Overview
What you should know after a traumatic brain injury in Ontario
A traumatic brain injury (TBI), including a concussion, can create serious legal and insurance issues even when symptoms are not visible. In Ontario, your options often depend on how the injury happened. If your TBI was caused by a motor vehicle accident, you may be entitled to accident benefits through your own insurer regardless of fault, and you may also have the option to pursue a claim against the at-fault driver in some cases. If the injury happened because of unsafe property conditions, you may be able to pursue a claim against the responsible parties.
TBI claims often require careful documentation because insurers and defendants may downplay symptoms like headaches, dizziness, cognitive fatigue, memory issues, mood changes, and sensitivity to light or noise. Strong cases connect medical evidence to real-world functional impact, including how symptoms affect your ability to work and manage daily tasks. Timing also matters because there are deadlines and procedural requirements, and early legal advice can help you protect your options if an insurer delays, disputes treatment, or pressures you to return to work too soon.
Common Challenges in Traumatic Brain Injury Claims
TBIs are often “invisible,” so insurers may question severity and impact
Symptoms can be delayed or fluctuate, which can be framed as inconsistency
Medical records may not clearly describe functional limitations tied to work and daily tasks
Imaging can appear normal even when symptoms are serious and persistent
Cognitive and emotional symptoms are harder to measure than physical injuries
Return-to-work attempts can be used to argue you are fully recovered
Accident benefits disputes are common, including treatment plans, assessments, and entitlement
Surveillance or social media may be taken out of context to challenge limitations
Strict deadlines and procedural requirements can limit options if early steps are missed
The Aaron Waxman Difference
How Can Aaron Waxman and Associates, P.C. Help?
If you were injured in a collision or a fall and are dealing with the effects of a traumatic brain injury, Aaron Waxman and Associates, P.C. can help you understand what claims may be available and what evidence can support them. Our firm assists clients with tort claims, accident benefits claims, and disability-related claims arising from traumatic brain injuries, and can work toward a settlement that reflects how the injury has affected your life.
Why Clients choose Us
Fighting for Your Rights with Compassion & Commitment
Real Care, Real Advocacy
We take the time to understand what you are facing, then build a plan that protects your rights and supports your next steps.
We Handle the Pressure For You
We take on insurer and employer pushback, manage deadlines, and keep your claim moving so you can focus on recovery and stability.
Talk to Aaron, Not a Substitute
Aaron Waxman isn't just the name on the door. He's the one who will be sitting down with you to discuss your situation and walk you through your options.
Recognized Among Canada's Top Firms
Aaron Waxman & Associates was named one of Canada's Top Personal Injury Boutique Law Firms for 2025 by Canadian Lawyer Magazine - recognition built on years of trusted, experienced advocacy.
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Frequently Asked Questions
Yes. A concussion is a traumatic brain injury. It can occur from a hit to the head that causes the brain to move rapidly, which can create a chemical imbalance and damage brain cells.
A TBI can happen in a car accident, a slip and fall, or other incidents where you strike your head. If you are experiencing concussion-like symptoms, seek medical attention promptly. A medical professional can assess symptoms and may recommend tests or imaging such as a CT scan or MRI in some cases.
Symptoms can include headaches, dizziness, loss of balance, memory difficulties, mood changes, and altered hearing or senses.
One of the biggest challenges is that a TBI is often an “invisible injury,” meaning it cannot be seen. That can make it harder to diagnose and may delay proper treatment. It can also create challenges when dealing with insurance claims if symptoms and limitations are not clearly documented.
Ontario’s standard limitation period for personal injury claims is generally two years after becoming aware of the injury, which is often two years from the date of the accident, though exceptions can apply.
Compensation depends on the facts and severity, but it may include medical expenses, past and future income loss, past and future attendant care, and pain and suffering.
If you cannot work for an extended period and you have coverage through your employer, you may be able to apply for short-term disability and long-term disability benefits.
The length of short-term disability benefits depends on the policy. Some STD plans provide 15 weeks of benefits, while others may provide 26 weeks or even 52 weeks.
