Why Tort Laws Consider Brain Injuries For Bigger Payouts?

Why Tort Laws Consider Brain Injuries For Bigger Payouts?


Unfortunately enough, brain injuries tend to be something rather common in most of the personal injury cases. A lot of the injuries related to the brain are incredibly dangerous because they could leave a person scarred, disabled and traumatized for life. It is also highly likely that a severe brain injury could lead to dangerous physical conditions like paralysis and many more. This is why cases which involve brain injuries often tend to get awarded with incredibly high compensations.

The main reason for this is because the victims are going after huge compensations for non-pecuniary damages which are also commonly referred to as emotional damages. These can’t be based on a document and each person gets through them at his own pace. However, the judge is required to assess them individually and discretionally for every single case in which they are brought up. This is due to the fact that they would have different impact on most people and can’t be placed within standardized borders. However, there are some common causes which lead to brain injuries and they include:

  • Car accidents

Of course, car accidents are on top of the chart. These are horrific accidents and brain injuries are actually incredibly common. This is due to the fact that the crashes are also with a high moving velocity which means the impact is dramatic.

  • Other vehicular accidents

Car accidents are not the only vehicular accidents. As a matter of fact motorcycle accidents are also a common reason for different brain injuries. This is due to the fact that the helm is providing a certain amount of protection but it doesn’t prevent it entirely. A lot of the injuries also tend to happen to people who contravene this particular provision and drive a motorcycle without a helmet or other protective gear.

  • Pedestrian accidents

This is also quiet common when it comes to being a reason for a brain injury in the city of Toronto. Public transit tends to stop quite fast and this might cause certain people who have failed to catch a securing ramp to fall down. It is not unheard of for people involved in accidents of the kind to be left off with significant physical and sometimes emotional trauma.

Emotional damages on the other hand can’t be claimed by anyone but the victim of the accident. This is due to the fact that no one is in condition to tell the exact way in which the pain and the suffering have played out in the mind of another person. This is also why their amount can’t be based on any documents. On the other hand emotional damages are the ones that tend to get the highest monetary compensations.