Cobourg Catastrophic injury Lawyers
Dealing with the aftermath of a catastrophic injury caused by a motor vehicle accident can be incredibly overwhelming. A serious, life-changing car accident is not something anyone plans for, and the physical, emotional, and financial tolls they take can be immense. Many accident survivors face significant challenges trying to navigate the insurance claim process. It is a bureaucratic, ongoing process that can be confusing and disheartening, especially when insurance companies offer unfairly low settlement amounts.
In the province of Ontario, the Statutory Accident Benefits Schedule (SABS) mandates that all basic auto insurance plans provide accident benefits coverage to injured survivors of motor vehicle collisions. The amount of benefits varies based on the severity of the injuries sustained. Those who meet the threshold of catastrophic impairment are entitled to substantially higher amounts.
All basic auto insurance plans throughout Ontario must include 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 legislating the amount of insurance coverage that must be included in all basic auto insurance plans, the SABS provides a definition of catastrophic impairment to clarify which injured accident victims should be entitled to higher amounts of accident benefits. In accordance with the SABS, in order to meet the threshold of catastrophic impairment, a motor vehicle collision victim must have sustained at least one of the following conditions as a result of their accident:
- 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
When applying for accident benefits, claimants must provide their insurer with a completed OCF-19 form. This Application for a Determination of Catastrophic Impairment must be completed by the claimant’s physician or a medical expert familiar with their injuries. This form gives the physician the opportunity to give their opinion on the claimant’s prognosis and support their claim for accident benefits commensurate with their injuries’ severity.
Unfortunately, insurance companies often dispute claims and withhold rightful benefits from catastrophically impaired accident survivors. This can result in unfair settlement offers and prolonged dispute resolution proceedings, adding further stress to an already challenging situation.
Our Cobourg catastrophic injury lawyers have been advocating for the rights of accident survivors for over sixty years. We understand the complexities of the system and the challenges our clients face.
If your insurance provider offered you an unfairly low settlement amount, or if your claim for accident benefits was denied, contact us today. Our team of catastrophic injury lawyers serving Cobourg may be able to help you navigate the legal process and recover the benefits to which you are rightfully entitled.
Call Our Offices Today
Our Cobourg catastrophic injury lawyers offer a free initial consultation to all prospective clients. Taking advantage of this consultation will allow us to assess your case, answer your questions, and provide you with an understanding of your legal options without any obligation or cost to you.
If you believe your insurance provider is trying to treat you unfairly, do not hesitate to get in touch with our catastrophic injury lawyers serving Cobourg to receive your free initial consultation.