Difference between Traumatic and Non-Traumatic Brain injury

First of all, it’s important to outline how the law system in Canada works. The country is divided amongst different provinces and just like the state system in the United States of America, provinces in Canada can pass different legislative initiatives which would take precedence over the governmental ones. The city of Stouffville is located in the province of Ontario, which means that the legislation of Ontario is dominant in the town. Luckily, the majority of the laws in Ontario do not differ from the ones set forth by the government.

One of the most important aspects, which have a lot of debate to it is the traumatic brain injury. The reason for this is because these types of injuries are quite common in the field of personal injury. However, it’s incredibly important to make a proper differentiation between traumatic and non traumatic brain injuries because this would have a direct reflection on the ruling of the court. In order for an injury to be considered as traumatic, the cause had to be direct. The most common example is an accident in which the victim suffered a blow to the head and as a result got some sort of brain damage. This is incredibly common especially in accidents such as vehicular incidents, slip and fall and many more.

Non-traumatic brain injury

However, a non-traumatic brain injury is considered to be brought about as a result of something else. The most common cause is a disorder such as a disease or an infection and even a tumor. Some of the injuries are listed come under Anoxic Injury which occurs due to low oxygen supply to the brain. This is further divided as:

  • Anoxic Anoxia (starvation of oxygen in the brain)
  • Anaemic Anoxia (lack of oxygen in the blood)
  • Toxic Anoxia (toxins prevent flow of oxygen in brain)
  • Hypoxic Injury (brain cells die due to no oxygen supply)

When establishing the amount of the payable compensation this has an immense importance. In order to sentence a ruling, the judge has to make sure that the damages which are being sought after are strictly derivative from the accident. If a person is filing for a traumatic brain injury he must prove that the said injury was caused by the accident. This is where it gets interesting. The other party can appeal and fight that claim by proving that the injury is not traumatic.

This means that the defending party is claiming that the injury already existed when the accident happened and thus damages can’t be sought. The solution is fair and protective. This is due to the fact that no one should be held liable for something that he didn’t cause. This is also a main principle of personal injury law, judges and lawyers in Stouffville are well aware of it. Non traumatic brain injuries are not irrelevant but they have little significance to the area of personal injury law as opposed to traumatic brain injuries. They are not subjected to compensation unless the accident caused the disorder leading to a brain injury.

Difference between Civil and Criminal Liability

This is one of the fundamental topics when it comes to personal injury law. The reason for which is that it serves to navigate the major principle in this respective subject matter – the compensatory principle. However, the debate has a huge impact on personal injury law in the city of Orillia, which is part of the Ontario province. As per statutory regulations, the province can issue its’ own provisions which would take precedence over the ones of the government, provided they are not contradicting. This is done so that there is more particular and precise legal control over the different provinces. The idea is that if the legislator is closer to the problem, the latter would be properly solved. The solution is very fair and it is obviously working because some of the acts haven’t been amended since their consolidation which is the sign of stability and continuity.

Compensate the victim

However, the major principle in personal injury law is that it aims to compensate the victim as opposed to punishing the perpetrator. This is incredibly important because it is the main and most important differentiation between personal injury and criminal cases. The former are going to be mainly about ruling a sentence in which the award fully compensates the victim for his sufferings. On the other hand criminal cases actually seek physical legal punishment of the perpetrator, who is called a criminal. Perpetrators in personal injury law are not criminals because their doings are not crimes. It’s as simple as that. In order for a certain action to be classified as a crime it has to be breaching certain laws and to cause public threat. This is the fundamental difference between negligence and criminal behavior.

Negligent behavior on the other hand is also a breach of legal provisions but it’s only causing personal damages to a third party. This is why the intention behind personal injury cases is to compensate that third party for the sufferings that he had to go through. The solution is rather fair because there needs to be a clear differentiation between those two major institutes of the law.

This negligent behavior and the responsibility that comes with it is also referred to as civil liability and it is a basic and fundamental term in the field of personal injury law in Ontario and therefore in Orillia. However, it is possible for a certain negligent behavior to turn to a crime. In cases like this the personal injury lawsuit is going to be transformed into a criminal case and sent over to the respective authorities, which is the criminal court. The case is led by the prosecution, while the personal injury case is led by the victim. Hiring the right personal injury lawyer can ensure you maximum compensation, ensuring that you case is handled by professionals.

How Is Compensation For Personal Injury Decided?

The fact is that personal injury law is incredibly vast and broad and as such it envelops a variety of different premises and injuries. However, orthopedic injuries are some of the most common and almost mandatory damages that are entitled for compensation as per the legislation in Ontario, provided they have derived from an accident. They can occur from a wide abundance of accidents such as slip and fall accidents, car crashes, product liability and many, many more. The important thing to understand is that different orthopedic injuries are treated in a different manner by the law in each individual case. This is why a broken arm can cost a certain amount of money when awarded to one person and a completely different amount when being awarded to another. Of course, the pecuniary damages are going to be relatively the same, but the non-pecuniary damages are going to differ in every single case.

Assessment of emotional trauma

The reason for this is that the law which is applicable in the state of Ontario and respectively in the town of Stouffville clearly states that emotional trauma is assessed discretionally by the court in any given situation. This means that the judges have to take every single circumstance surrounding the accident as well as the subjective matters of the case into thorough consideration prior to issuing a ruling. The nature of orthopedic injuries is such that they have different reflection on every single person and this has to be accounted for by the court.

Case in point is that a twisted ankle for a football player is going to cost him a lot more than a twisted ankle in a person who is working in a call center, for instance. All of the side factors have to be accounted for. It is important to know that there is a law which is called the Family Act and it is enforceable on the entire territory of Canada. This particular statute stipulates that each family member can issue the claim on personal behalf of the injured without having to be specifically authorized by this. Of course, there is a limit to the damages that can be claimed this way and they would only cover the loss of income and to extend in which they impacted the family member in particular. This is an important aspect of the case.

Compensation criterion

The resulting compensation has to be the difference between the amount of money that the person used to receive and the amount of money that he is receiving after the accident. This is a reasonable solution as in certain cases family members are strongly dependant on the income of the injured and they may be left with insufficient funds. The solution also provides protection for members of the family because it requires no specific authorization.

Key Considerations When Hiring Legal Counsel

There are a lot of things to be considered when settling upon a particular personal injury lawyer in the town of Orillia which is located in the state of Ontario and Canada. Of course, it is always preferable that you never have to meet an individual of this kind, but if you have been the victim of an accident caused by the negligent behavior of a third party you should definitely consider taking legal advice. There are several things that you should be looking out for when deciding on a lawyer.

Contingency fee

One of the most important features to look for is a contingency fee. This means that the lawyer won’t charge you a dime unless he has successfully finished the case. This would suggest that the trial has ended with a compensatory award for you or a settlement has been reached between both parties. Contingency fees ensure that you won’t have to pay two lawyer fees for one case. One of the oldest and major legal principles in the law of Canada stipulates that the losing party must cover the expenses made by the winning party. The logic behind this particular principle is that no one should be held accountable and therefore undergoes expenses for actions which are not considered illegal. Therefore, if you pre-pay your lawyer and he loses the case, you would also have to pay the legal fees of the opposing lawyer.

Free consultation

Free consultation service is the next thing that you should be on the look for. This ensures that the law firm or the sole practitioner has enough confidence in himself and his expertise that he doesn’t need to make profit off of simple consultations.

Track record of the lawyer

It’s also incredibly advisable to seek lawyers in Orillia with a proven track record. While it’s true that new lawyers without a lot of expertise are going to do everything within their power to win a case in order to establish proper reputation, it is always comforting to know that your lawyer has done this a lot of times and he has won in most of them. Ask for the track record and make sure that the scores are positive. Lawyers who refuse to show you their statistics are likely to be hiding the fact that they are losing ones.

Cash settlements

Aim for law firms and lawyers who are able to ensure maximum cash settlements. Contrary to what the majority of people tend to believe, most of the cases in personal injury law never reach the courtroom. Recent surveys and studies show that approximately 90 percent of the cases in Ontario are settled prior to even reaching the court. This would require you to hire someone with strong negotiation abilities in order to get the most out of the settlement.

Classification Of Common Personal Injuries Sustained In An Accident

There are certain areas of personal injury law which are a lot more often and common than others in particular. For example, motorcycle and vehicular accidents in the state of Ontario are very common while others such as pedestrian accidents are not. However, the last year has been incredibly important for the local legislation in Stouffville because there are certain alterations in the current legislation which are directly related to the Statutory Accident Benefits Schedule in the state of Ontario. They impact the practice of every single attorney in won, provided that his area of practice includes motorcycle accidents.

The changes which were introduced into the provisions of the SABS are not by all means affecting any kind of accident but rather are governing different amounts of compensatory amounts. In order to do so, the damages which one can go through after a certain accident are divided in three particular groups.

  • Minor injuries – minor injuries include damages that are unlikely to leave a long term scar let alone a lifetime pain and suffering. The limit of the compensation for rehabilitation as well as for care benefits is set up to $3,500
  • Non-minor injuries – those are the injuries which are not minor but also fail to fall within the next category. Common orthopedic injuries fall within this particular group. The compensation award is set up to $50,000. You can claim both medical as well as rehabilitation reparations and benefits.
  • Catastrophic injuries – the name is rather self explanatory. These are the most severe damages that one can go through in an accident. Some of them are likely to leave a permanent mark and incredibly traumatic emotional pain. Victims with injuries of the kind are allowed to claim up to $1,000,000. To outline the severity of the damages, the law also allows victims to claim another $1,000,000 for attendant care. The main intention of this particular alteration is to provide the injured with enough funds to enroll into a nursing home, if required.

These particular amendments are generally considered to be in a positive direction. Most of the lawyers in Stouffville agree that the amounts have to be increased in order to provide a wider range for navigation throughout the entire case. However, it’s important to take into consideration the time frame within the motion has to be filed. As per the Limitations Act of Canada, claimants can only file their motions in a certain amount of time. This means that if for some reason they miss the so called deadline, the perpetrator is going to be automatically rehabilitated and motions on these particular grounds from the particular victim won’t be legal. This is why it is highly advisable to file your claim in a shortly manner after the motorcycle accident. It is best to discuss your case with your chosen injury lawyer to get more details about your case.