What is the Average Payout for Head Injury in Ontario?

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      Brain Injuries

      What is the Average Payout for Head Injury in Ontario?

      What is the Average Payout for Head Injury in Ontario?

      When it comes to financial liability for injuries, what is the average payout for a head injury in Ontario? The answer depends on multiple factors. The amount of any award is most closely related to the severity of the injury.

      Average Payout for Head Injury in Ontario

      Based on the fact that head injuries can range from mild to severe, and other key factors directly impact the payout amount, setting an “average” monetary amount for a head injury payout can be misleading. In Canada, courts and insurance companies have given injured parties amounts as low as $1,000 to cover minimal medical expenses all the way up to many millions of dollars in cases where there injured person was forced to live with severe mental and physical impairment for the remainder of his or her life. The average payout for head injury amounts vary over time and depending on specific case factors.

      Common minimum amounts would include payouts that cover immediate medical treatment and are usually under $10,000 while it’s not unusual for severe injury payouts to be greater than $1 million. If you or a loved one.

      Two Kinds of Head Injury Payouts

      Unless you consult with a lawyer, it’s nearly impossible to determine the correct path to follow in a head injury case. The first step is deciding whether to file a claim against the insurance company of the at-fault individual or to directly sue the at-fault individual. In almost all cases of head injury, from mild to severe, suing the at-fault party results in a larger and more assured payout.

      There’s no hard-and-fast rule about how to proceed, but an experienced lawyer can quickly assess the situation and go forward with either a lawsuit or the filing of an insurance claim. It costs more, obviously, to sue but the amounts of compensation are routinely much higher that insurance companies pay. It’s also important to note that a good portion of head injury cases are settled out of court, with neither an insurance claim or a lawsuit ever being filed.

      Types of Head Injuries

      One of the primary factors that influences the average payout for head injury is the type of injury. Severe accidents can result in tears to brain tissue, traumatic brain injury, nerve cell impairment and various kinds of swelling. All these can lead to death. Less severe head injuries include mild concussions, tears to the skin of the scalp, skull fractures and scarring.

      Because the human skull houses the brain and a good portion of the body’s central nervous system infrastructure, it’s obvious that an injury to the head can range from mild to fatal. The average payout for head injury is directly related to the severity of the injury itself but more particularly to how well a lawyer can establish and prove that level of injury during litigation.

      Key Factors That Affect the Payout Amount

      Within this complex sub-category of law, there are multiple factors that dictate a payout for a head injury. You may be the victim of a workplace accident or an accident while playing sports.  You may be here trying to figure out the post-concussion syndrome settlement value after an Ontario accident.The factors that could impact the payout amount might include the following:

      • Lost wages
      • Any earnings forfeited as a direct result of the accident/injury
      • Property damage
      • Future lost wages/income
      • Medical expenses
      • Emotional distress
      • Physical pain and suffering

      That’s a very short list but it gives an idea of how the payout amount can quickly add up in a case where a serious head injury has occurred.

      Professional Help Makes the Difference

      Because head injury cases, whether a direct lawsuit or a standard insurance claim, are so complicated, it’s absolutely necessary to hire a lawyer. In the absence of experienced legal assistance, you stand the chance of receiving no or very little compensation. If you settle with an insurance company, their legal team will work hard to minimize any monetary payout to you even if their client was clearly at fault.


      Content Updated: Originally published Oct. 19, 2019

      Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.