Brooklin Catastrophic injury Lawyers
If you sustained catastrophic impairments as the result of a motor vehicle accident, the days, weeks, and even months following your collision can feel overwhelming. No one anticipates being involved in any kind of accident, let alone one that causes severe, permanent, and life-changing injuries.
Readjusting to regular life after being catastrophically impaired can be one of the most extraordinary challenges a person will be required to face in their lifetime. In addition to coping with new physical realities and the psychological impacts of your accident, you may find the process of dealing with insurance providers to be complicated, confusing, and disheartening.
Moreover, many catastrophically impaired accident survivors face financial difficulties as a result of the injuries they have sustained. In addition to home renovations and lifestyle adjustments to accommodate new disabilities, catastrophically impaired accident victims may incur financial losses related to lost wages and reduced future earning capabilities, in addition to medical expenses, rehabilitative treatments, attendant care services, and other major expenses.
In accordance with the province’s Statutory Accident Benefits Schedule (SABS), all basic auto insurance plans in Ontario must provide policyholders with mandatory amounts of accident benefits coverage. Anyone who is injured as the result of a motor vehicle collision should be eligible to receive accident benefits. The amount to which they are entitled is based on the severity of the injuries they have sustained. Those who meet the threshold of catastrophic impairment are entitled to substantially higher amounts of accident benefits than those who sustained less severe injuries in their collisions.
On top of mandating the amount of accident benefits to which injured accident survivors should be entitled, the SABS also provides definitive criteria for insurers to determine whether an accident benefits claimant meets the threshold of catastrophic impairment. Ontario’s SABS defines the term “catastrophic impairment” as a severe, permanent injury sustained in a motor vehicle accident resulting 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
Whereas accident survivors who have sustained minor injuries are entitled to $3,500 in medical and rehabilitation benefits and those with non-minor but non-catastrophic injuries could receive up to $65,000 for the combined total costs of medical, rehabilitation, and attendant care benefits over five years, individuals who sustained catastrophic impairments are entitled to significantly higher amounts of accident benefits. According to the SABS, people who have sustained catastrophic impairments in a motor vehicle accident should be entitled to $1 million for life in combined medical, rehabilitation, and attendant care benefits.
However, just because the law requires this coverage to be included in basic auto insurance plans does not mean insurance companies always provide deserving claimants with accident benefits commensurate with their injuries’ severity. Indeed, in many cases, insurers dispute the claims of catastrophically impaired accident survivors, withhold the benefits they’re rightfully owed, and unnecessarily complicate the process to coerce claimants into accepting unfairly low settlement amounts.
For more than sixty years, our Brooklin catastrophic injury lawyers have fought against the unfair tactics often used by insurance companies to protect the rights of accident survivors in the region. To learn more about working with our catastrophic injury lawyers serving Brooklin, contact us to receive a free initial consultation on your case.
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Our Brooklin catastrophic injury lawyers are keenly aware of how overwhelming and confusing the process of fighting for fair coverage can be. By working with our catastrophic injury lawyers serving Brooklin, you may be able to recover the amount of accident benefits to which you are rightfully entitled.
To review your case and receive personalized legal feedback about options that might be available to you, contact our Brooklin catastrophic injury lawyers today and schedule your cost-free, no-obligation initial consultation.