Pembroke Catastrophic injury Lawyers
After a car accident, life can feel overwhelming. Coping with physical injuries, processing psychological trauma, undergoing necessary rehabilitative programs or other medical treatments, missing work, and worrying about the future can overshadow all regular aspects of an accident survivor’s life. This is especially true for those who have sustained catastrophic impairments as a result of their motor vehicle collisions.
Ontario’s Statutory Accident Benefits Schedule (SABS) provides a legal definition for catastrophic impairment. It also outlines the benefits that survivors of motor vehicle collisions may be entitled to receive.
Motor vehicle collision survivors who have sustained catastrophic impairments should be entitled to substantially higher amounts of accident benefits than those whose accident-related injuries are less severe. However, insurance companies sometimes offer unfairly low settlement amounts, denying or disputing claims, even when a claimant’s application is supported by medical evidence. In such cases, our Pembroke catastrophic injury lawyers may be able to provide critical legal assistance to help survivors navigate the dispute resolution process and obtain the coverage they rightfully deserve.
Catastrophic impairments are severe and permanent injuries resulting from a motor vehicle accident. According to the SABS, the following outcomes meet the definition of catastrophic impairment:
- 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 also provides specific criteria for catastrophic brain injuries caused by motor vehicle accidents. In order to meet the threshold of catastrophic impairment, a claimant must show positive findings of a traumatic brain injury (TBI) on a medically accepted brain imaging scan. They must also meet the following disability levels on the GOS-E scale:
- Vegetative state (assessed at least 1 month following the date of injury)
- Upper or lower severe disability (assessed between 6-12 months following the date of injury)
- Lower moderate disability (assessed 12+ months following the date of injury)
Despite the clear criteria outlined by the SABS, insurance companies may still dispute catastrophic impairment claims and offer unfairly low settlement amounts. They may question the severity of the injuries, challenge the medical evidence, or deny the claim altogether. This can leave survivors feeling frustrated and helpless, unsure of how to proceed.
Our Pembroke catastrophic injury lawyers have a history of advocating for the rights of our clients and helping them navigate the dispute resolution process with insurance companies. We understand the complexities of catastrophic impairment claims and the challenges survivors may face in obtaining fair treatment and compensation. To learn more about how our catastrophic injury lawyers serving Pembroke may be able to help with your case, contact us today.
Call for Your Free Initial Consultation
Our Pembroke catastrophic injury lawyers offer a free, no-obligation initial consultation to all prospective clients. During this consultation, our catastrophic injury lawyers will listen to your story, evaluate your case, and provide you with personalized legal advice on how to proceed. We understand the emotional and financial toll of catastrophic injuries, and we are committed to helping survivors obtain the compensation they deserve.
If you or a loved one has sustained catastrophic impairments due to a motor vehicle collision and are facing challenges with an insurance claim, do not hesitate to contact our catastrophic injury lawyers serving Pembroke. Call our offices today to schedule your free initial consultation.