Ottawa Catastrophic Injury Lawyer
Any injury that someone suffers in an accident is serious. However, some injuries rise to the level of catastrophic. An injury like this prevents the injured party from maintaining his or her quality of life from before the accident, including an inability to work.
Extreme injuries like this are life-changing for the victim. He or she may be facing years of medical bills as well as the possibility of permanent disfigurement or disability. Such injuries affect the victim’s family, both financially and emotionally.
Consider hiring an Ottawa catastrophic injury lawyer to help you determine whether you are eligible to receive damages for your medical bills and pain and suffering. At Preszler Injury Lawyers, we stand up for the rights of victims in cases like these. Call us at 1-800-JUSTICE today. We are ready to begin working on your behalf as soon as you hire us.
Types of Catastrophic Injuries in Ontario
Certain types of injuries may be considered catastrophic. These include:
- Paralysis: The victim suffers partial or full-body paralysis.
- Amputation: The victim may have lost a limb or lost all of the function in a limb.
- Blindness: The victim has lost sight in both eyes.
- Impairment: the victim’s entire body suffers an impairment of at least 55%.
- Traumatic brain injury: The victim suffers some form of TBI, including concussion, seizure, persistent headache, coma, or other injuries.
Understand that a personal injury lawsuit that involves a serious, life-changing injury often requires a long time to come to a settlement. This delay may be a difficult process, and you may want an Ottawa catastrophic injury lawyer on your side to guide you the entire way.
Statutory Accident Benefits Schedule
All car insurance in Ontario includes coverage under the Statutory Accident Benefits Schedule, or SABS. The schedule contains information about the definition of a catastrophic injury, as well as information about limits regarding catastrophic benefits.
SABS may be difficult to understand for people who do not deal with these topics on a daily basis. Changes to the rules occur occasionally as well, further confusing the situation.
At Preszler Injury Lawyers, our team knows how to apply SABS in different cases. We may be able to help you determine exactly what you should receive in a catastrophic injury settlement involving a car accident. We take pride in standing up for victims in cases like this. Call us at 1-800-JUSTICE as soon as possible.
When someone files a catastrophic personal injury lawsuit in Ontario, the court may attempt to determine the level of contributory negligence when deciding awards, according to the Negligence Act.
Contributory negligence refers to the percentage at which the victim in the case may have behaved in a negligent manner himself or herself. The court then may reduce the recovery amount by the percentage of fault the victim contributed to the accident.
Should the other party’s insurance company attempt to argue that you, as the victim, played a significant role in the accident or were completely at fault for the accident, you may not be able to receive any compensation.
Determining Partial Fault
When an accident occurs, it is possible that one party was completely at fault for the accident. Other times, though, it is easy to see that two parties share the fault.
This instance may occur in a traffic accident, where both drivers may have made a mistake. Or, in a trip and fall accident on private property, the victim may have been behaving in a reckless manner, but a loose floorboard may have caused the victim to ultimately trip and fall.
Help with Measuring Fault
In a catastrophic injury case, the determination of partial fault may result in a significant reduction in a financial settlement. It is important to rely on the facts in the case to try to prove the victim played little or no role in the accident, while the other party was primarily at fault.
An Ottawa catastrophic injury lawyer may be able to interview witnesses, read police reports, and inspect any video of the accident in an attempt to strengthen your case.
Fair Treatment from the Insurance Company
After a serious accident in which someone else was primarily or entirely at fault, you, as the victim, may hear from the other party’s insurance company. The insurer may even offer you a settlement or make promises to you about your future care.
However, this does not mean the insurance company is treating you fairly. The settlement may not truly compensate you for the serious nature of your injuries. When you hire Preszler Injury Lawyers, we may be able to negotiate with the insurer on your behalf. We may be able to help you determine whether a settlement offer is fair.
Call us at 1-800-JUSTICE today. We work on a contingency fee basis, which means we do not accept payment for our services until after the case reaches a satisfactory settlement. If your injuries prevent you from traveling, we may be able to come to your location.