Brain Injury Lawyers in Ontario
Brain injury is the most legally and medically complex personal injury claim in Ontario. PIA Law member firms McLeish Orlando LLP, Oatley Vigmond LLP, Thomson Rogers, LLP have acted for brain injury survivors at every severity level, from post-concussion syndrome to catastrophic impairment. Collectively, PIA Law member firms include Certified Specialists in Civil Litigation and Lexpert-ranked personal injury lawyers. PIA Law has been a long standing supporter of the Ontario Brain Injury Association (OBIA).
Understanding Traumatic Brian Injury in Ontario
Brain injuries are among the most complex injuries encountered in personal injury law. Symptoms may evolve, diagnostic imaging may not reveal the full extent of the injury, and the effects on employment, relationships and daily life can continue long after the initial event.
A traumatic brain injury (TBI) results from an external force, such as a motor vehicle collision, fall or blow to the head. Clinicians may assess its severity using factors such as the Glasgow Coma Scale, the duration of any loss of consciousness and the length of post-traumatic amnesia.
A mild TBI, commonly called a concussion, can cause persistent cognitive, physical, emotional and neurological symptoms. These symptoms may not appear on standard diagnostic imaging, but they can still significantly affect a person’s ability to work, maintain relationships and complete everyday activities.
Moderate and severe TBIs are more likely to involve prolonged unconsciousness, memory disruption, structural brain damage and lasting cognitive, physical or functional impairments. However, every brain injury, prognosis and recovery is different.
Why Experience Matters in a Brain Injury Claim
Building a brain injury claim requires more than establishing a diagnosis. It requires evidence showing how the injury has changed the person’s life, what treatment and support may be required, and how those needs could develop over time.
Insurers may challenge the cause, severity, duration and functional effects of a brain injury, particularly when symptoms are not visible on diagnostic imaging. An effective claim may require comprehensive medical documentation, evidence from family members and caregivers, testimony from medical and rehabilitation experts, and a detailed assessment of future care needs and financial losses.
The PIA Law member firms understand the medical evidence, expert testimony, future-care considerations and insurance issues involved in brain injury claims. Oatley Vigmond LLP, McLeish Orlando LLP and Thomson Rogers LLP each bring extensive experience representing people with serious and catastrophic injuries.
Through PIA Law, injured people and their families have one point of contact connecting them with the knowledge and resources of three independent Ontario personal injury firms.
What Qualifies as a Catastrophic Brain Injury in Ontario
What Is a Catastrophic Impairment?
A serious brain injury may qualify as a catastrophic impairment under Ontario’s Statutory Accident Benefits Schedule. The determination is based on specific medical and legal criteria, including the nature, severity and long-term effects of the injury.
The designation matters because it can substantially increase the accident benefits available for treatment and care. Under the standard SABS framework, medical, rehabilitation and attendant-care benefits are generally limited to a combined $65,000. For someone designated catastrophically impaired, the combined limit can increase to $1 million.
Establishing catastrophic impairment requires appropriate clinical assessments and persuasive medical evidence. If the insurer challenges the designation, an experienced brain injury lawyer can help protect the injured person’s access to the benefits and care they need.
SABS Benefits After a Brain Injury
As of July 1, 2026, Ontario’s Statutory Accident Benefits Schedule (SABS) operates under a new optional coverage model introduced by Ontario Regulation 383/24. Income replacement, caregiver, and non-earner benefits are no longer automatic entitlements. They are optional coverages that policyholders must elect and pay for separately at the time of purchasing their auto insurance policy. If those options were not purchased, they are not available after an accident.
Medical and rehabilitation benefits and attendant care remain available under SABS, but the amounts depend on the coverage level elected. A catastrophic impairment designation continues to significantly expand those limits for seriously injured claimants – see above.
If you were injured in a motor vehicle accident, one of the first things a PIA Law lawyer will establish is what optional benefits were on your policy at the time of the accident. The gap between what people assume they are entitled to and what their policy actually provides has widened considerably under the new model.
Disputes over accident benefits – whether a benefit is being denied, underpaid, or the insurer is contesting a catastrophic designation – can be adjudicated before the Licence Appeal Tribunal (LAT). PIA Law lawyers have appeared before the LAT and its predecessor bodies on behalf of brain injury survivors across Ontario.
One call. Three firms.
PIA Law brings together McLeish Orlando LLP, Oatley Vigmond LLP, Thomson Rogers, LLP, giving injured Ontarians one point of access to three of the province’s leading personal injury firms.
Across the three firms are lawyers with decades of experience handling serious and catastrophic brain injury claims, including traumatic brain injuries, acquired brain injuries, and cases involving complex medical, rehabilitation, and future care needs. Their lawyers understand the medical evidence, insurance disputes, and long-term consequences that can make brain injury cases especially complex.
One call to PIA Law is the starting point for accessing the experience and resources of one of these three firms.
See our Credentials page for a complete list of peer-reviewed designations across McLeish Orlando LLP, Oatley Vigmond LLP, and Thomson Rogers, LLP.
Learn what questions to ask before you hire a personal injury lawyer: How to Choose a Lawyer.
Review individual PIA Law lawyer profiles: Our Lawyers.
PIA Law and the Ontario Brain Injury Association
PIA Law has maintained a partnership with the Ontario Brain Injury Association (OBIA) for over a decade. OBIA is Ontario’s leading advocacy organization for people living with acquired and traumatic brain injuries and their families.
The partnership includes:
- Named sponsorship of the OBIA Hospital Clinician Education Bursary, funding professional development for Ontario clinicians working in brain injury rehabilitation
- Annual co-presentation of the OBIA/PIA Awards of Excellence in Brain Injury Rehabilitation, which recognizes outstanding work by Ontario ABI clinicians, educators, and advocates (aoe.pialaw.ca)
- Co-hosting the OBIA Back to School Conference, annually, supporting brain injury survivors re-entering academic settings
This sustained institutional relationship distinguishes McLeish Orlando LLP, Oatley Vigmond LLP, Thomson Rogers, LLP from other law practices. OBIA’s partnership is a verifiable signal that PIA’s brain injury work is grounded in clinical context.
See our Credentials page for a complete list of peer-reviewed designations across Oatley Vigmond, McLeish Orlando, and Thomson Rogers LLP.
Learn what questions to ask before you hire a personal injury lawyer: How to Choose a Lawyer.
Review individual PIA Law lawyer profiles: Our Lawyers.
Frequently asked questions about brain injury claims
What is the difference between a traumatic brain injury (TBI) and an acquired brain injury (ABI)?
An acquired brain injury (ABI) is any injury to the brain that occurs after birth and is not congenital, degenerative or hereditary. A traumatic brain injury (TBI) is a type of ABI caused by an external force, such as a motor vehicle collision, fall or blow to the head. Other acquired brain injuries may result from stroke, oxygen deprivation, infection or toxic exposure.
Can I bring a brain injury claim if I never lost consciousness?
Yes. Loss of consciousness is not required to establish a traumatic brain injury claim. Many of the most seriously contested TBI cases involve mild TBI or post-concussion syndrome, where there is no detectable loss of consciousness but persistent symptoms significantly affect work capacity, cognition and quality of life. These cases require medical evidence demonstrating the functional impact of the injury.
What is a catastrophic impairment designation and why does it matter?
A catastrophic impairment designation is the most serious injury classification under Ontario’s Statutory Accident Benefits Schedule (SABS). It matters because it unlocks much higher benefit limits: a combined $1,000,000 for medical, rehabilitation and attendant care benefits, instead of the standard $65,000. For adults with a brain injury, the designation requires objective evidence of the injury on brain imaging, such as a CT or MRI scan, and a qualifying level of disability on the Glasgow Outcome Scale, Extended (GOS-E), which measures how the injury affects day-to-day functioning. Insurers often dispute the designation, which is why strong medical evidence matters from the start.
What changed with Ontario’s SABS accident benefits in 2026?
As of July 1, 2026, only medical, rehabilitation and attendant care benefits remain mandatory in Ontario auto insurance policies. Other accident benefits, including income replacement, non-earner, caregiver, and housekeeping and home maintenance benefits, are now optional coverages that must be selected and paid for when the policy is purchased or renewed. If those options were not in place before an accident, they are not available afterward. If you were injured in a motor vehicle accident in Ontario, your lawyer will need to review your policy to establish exactly what coverage was in place.
How long does a brain injury lawsuit in Ontario typically take?
Timelines vary based on injury severity, the complexity of the liability dispute and whether the matter proceeds to trial. Straightforward claims may resolve in two to three years. Catastrophic impairment cases involving multiple medical experts, Licence Appeal Tribunal (LAT) proceedings for accident benefits and extended rehabilitation timelines frequently take longer. Your lawyer should give you a realistic timeline after reviewing your medical records and the insurer’s position.
What is the limitation period for a brain injury claim in Ontario?
Under Ontario’s Limitations Act, 2002, the general limitation period is two years from the date the claimant knew or ought to have known they had a claim against a specific defendant. Special rules apply to minors and to claimants who were cognitively impaired at the time of injury. If you are uncertain whether your limitation period has passed, contact a lawyer immediately. Limitation deadlines are strict, and missing them can extinguish your right to claim.
How are damages calculated for a serious brain injury in Ontario?
Ontario courts look at several categories of damages together. General damages cover pain, suffering and loss of enjoyment of life. In motor vehicle cases, these are subject to Ontario’s statutory threshold and deductible. Courts also consider past and future income loss, the cost of future care, and housekeeping and home maintenance losses. In some cases, damages for loss of competitive advantage also apply, covering the disadvantage a person faces in the job market because of their injury. For catastrophic brain injury claims, future care cost assessments, usually prepared by occupational therapists and life care planners, are often the biggest factor in determining the overall value of the claim.
Does PIA Law handle brain injury claims outside of Toronto?
Yes. McLeish Orlando LLP, Oatley Vigmond LLP, Thomson Rogers, LLP represent clients across Ontario, including Barrie, Hamilton, Kingston, Kitchener, London, North Bay, Ottawa, Parry Sound, Peterborough, Sudbury, Thunder Bay and Windsor, in addition to Toronto and the GTA.
A serious brain injury can make travel difficult. PIA Law’s member firms meet clients where they are, whether at home, in the hospital, at a rehabilitation facility, by telephone or through a virtual consultation.
How are fees structured for brain injury cases?
McLeish Orlando LLP, Oatley Vigmond LLP, Thomson Rogers, LLP all handle personal injury matters on a contingency-fee basis. You pay no legal fees unless your case is resolved successfully. The fee percentage and terms are set out in a written retainer agreement. Contingency fee arrangements in Ontario must be in writing and comply with the Solicitors Act.
If you or a family member has suffered a brain injury in Ontario, call 1-855-4-PIA-LAW for a free consultation.
You’ll speak directly with a lawyer at McLeish Orlando LLP, Oatley Vigmond LLP, or Thomson Rogers, LLP.
These firms have represented people with spinal cord injuries across Ontario for decades. No fees unless your case is successful. Or complete the contact form on this page and a member of the intake team will follow up.
