Kenora Catastrophic injury Lawyers
Dealing with the aftermath of a serious motor vehicle collision can be overwhelming. Motor vehicle accidents can cause unsuspecting members of the local community to sustain a host of injuries ranging in severity from mild to catastrophic.
In the province of Ontario, the term “catastrophic impairment” is more than a description of accident-related injuries. Its legal definition is determined by Ontario’s Statutory Accident Benefits Schedule (SABS), providing clear and specific verbiage to explain which medical outcomes are considered to be “catastrophic” consequences of a motor vehicle accident. These are as follows:
- 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
These life-altering injuries can have a significant impact on a survivor’s physical, emotional, and financial well-being, often causing long-term financial burdens that can adversely affect not only the accident victim but also their loved ones and family members.
That being the case, the SABS mandates that catastrophically impaired accident victims should be entitled to substantially higher accident benefits than those whose injuries are lower in severity. In accordance with the SABS, all basic auto insurance plans are required to include provisions for no-fault accident benefits that differ based on the severity of the injuries sustained in the collision. These differing benefits amounts are as follows:
- Minor injuries: $3,500 in medical and rehabilitation benefits
- Non-minor, non-catastrophic injuries: $65,000 for the combined total costs of medical, rehabilitation, and attendant care benefits over 5 years
- Catastrophic injuries: $1 million in combined medical, rehabilitation, and attendant care benefits for life
However, insurance companies often deny or dispute these claims, even when supported by evidence and medical opinions from healthcare providers. Insurers often find reasons to dispute, scrutinize, or even deny accident benefits claims outright. Furthermore, they may offer unfairly low settlement amounts to catastrophically impaired accident survivors. Many claimants feel pressured to accept these low offers rather than engaging in complicated, drawn-out negotiations, mediations, and legal processes.
Dealing with insurance companies can cause catastrophically injured car accident survivors to experience even more stress and hardship than they are already facing. However, by working with our Kenora catastrophic injury lawyers, unfairly treated insurance claimants may be able to recover the benefits they rightfully deserve.
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Our catastrophic injury lawyers serving Kenora understand the challenges faced by accident survivors dealing with insurance companies. We are committed to helping injured members of our local community recover fair coverage and fair treatment from their insurance providers.
If you have sustained catastrophic impairments as a result of a motor vehicle collision, do not hesitate to seek legal help. Call our Kenora catastrophic injury lawyers today to schedule a free initial consultation. To learn more about how we may be able to assist you on your path to recovery, contact us today.