Ganonoque Catastrophic injury Lawyers
Surviving a motor vehicle accident that results in catastrophic impairment can have long-lasting physical, emotional, and financial impacts. The aftermath of such a severe collision can be overwhelming, as survivors are faced with daunting challenges that can affect every aspect of their lives.
In addition to adverse physical and psychological repercussions, catastrophically impaired accident survivors often incur substantial financial burdens. Sustaining serious, permanent injuries can be expensive, and many catastrophically impaired accident victims are ill-prepared to weather the resulting financial storm.
Fortunately, all Ontario auto insurance plans have basic provisions for no-fault accident benefits. This coverage is intended to provide support to those who have been injured, regardless of who was at-fault for the collision. Depending on the severity of the injuries sustained, accident benefits can help survivors afford certain injury-related costs, such as medical treatment, physical rehabilitation, and attendant care.
Although everyone who has sustained injuries in motor vehicle collisions – including drivers, their passengers, motorcycle riders, cyclists, and pedestrians – should be able to easily access accident benefits, the process of submitting an insurance claim can be complex and overwhelming in practice. That is why working with our Gananoque catastrophic injury lawyers may prove advantageous.
Ontario’s Statutory Accident Benefits Schedule (SABS) has specific criteria to determine which injuries qualify for the designation of “catastrophic impairment.” Accident survivors who meet the threshold of catastrophic impairment should be entitled to higher amounts of accident benefits than those who have sustained injuries of less severity.
According to the SABS, the following motor vehicle accident outcomes should qualify an accident survivor to recover benefits amounts commensurate with catastrophic impairments:
- 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 outlines the basic amounts of benefits that must be included in all auto insurance plans in Ontario, based on the types of injuries sustained. These benefits range from $3,500 in medical and rehabilitation benefits for minor injuries to $65,000 over 5 years for non-minor, non-catastrophic injuries in combined medical, rehabilitation, and attendant care benefits.
Catastrophically impaired accident survivors are entitled to a substantially higher amount of benefits. Basic auto insurance plans should provide catastrophically impaired accident victims with up to $1 million in combined medical, rehabilitation, and attendant care benefits for life.
Even though claimants applying for a catastrophic impairment designation must provide their insurer with an OCF-19 form detailing a healthcare professional’s medical opinions about their patient’s accident-related condition, insurers may still find ways to complicate the claims process, and withhold or delay proper funding. Their tactics could be viewed as ways to pressure unknowing claimants into accepting settlement amounts that are far lower than the benefits they truly deserve.
If you find yourself being pressured by your insurer to accept an unfairly low settlement offer, it is important to seek legal support and assistance. Our Gananoque catastrophic injury lawyers understand the challenges faced by catastrophically impaired accident survivors and provide case-specific legal advice during a free initial consultation. To take advantage of yours, contact us today.
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As catastrophic injury lawyers serving Gananoque, we are committed to providing personalized and compassionate legal support to injured members of the local community. We understand the emotional and practical realities of navigating the aftermath of an injury-causing motor vehicle accident, and we are here to help.
Contact our Gananoque catastrophic injury lawyers today to book your free initial consultation.