Smiths Falls Catastrophic injury Lawyers
Motor vehicle accident victims who have sustained catastrophic impairments could lose their mobility, their senses, their independence, and their ability to continue supporting themselves and their families. These severe, permanent injuries have lifelong consequences that undoubtedly impact people’s long-term physical, psychological, and economic well-being.
In Ontario, the province’s Statutory Accident Benefits Schedule (SABS) defines the term “catastrophic impairment” as injuries sustained in a motor vehicle accident resulting in at least one of the following medical outcomes:
- 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
Whether the catastrophically impaired accident victim was injured while operating their motor vehicle or traveling in someone else’s car as a passenger, whether they were struck by a vehicle while cycling or crossing the road, they should be entitled to no-fault accident benefits to offset their injury-related expenses. Since the amount of accident benefits available to motor vehicle collision survivors varies based on the severity of their injuries, catastrophically impaired accident victims should be entitled to the highest amounts of accident benefits from their insurance provider.
In addition to defining the term “catastrophic impairment” to determine which accident survivors should be entitled to higher amounts of accident benefits, the SABS also legislates the mandatory coverage that must be included in all basic auto insurance plans throughout Ontario. The following are the prescribed amounts that must be included in all auto insurance plans provincewide:
- $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
Despite the fact that a medical expert familiar with the claimant’s medical condition is required to share their patient’s prognosis as well as supporting evidence in order to apply for a catastrophic impairment designation, insurance companies may find reasons to deny a qualifying applicant’s claim. They may require the claimant to undergo an independent medical examination, refute their physician’s findings, blame the applicant’s injuries on pre-existing conditions, or subject the injured party to a lengthy, drawn-out dispute resolution process to try pressuring them into accepting less money than what they should be owed.
Our Smiths Falls catastrophic injury lawyers appreciate just how confusing, frustrating, and overwhelming dealing with insurance companies can be, especially for catastrophically impaired survivors of sudden, traumatic accidents. That is why our catastrophic injury lawyers serving Smiths Falls strive to make the process of fighting for fair coverage as straightforward and uncomplicated as possible. To learn more, contact us today.
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No one struggling to return to the pace of regular life after sustaining a catastrophic impairment should be forced to focus their energy on a fight with their insurance provider. Our Smiths Falls catastrophic injury lawyers handle all aspects of our clients’ cases so that they can focus on their recovery.
To schedule a free initial consultation with our catastrophic injury lawyers in Smiths Falls, contact us today and learn more about how we can assist you in obtaining the compensation you deserve.