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Further Learning

If you want to learn more about how traumatic brain injuries are assessed within Ontario’s catastrophic impairment framework, our 2026 catastrophic impairment guide provides a full explanation of the adult and child TBI criteria under the SABS. You may also find useful resources through the Ontario Brain Injury Association (OBIA) and Spinal Cord Injury Ontario (SCIO), as well as Ontario’s leading rehabilitation hospitals such as Toronto Rehab Institute and Sunnybrook Hospital.

 

Links to other relevant practice areas are included below.

Vaughan Brain Injury Lawyers

Kitchener Brain Injury Lawyers

Muskoka Brain Injury Lawyers

Richmond Hill Brain Injury Lawyers

Ontario Spinal Cord Injury Lawyers

Doctor reviewing brain imaging results for a traumatic brain injury patient

 Ontario Brain Injury Lawyers

Our Ontario brain injury lawyers regularly represent individuals with traumatic brain injuries. We have extensive experience successfully litigating brain injury lawsuits, including at trial. Our experience working with clients who have sustained a traumatic brain injury also enables us to assist our clients navigate Ontario's medical system and their recovery from injury.

 

Medical professionals advise that the majority of recovery from a concussion occurs within the first two years after the incident. Therefore, it is important for those suffering from a brain injury due to the negligence of others to have trusted brain injury attorneys and a treatment team helping them work towards recovery.

Common causes of brain injuries include car accidents, assaults, and slip and falls. Severe traumatic brain injuries are often caused by motor vehicles striking cyclists, pedestrians, motorcycle crashes, or individuals operating an e-bike. We also have extensive experience successfully advocating for clients who suffered traumatic brain injuries in a variety of unusual scenarios.

Types of Traumatic Brain Injuries

 

Traumatic brain injuries can range widely in severity. Many individuals sustain what is medically categorized as a mild traumatic brain injury (mTBI), yet continue to experience significant cognitive, physical, and emotional symptoms long after the incident—symptoms insurers commonly underestimate. Some people develop post-concussion syndrome (PCS), where headaches, dizziness, memory issues, and mood changes persist for months or years and require coordinated medical and rehabilitative care.

 

In the most severe cases, a traumatic brain injury may be classified as a catastrophic impairment under Ontario’s SABS, which substantially increases available medical, rehabilitation, and attendant care funding while often leading to complex, high-value litigation.



Brain Injury Treatments

Many people recovering from a traumatic brain injury require long-term rehabilitation, cognitive therapy, and coordinated medical care. Treatment often involves neurologists, neuropsychologists, occupational therapists, physiotherapists, speech-language pathologists, and specialized brain injury rehabilitation centres across Ontario.

Survivors and families also benefit from peer support, education, and community programs offered by the Ontario Brain Injury Association, which provides a province-wide network of services and resources to support recovery.

Car Accident Brain Injury Lawyers

 

Motor vehicle accidents are one of the most common causes of brain injuries and concussions. Our personal injury law firm has successfully settled many traumatic brain injury cases involving car crashes. Additionally, our lawyers have successfully litigated these cases at trial. While trials rarely occur in personal injury cases, insurance companies closely monitor which personal injury lawyers have successfully attended trial on similar cases.  

 

Our brain injury lawyers were involved in the trial of Graul v. Kansal (2022 ONSC 1958). In that case, Mr. Graul was involved in a car crash where he suffered a concussion which prevented him from returning to work. The Defendant insurance company offered $350,000 prior to trial to settle the case. After a hard-fought five week trial, the Court awarded Mr. Graul $2,400,000, plus his legal costs in the amount of $1,800,000.

 

We were also involved in Legree v. Origlieri (2021 ONSC 7650), where the Defendant insurance company offered just $1,200 prior to trial to a woman who suffered a mild traumatic brain injury (concussion) in a car accident. After a hotly contested two week trial, the Court ordered the Defendant’s car insurance company to pay Ms. Legree approximately $210,000 plus her legal costs.

 

Our successful car accident brain injury trial record and experience assisting clients navigating the medical system enables us to help our clients obtain excellent compensation while supporting their path to recovery

Accident Benefits for Brain Injuries

Traumatic brain injury cases in Ontario often involve both a tort lawsuit and a claim for accident benefits under the Statutory Accident Benefits Schedule (SABS). While SABS provides medical, rehabilitation, and income replacement benefits, these benefits are frequently limited and subject to disputes, particularly where insurers challenge the severity of a concussion or the presence of persistent symptoms.

The tort claim allows injured individuals to pursue compensation for pain and suffering, loss of income, and future care needs not covered by SABS. Understanding how the SABS and the tort system interact is essential in traumatic brain injury cases, as medical evidence developed for one part of the claim often impacts the other.

Slip and Fall Brain Injury Lawyers

 

Slip and falls, falls from a ladder, falls from a bed, and other falls are common causes of traumatic brain injuries, particularly in senior citizens. Depending on the precise circumstances, there may be compensation available. If you are unsure if you have a case, don’t hesitate to contact us for a free consultation.

 

 

  Assault Brain Injury Lawyers

 

We often assist clients who have suffered a brain injury caused by assault. Often in these cases, there is another party in addition to the assailant who bears some legal responsibility. In Ontario, if a party is even 1% at fault, then they are jointly and severally liable for the damages sustained by the victim. This “1% rule” is important in assault cases where the perpetrator often has no personal assets.

 

By way of example, our assault brain injury lawyers represented a brain injury victim in the case of Pastink et al v. 1190393 Ontario Limited et al. (2023 ONSC 6037). In this case, our client suffered a brain injury after he was assaulted outside of a bar. The lawsuit named both the assailant, as well as the bar for improper security. The bar’s insurance company brought a motion for a mini-trial, claiming they had no fault for the incident. The motion was unsuccessful, and the insurance company subsequently settled with Mr. Pastink.

 

Bicycle Brain Injury Lawyers

Unfortunately, many of the individuals we represent in catastrophic brain injury cases were struck while bicycling or operating an e-bike. Victims of catastrophic brain injuries often require a team of rehabilitation professionals assisting with their recovery and day to day activities as soon they leave the hospital. It’s important for individuals or loved ones in these situations to retain a bicycle concussion lawyer who possesses experience implementing treatment teams and working with insurance companies to enable victims to receive timely and appropriate care.

 

We have also represented cyclists involved in many unusual cases. In one such case, our client’s bicycle simply fell apart while she was cycling, causing her to suffer a concussion. We retained engineers who performed a forensic examination of the bicycle. The examination revealed that the mechanic’s shop maintaining the bicycle had insufficiently tightened the screws on the bicycle causing them to loosen slowly over time before failing apart entirely.

 

If you are unsure whether you have a case where compensation may be available, don’t hesitate to contact us for a free consultation.

 Motorcycle Brain Injury Lawyers

 

Motorcyclists enjoy the speed of transportation of cars without the protection of thousands of pounds of metal surrounding them. Additionally, the smaller size of motorcycles render them less apparent to drivers, especially when those drivers are not paying proper attention. These facts unfortunately combine to make catastrophic motorcycle brain injuries far too common.

 

We often retain engineering experts in catastrophic brain injury cases involving motorcycles to prove that the other driver was at fault for the crash. Experience working with engineering experts is often important in these cases as fault for the accident can be heavily contested by the insurance company.

Free Consultation with an Experienced Concussion Lawyer

 

If you are wondering whether you are entitled to compensation for a brain injury, or have a case you would like to pursue, please don’t hesitate to call us at 705-408-4438 or fill out the form below for a free initial consultation. Remember that we do not charge a fee unless your claim is successful.

Brain Injury Lawsuits

Complete this form and someone from our office will contact you to arrange a free consultation. We work on a contingency basis, meaning you do not have to pay unless we resolve your claim successfully.

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MIdland Personal Injury Attorneys
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