Pickering Catastrophic injury Lawyers
Catastrophically impaired survivors of motor vehicle accidents face enormous challenges. From physical pain to emotional distress to economic instability, the impacts of a serious car accident can continue afflicting an individual’s life and their livelihoods for years following their collision.
Survivors of motor vehicle accidents in Ontario should be able to receive no-fault accident benefits from their auto insurance provider. Accident benefits are intended to help injured drivers, passengers, cyclists, pedestrians, motorcyclists, and other survivors of motor vehicle collisions cover certain costs associated with their injuries.
The amount of benefits available to each individual accident survivor depends on the severity of the injuries they have sustained. These accident benefits amounts are mandated by the province of Ontario’s Statutory Accident Benefits Schedule (SABS).
On top of legislating the mandatory minimum accident benefits coverage that must be included in all basic auto insurance plans, the SABS provides a definition of “catastrophic impairment” to clarify which accident survivors should be entitled to higher benefits amounts. According to the SABS, in order to be eligible for accident benefits commensurate with catastrophic impairments, an accident survivors must have sustained at least one of the following criteria as a result of their collision:
- 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
Since catastrophic impairments are associated with higher medical expenses and pervasive, ongoing costs of treatment, individuals whose injuries meet the threshold of catastrophic impairment should be entitled to higher benefits amounts than people who sustained less severe injuries. In Ontario, all basic auto insurance plans must include provisions for the following accident benefits 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
Unfortunately, insurance companies often dispute the claims of catastrophically impaired accident survivors. They may require them to undergo independent medical evaluations, subject their claim to unwarranted scrutiny, encourage claimants to accept unfairly low settlement amounts, or force them to participate in lengthy, ongoing dispute resolution processes.
Taking any of these actions can make it difficult for catastrophically impaired accident survivors to cover their costs for medical treatment, physical rehabilitation, necessary home modifications, and attendant care. By withholding the accident benefits they should be owed, insurance companies can force individuals who are already in difficult situations to endure even greater challenges.
Our Pickering catastrophic injury Lawyers understand the challenges you’re facing, and are committed to helping accident survivors in our local community get the benefits they deserve. If you have sustained a permanent, severe injury in a motor vehicle accident and feel like your insurance provider is treating you unfairly, do not hesitate to contact us.
Call Today for Your Free Initial Consultation
To take advantage of a free initial consultation with our catastrophic injury lawyers serving Pickering, contact us today. We may be able to represent your best interests and fight on your behalf to help you get the compensation you rightfully deserve.