Bracebridge Catastrophic injury Lawyers
The days, weeks, and months following a car accident can feel overwhelming. This is especially true for the survivors of motor vehicle collisions whose accidents caused them to sustain catastrophic impairments.
Ontario’s Statutory Accident Benefits Schedule (SABS) provides a legal definition for the term “catastrophic impairment.” This legislation provides clear parameters and qualifying criteria for accident benefits amounts commensurate with the severity of these permanent, life-changing injuries.
Since all basic auto insurance plans must include the coverage specified in the SABS, everyone who is injured in a motor vehicle accident – regardless of their level of culpability for the collision – should be entitled to no-fault accident benefits. The amount of benefits an accident survivor should be able to claim differ based on the severity of the injuries they sustained in their collisions.
Some policyholders may decide to purchase extra coverage. However, all basic auto insurance plans in the province must include provisions for the following mandatory minimum accident benefits amounts:
- $3,500 in medical and rehabilitation benefits for accident victims who sustained minor injuries
- $65,000 over 5 years for the combined total costs of medical, rehabilitation, and attendant care benefits for accident victims who sustained non-minor, non-catastrophic injuries
- $1 million for life in combined medical, rehabilitation, and attendant care benefits for accident victims who sustained catastrophic injuries
As such, if an individual’s accident-related injuries meet the threshold for catastrophic impairment as defined by the SABS, they should be entitled to the highest level of accident benefits available. According to the SABS, the following outcomes resulting from a motor vehicle accident meet the definition of “catastrophic impairment:”
- Paraplegia or Tetraplegia
- Severe impairment of ambulatory mobility or use of an arm; or Amputation
- Loss of Vision of Both Eyes
- Traumatic Brain Injury (TBI) meeting the Glasgow Outcome Scale-Extended (GOS-E) criteria
- Physical Impairment or Combination of Physical Impairments (which results in 55% or more of whole person)
- Mental or Behavioural Impairment (excluding Traumatic Brain Injury) Combined with a Physical Impairment (which results in 55% or more impairment of the whole person)
- Marked impairment in three or more areas of function that precludes useful functioning; or an Extreme impairment in one or more areas of functioning due to mental or behavioural disorder
The SABS also provides a definitive definition for catastrophic brain injuries for traumatic brain injuries (TBI) caused by motor vehicle accidents. In order for a TBI to be considered catastrophic, the patient must show positive findings of a TBI on a medically accepted brain imaging scan (such as CT scan or MRI). They must also meet the criteria for one of the following outcomes on the GOS-E:
- Vegetative state (assessed at least 1 month following the date of injury)
- Upper or lower severe disability (assessed between 6-12 months following the date of injury)
- Lower moderate disability (assessed 12+ months following the date of injury)
Unfortunately, even when supplied with medical proof and an assessment from the applicant’s physician in the form of an OCF-19 form, insurers may find reasons to deny a catastrophically impaired accident survivor’s claim. They may dispute the physician’s findings, question the severity of the injuries sustained, and offer an unfairly low settlement amount that does not take the patient’s full spectrum of impairment into account. In these situations, legal assistance from our Bracebridge catastrophic injury lawyers may be critical.
Our catastrophic injury lawyers serving Bracebridge have a history of fighting for the rights of the clients we represent so that they can receive the coverage to which they are rightfully entitled. To learn more about working with our Bracebridge catastrophic injury lawyers, contact us today.
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At Preszler Injury Lawyers, all prospective clients receive a cost-free, no-obligation initial consultation. To learn how our catastrophic injury lawyers serving Bracebridge may be able to help you recover the fair treatment and compensation you deserve, call our offices today.
