Bradford Catastrophic injury Lawyers
After sustaining a catastrophic impairment in a motor vehicle accident, the process of readjusting to regular life with a permanent injury can take patience, emotional strength, and financial support. The costs associated with catastrophic impairments can be astronomical, and many victims of sudden, unexpected motor vehicle collisions find themselves struggling under the weight of their new financial obligations.
Catastrophically injured survivors of motor vehicle collisions should be entitled to accident benefits. All basic auto insurance plans in Ontario are required to include a mandatory minimum amount of accident benefits coverage. The amounts of accident benefits available to injured parties are based on the severity of the injuries they sustained as a result of their motor vehicle accident. These mandated amounts are determined by the province’s Statutory Accident Benefits Schedule (SABS).
Some drivers and vehicle owners may elect to purchase extra coverage on top of the mandatory coverage included in all basic auto insurance plans, and may therefore be entitled to higher amounts of accident benefits. However, per the Ontario SABS, all basic auto insurance plans must include at least the following coverage:
- $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
In addition to mandating the amounts of accident benefits available to the people injured in motor vehicle collisions, the SABS provides a definition for the term “catastrophic impairment.” By doing so, the legislation provides clear guidelines as to which accident survivors should be entitled to higher amounts of accident benefits.
Insurers, therefore, must consider several factors when determining if a claimant meets the definition of catastrophic impairment. In order to meet the threshold of catastrophic impairment, a person’s accident-related injuries must result in at least one of the following outcomes:
- 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
Unfortunately, even when provided with compelling medical evidence and the assessments of physicians familiar with the claimant’s injuries, insurance companies often dispute catastrophically impaired applicants’ claims for accident benefits. They may require them to undergo independent medical evaluations, engage in a lengthy dispute-resolution process, or even deny their claims altogether.
If this has happened to you, consider scheduling a free initial consultation with our Bradford catastrophic injury lawyers. With combined decades of experience fighting against the unfair tactics used by insurance companies to withhold funding from deserving policyholders, our catastrophic injury lawyers serving Bradford may be able to represent your best interests and help you recover the accident benefits you deserve. To learn more about working with our Bradford catastrophic injury lawyers, contact us today.
Call for Your Free Initial Consultation
During a free initial consultation with our catastrophic injury lawyers serving Bradford, you will have the chance to discuss your situation and the impact your impairments have had on your overall quality of life. You will also have the opportunity to receive case-specific legal advice about your options, and learn more about the financial compensation that may be available to you.
To learn more, call our Bradford catastrophic impairment lawyers today. We are standing by to answer your call.