Each year, there are over 22,000 new brain injuries in BC (estimated by the BC Brain Injury Association) and more than 50% are the result of motor vehicle accidents. As a result, there are many claims on insurance providers for compensation. Are the claims handled in a fair, timely manner by the insurers and the legal system? Frequently NOT!
A person 19 years of age or older with a moderate to severe brain injury will be vulnerable to manipulation, discrimination and abuse. They may make poor decisions when it comes to money or legal matters. Often, brain injuries are “invisible” and thus there is doubt and scepticism about the injury by both the insurer and the legal system. Claims are prone to be discounted as fraudulent.
At this point a litigation guardian is essential if the brain injury victim is to receive equal access and equal treatment before the law. While a judge may rule a person with a brain injury “under disability” and therefore require a litigation guardian, what about cases that don’t go to court? And what if no litigation guardian can be found? Family members acting as litigation guardians need to consider they will be responsible for making all decisions AND will be responsible for all costs incurred in bringing the lawsuit.
To illustrate these problems more clearly, access the actual case summaries.