By Zayouna Law Firm

Brain Injury - Zayouna Law Firm

A brain injury is a complicated full-spectrum injury that is classified medically as a primary or secondary injury. Primary brain injuries result from trauma suffered immediately after the accident. Secondary brain injuries are an indirect result of the trauma suffered from the injury and complications. A brain injury can severely limit you from fully participating in your everyday life and limit the progress needed to heal from a debilitating brain injury.

Brain injury law was rooted in Canadian Tort Law in 1860. The brain injury law was amended in 1997 and placed under The Workplace Safety and Insurance Act. The law allowed an injured person to pursue monetary compensation for a brain injury from a liable party.

The brain injury law is a mandatory clause within all registered businesses in Canada. There are limitations in place that both parties must adhere to. For example, In Ontario, a claimant must file a claim within 2-years of an accident.

Seeking skilled and experienced legal counsel is highly recommended if you have experienced a traumatic brain injury (TBI). Attempting to negotiate on your behalf against an insurance company or liable individual for compensation could leave you frustrated and heavily distracted from your healing and treatment program.

Why is a brain injury lawyer important?

Allowing the statute of limitations to run out and not pursuing your pecuniary tributes could leave you and your family in even more distress. The law helps keep a legal footing in place for the regular person fighting against a corporate giant insurance company or an uncooperative liable party.

Knowing your rights and requirements can be explained by our legal team and help better prepare you for the entirety of the legal process.

Frequently Asked Questions About Brain Injury Law


What if I am unable to ever work again because of my brain injury?

The brain injury law entitles every Canadian who has suffered a brain injury to apply for long-term disability. Having a legal representative significantly increases the possibility of the application being successful.

Does my case have to go to mediation or court?

No, not always. With esteemed legal professionals in your corner, chances can be good that your claim will be settled out of mediation or court. If insurance companies are refusing to cooperate, you will be glad you have a legal support team.

Is there a maximum amount I can claim for my brain injury?

Under Canadian brain injury law, the compensation amount is capped just above $340000. This amount represents the most a successful claimant can receive. In most cases, however, the insurance policy has a defined benefit amount for a claimant’s consideration.