Brain Injury Legal Rights in Ontario | PIA Law

Understanding Your Legal Rights After a Brain Injury in Ontario

PIA Law, the Personal Injury Alliance of McLeish Orlando, Oatley Vigmond, and Thomson Rogers LLP, is a group of three Ontario law firms that represent individuals and families affected by serious and catastrophic injury, including acquired brain injury. Together, the three firms have decades of combined experience in brain injury litigation and hold recognized standings in Lexpert and Best Lawyers in Canada for personal injury. PIA Law has been a longstanding partner of the Brain Injury Society of Toronto and is committed to helping survivors and families in the Toronto community understand their legal rights after a brain injury.​

 

If you or someone you care for has sustained a brain injury caused by another party’s negligence, you may be entitled to compensation. Visit pialaw.ca to learn more.

​

Frequently Asked Questions: Brain Injury Legal Rights in Ontario

Do I have a legal claim after a brain injury?

 

You may have a legal claim if your brain injury was caused by someone else’s negligence, for example, in a car accident, a slip and fall, a workplace incident, or a medical procedure. Ontario law allows injured people and their families to seek compensation for lost income, medical expenses, rehabilitation costs, and the impact on quality of life. The strength of a claim depends on the circumstances of the injury and how fault is established.

​

How long do I have to make a legal claim after a brain injury in Ontario?

​​​​

In most cases, Ontario’s two-year limitation period applies, meaning you generally have two years from the date of the injury, or from when you first became aware the injury may have been caused by negligence, to start a legal proceeding. There are exceptions, including for minors and for cases where the injury’s full effects were not immediately apparent. If you are unsure where you stand, it is worth speaking with a lawyer sooner rather than later.

​

What compensation can a brain injury survivor claim in Ontario?

Compensation after a brain injury can include income replacement if you cannot work, the cost of ongoing medical care and rehabilitation, home care and attendant support, and general damages for pain, suffering, and loss of enjoyment of life. In catastrophic injury cases, which include severe brain injuries, accident benefit limits under Ontario’s insurance system are substantially higher than in standard claims. An experienced personal injury lawyer can assess which benefits and damages apply to your situation.

​

What makes a brain injury case different from other personal injury cases?

​

​Brain injuries are often invisible, progressive, and difficult to quantify, which makes them some of the most complex cases in personal injury law. Medical evidence, neuropsychological assessments, and expert testimony about long-term prognosis all play a central role. Insurance companies routinely dispute the severity of brain injuries, particularly concussions and mild TBI. Firms with direct experience in brain injury litigation and relationships with the rehabilitation and medical community are better equipped to build the evidence needed to support a full claim.

​

How do I choose a personal injury lawyer for a brain injury case?

Look for a firm that handles brain injury cases specifically, not as one category among dozens. Ask whether the firm has taken brain injury cases to trial and what outcomes they have achieved. Peer review rankings such as Best Lawyers in Canada and Lexpert are independent indicators of a firm’s standing among other lawyers in the field. PIA Law member firms McLeish Orlando, Oatley Vigmond, and Thomson Rogers are all recognized in these rankings for personal injury litigation. A useful starting point is pialaw.ca/getting-started/how-to-choose-a-lawyer, which outlines 25 questions to ask any lawyer before retaining them.​