If you suffer a concussion from a car crash in Calgary, seek immediate medical attention. Moderate to severe traumatic brain injuries (TBIs) generally fall outside Alberta’s Minor Injury Regulation cap, meaning you may be entitled to significantly higher compensation for your damages.
If you suffer a concussion from a car crash in Calgary, your life can be unexpectedly turned upside down. Unlike broken bones, a traumatic brain injury (TBI) is often invisible, yet it can drastically affect your memory, mood, and ability to return to labour. Knowing exactly what steps to take right after the accident is critical for your health and your legal rights in Alberta.
Many injured individuals make the mistake of hoping their headaches or dizziness will simply go away on their own. 🤕 Ignoring concussion symptoms can lead to severe long-term complications. This guide explains how to properly handle a brain injury claim in Calgary, from visiting the hospital to dealing with the Court of King’s Bench.
Step-by-Step Process in Calgary
Whether your motor vehicle accident happened on the busy Deerfoot Trail or a quiet residential street in Calgary, the steps you take following a head injury are vital. A brain injury is a complex medical issue that requires a careful and well-documented approach.
Step 1: Seek Immediate Medical Care
Your physical health must be the top priority. 🏥 Visit a local emergency room, such as the Foothills Medical Centre or the South Health Campus, immediately after the crash. Do not wait for symptoms to worsen. Tell the doctors exactly how you bumped your head or if you experienced whiplash, as sudden jolts can also cause concussions.
Step 2: Undergo Neuropsychological Testing
Because concussions do not always show up on standard MRI or CT scans, objective testing is crucial. Your doctor or your legal team may refer you to a specialist for a neuropsychological assessment. This testing evaluates your cognitive functions, such as memory and concentration, to formally document the severity of your traumatic brain injury.
Step 3: Consult a Calgary Personal Injury Lawyer
Dealing with insurance companies while recovering from a TBI can be overwhelming. 💼 A local law firm will step in to handle all communications. They will gather your medical records, Calgary Police Service reports, and begin building a strong bodily injury claim to ensure you are not unfairly subjected to Alberta’s minor injury cap.
How Much Does it Cost in Calgary?
Hiring a legal professional to handle your concussion claim in Calgary is likely more affordable than you think. Because brain injury cases require extensive medical evidence, understanding the financial breakdown is very important.
| Legal Fees (Contingency) | Lawyers generally take a percentage of your final settlement, meaning no upfront costs for their labour. | 30% to 33% |
| Medical Expert Reports | Disbursements paid by the law firm for specialized neurologists to prove your TBI. | $3,000 to $8,000+ CAD |
| Court Filing Fees | Filing a Statement of Claim at the Court of King’s Bench to protect your rights. | Approx. $250 CAD |
How Long Does the Process Take?
Brain injuries are notoriously unpredictable. ⌛ In Alberta, it typically takes 2 to 4 years to fully resolve a serious concussion claim. You must reach Maximum Medical Improvement (MMI) before your lawyer can accurately calculate your future care costs and lost earning capacity.
Frequently Asked Questions (FAQ)
Is a concussion capped under Alberta’s Minor Injury Regulation?
Generally, a concussion is not capped if it results in a serious impairment that significantly impacts your daily life, work, or education. Mild, short-term concussions, however, might be subject to the cap depending on medical evidence.
What if my concussion symptoms do not show up immediately?
It is very common for TBI symptoms, such as brain fog or irritability, to appear days or even weeks after a car crash in Calgary. This is why you should always consult a doctor after any serious impact.
Can I claim lost wages if my brain injury prevents me from working?
Yes. If your medical team advises you to take time off work to heal, your law firm will seek compensation for your lost income and potentially loss of future earning capacity.
Do I have to go to court for a TBI claim?
Most personal injury claims in Alberta are settled out of court through negotiations or mediation. However, if the insurance company refuses to offer a fair settlement, your lawyer may recommend taking the case to trial.
Leave a Reply