifications: Costs for making a home safe and accessible to prevent falls and accommodate new disabilities.
- Pain, Suffering, and Loss of Relationships: Compensation that acknowledges the profound emotional and social toll of a TBI, including claims for family members under Ontario's Family Law Act.
Contact our Traumatic brain injury law firm for a Free, No Obligation Consultation.
Your Legal Rights in Ontario: Navigating a Complex System
Proving a TBI and securing proper compensation is one of the most complex challenges in personal injury law. Insurance companies often dispute the severity of "mild" or "moderate" TBIs, especially when diagnostic scans are inconclusive.
How We Build a Winning TBI Case:
Proving a TBI and securing proper compensation is one of the most complex challenges in personal injury law. Insurance companies often dispute the severity of "mild" or "moderate" TBIs, especially when diagnostic scans are inconclusive.
How We Build a Winning TBI Case:
- Preserving Evidence: We act quickly to document the accident and ensure all evidence is preserved.
- Accessing Top Medical Experts: We connect you with neurologists, neuropsychologists, and other specialists who can accurately diagnose the injury and provide the expert reports necessary for your case.
- Achieving "Catastrophic Impairment" Designation: We understand the specific criteria under Ontario’s Statutory Accident Benefits Schedule (SABS) to have your injury designated as "catastrophic." This is a critical step that unlocks up to $1 million (or more, depending on the policy) in medical, rehabilitation, and attendant care benefits.
- Relentless Advocacy: We handle all negotiations with the insurance company, protecting you from lowball settlement offers. Our reputation as skilled trial lawyers means we are always prepared to take your case to court to achieve a just result.
Common Questions from Families Like Yours
The hospital said the CT scan was "normal." Do we still have a case?
Absolutely. Many serious, life-altering TBIs, especially concussions and diffuse axonal injuries, do not show up on standard CT or MRI scans. The diagnosis often relies on clinical assessment by experts, which we will arrange.
My loved one seems different, more irritable and forgetful. Is this part of the injury?
Yes. Personality changes, memory loss, and emotional dysregulation are hallmark symptoms of a TBI. It is not a character flaw; it is a direct result of the injury to the brain. We help insurers and courts understand this crucial fact.
How can we possibly afford the care that is needed right now?
Once we establish your claim, we immediately work to secure accident benefits to pay for your treatment. We work on a contingency fee basis for the lawsuit, meaning you do not pay any legal fees unless we win your case.
Absolutely. Many serious, life-altering TBIs, especially concussions and diffuse axonal injuries, do not show up on standard CT or MRI scans. The diagnosis often relies on clinical assessment by experts, which we will arrange.
My loved one seems different, more irritable and forgetful. Is this part of the injury?
Yes. Personality changes, memory loss, and emotional dysregulation are hallmark symptoms of a TBI. It is not a character flaw; it is a direct result of the injury to the brain. We help insurers and courts understand this crucial fact.
How can we possibly afford the care that is needed right now?
Once we establish your claim, we immediately work to secure accident benefits to pay for your treatment. We work on a contingency fee basis for the lawsuit, meaning you do not pay any legal fees unless we win your case.
