Traumatic Brain Injury

March 25 2021

How Contributory Negligence Factors Into a Car Accident Lawsuit

Elissa Car Accidents, Catastrophic Injury, Personal Injury, Spinal Cord Injury, Traumatic Brain Injury 0

Often, car accidents have multiple points of fault. For instance, one car runs a stop sign and causes an accident, but the driver of the other vehicle was not wearing a seatbelt. Had the other driver been wearing a seatbelt, their injuries would have been far less extensive.

Who is at Fault and in What Proportion?

In this case, the driver who wasn’t wearing a seatbelt would be at some degree of fault for their own injuries. This is called contributory negligence and what will factor into a personal injury lawsuit that determines liability and compensation for the injured parties.

How Does Contributory Negligence Work?

If an injured party is found to have contributed to the accident and subsequent injuries, the percentage of their compensation will be reduced by the proportion of their fault. This ensures that all parties who contributed to the accident only be held liable for their own percentage of fault. Consequently, if you have been injured in a car accident, but it was found that you were 25 percent responsible for factors causing those injuries, your compensation will be reduced by 25 percent.

How is Contributory Negligence Proven?

Negligence is broken down into key elements, each one requiring proof in itself. Proving negligence can be complicated and require substantial evidence.

Because both parties will often want to point fault at the other after an accident, it is critical to have the assistance of a personal injury lawyer advocating for you. A skilled lawyer will conduct in-depth investigations including getting witness interviews, securing photos and video of the scene, reconstructing the accident with skilled professionals, and proving the nature and extent of the injuries.

If you have been involved in a car accident where another driver was at fault, it is important to get the advice of a Cambridge car accident lawyer to understand your rights as well as your options. Contact the personal injury attorneys at Hilborn and Konduros for a no-cost consultation at (519) 658-6341 to understand your rights if you have been involved in a car accident.

March 11 2021

What is the Statute of Limitations For a Car Accident Lawsuit in Ontario?

Elissa Car Accidents, Personal Injury, Spinal Cord Injury, Traumatic Brain Injury 0

What is the Statute of Limitations For a Car Accident Lawsuit in Ontario?

In Canada, we have limits in how long an individual has to come forward with a lawsuit. Whereas there is no time limit for criminal charges, civil matters have a definitive time limit under our statute of limitation requirements.

In Ontario, you have a limit of two years to bring a car accident lawsuit against a negligent party. Furthermore, you only have 120 days to provide notice to the defendant. This reduces to 10 days if your claim is against the province or municipality.

What is the Purpose of a Statute of Limitations?

Limitations were put into place for civil matters for practical reasons.They were primarily implemented to protect defendants from lawsuits after a long period of time when evidence and witnesses were no longer available and memories had faded.

Consequently, the provincial government decided that two years was a reasonable time limit to bring a claim. This allowed time for damages and injuries to play out, evidence to be gathered, and necessary documents to be filed.

Time is of the Essence in Personal Injury Lawsuits

Although two years may seem like an ample amount of time for a lawsuit, the legal system can be slow and cumbersome. Preservation of evidence is critical in personal injury torts. Witnesses move away or become otherwise unavailable. Filing paperwork can take time. After sustaining serious injuries, the last thing you want is for time to run out for you to get compensated and hold the at fault party accountable.

Other Time Limits to Consider

After a car accident, you have seven days to notify your insurance company about the accident. You then have 30 days to apply for benefits. If are denied benefits by your insurance company, you then have two years from the date of the accident to file a lawsuit against your insurer.

Getting Legal Assistance

Because of stringent timelines with car accident torts, it is important that you get the assistance of a Cambridge car accident lawyer as soon as possible. At Hilborn and Konduros, we get to work immediately to ensure your best outcome after a car accident injury. Contact us at (519) 658-6341 to schedule a free consultation.

February 18 2021

Links Between Traumatic Brain Injuries and Dementia

Elissa Car Accidents, Catastrophic Injury, Disability, News, Personal Injury, Traumatic Brain Injury 0

According to Brain Injury Canada, by the year 2031, traumatic brain injury is expected to become the most common form of neurological conditions affecting our population, right up there with Alzheimer’s and dementia. The interesting thing is that we now know that there is a link between the two.

A traumatic brain injury is one caused by a blow or jolt to the head. While mild TBIs were thought to temporarily affect brain cells, with more serious brain injuries having long-term consequences, ongoing studies have found that certain types of TBIs may increase a victim’s risk of developing dementia years after the initial injury took place.

Even a History of Moderate TBIs Can Create a Greater Risk for Dementia

One of the most important studies showed that older adults with a history of a moderate traumatic brain injury had a 2.3 times greater risk for Alzheimer’s than those without a history. Those with a history of a severe TBI showed a 4.5 greater risk for dementia. In addition, a study published by the Journal of Neurology found that a history of TBIs can accelerate the age at which cognitive decline can happen.

While there is no current evidence suggesting that a history of mild TBIs shows any greater risk for dementia, the current emerging data shows that repeated injuries such as those experienced in contact sports show a higher risk of chronic traumatic encephalopathy, another form of dementia.

Chemical Changes in the Brain

While further research will be needed to fully understand the link between traumatic brain injury and dementia, we are beginning to understand how TBIs change brain chemistry. Within hours of a traumatic brain injury, levels of beta-amyloid, a hallmark Alzheimer’s protein, increase in the brain. Chronic traumatic encephalopathy shows deposits of another Alzheimer’s hallmark, tau protein.

While not everyone who experiences a traumatic brain injury will go on to develop dementia, it’s important to get any head trauma looked at immediately by a health care provider after an injury or accident. If you or a loved one has sustained a TBI in an accident, let our Cambridge personal injury lawyers help. Contact us for a no-cost consultation. (519) 658-6341