Brampton Catastrophic Injury Lawyers
When a person suffers a catastrophic injury due to a motor vehicle accident, the resulting physical, emotional, and financial consequences can be overwhelming. However, regardless of who was responsible for causing the collision, if they were injured as a result, they should be entitled to no-fault accident benefits.
In Ontario, the Statutory Accident Benefits Schedule (SABS) legislates the amount of coverage that must be included in all basic auto insurance policies. Accident survivors whose injuries meet the threshold of catastrophic impairment should be entitled to higher amounts of accident benefits than those whose resulting injuries are less severe. The SABS defines catastrophic impairment as injuries that result in at least one of the following:
Under the SABS, a catastrophic impairment is defined as an injury that results in:
- 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
Even though a motor vehicle accident survivor’s physicians may recommend that their patient should receive accident benefits commensurate with catastrophic impairments, it can be difficult to convince insurance companies of their injuries’ severity. This is especially true for people who have suffered catastrophic brain injuries.
Proving the severity of a traumatic brain injury (TBI) can be challenging. In addition to showing positive findings of a TBI on a brain imaging scan, in order to meet the threshold of catastrophic impairment, motor vehicle accident survivors must meet the criteria for one of the following GOS-E outcomes:
- 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)
However, even after submitting thorough medical evidence along with their applications for accident benefits proving the severity of their injuries, catastrophically impaired insurance claimants may be offered unfairly low settlements. In many cases, the benefits offered to injured accident survivors by insurance companies do not take the full impact of their injuries into account.
If you survived a motor vehicle accident with permanent, catastrophic impairments but your insurer believes your injuries do not qualify you to receive the benefits you are rightfully owed, consider scheduling a free initial consultation with our Brampton catastrophic injury lawyers. You may be eligible to appeal your insurance provider’s decision and recover the compensation you deserve. To speak with our catastrophic injury lawyers serving Brampton, contact us today and book your cost-free, no-obligation consultation.
Call Our Brampton Catastrophic Injury Lawyers
After sustaining life-changing injuries in a shocking, traumatic event, the last thing you should be forced to deal with is an insurance company’s unfair treatment. Our Brampton catastrophic injury lawyers may be able to work on your behalf to help you get the accident benefits you deserve.
To learn more, call Preszler Injury Lawyers today and take advantage of your free initial consultation.