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Brain Injury Law in Burnaby, Canada, falls under the wider umbrella of personal injury law. This area of law provides victims of brain injuries, often due to accidents or accidents on properties, a legal framework for seeking compensation for damages. Lawyers specializing in Brain Injury Law in Burnaby work to prove negligence, causation and ascertain the full extent of injury-related damages.
You may need a lawyer specializing in Brain Injury Law in Burnaby if you or your loved one has been involved in an incident leading to brain injuries. Situations may include, but are not limited to, vehicle collisions, workplace accidents, sports injuries, and slips and falls. An experienced lawyer can help comprehend the complex legal procedures, interpret medical and insurance jargon, negotiate with insurance companies, and represent you in court if necessary.
In Burnaby, the law stipulates that victims of brain injuries due to the negligence of others have the right to seek compensation for medical expenses, lost wages, and for pain and suffering caused by the injury. However, British Columbia's Negligence Act requires proof of negligence, which is a crucial aspect where a lawyer's expertise comes in handy. Also, Burnaby operates under a "Fault-based system," meaning the person found to be at fault for the crash is legally responsible for any injuries or damage.
In Burnaby, you have two years from the date of the accident to file a claim. However, exceptions apply in certain circumstances, such as if the injured party is a minor.
Under the Negligence Act, you can still recover damages even if you were partly at fault. The court may determine each party's percentage of fault, which would determine your percentage of the final compensation amount.
The law covers all forms of brain injuries, not just traumatic brain injuries. This includes mild, moderate, and severe brain injuries, and also acquired brain injuries, such as those caused due to a stroke or lack of oxygen.
Your lawyer can guide you on alternative routes for compensation such as through the Motor Vehicle Accident Claims fund or by filing a lawsuit against the at-fault party personally.
While you are not required by law to hire an attorney, the complexity of these cases often makes it beneficial. An experienced attorney can guide you throughout the process and make sure your rights are protected.
You can find helpful resources at the Brain Injury Association of Canada and Brain Injury BC, both offering advice and support to brain injury victims and their families. For legal advice, The Law Society of British Columbia can recommend local brain injury lawyers.
If you or a loved one has experienced a brain injury and you wish to seek legal help, the first step is to reach out to a lawyer specializing in Brain Injury Law. They can guide you through the process, advise you based on your unique circumstances, and help defend your rights. Always remember to keep all medical records, accident reports, and other relevant documents as they can be critically important in the legal process.
