Temiskaming Shores Catastrophic injury Lawyers
Survivors of motor vehicle collisions who are catastrophically impaired may feel the effects of their injuries for the rest of their lives. They may be forced to endure an ongoing series of difficulties and indignities that can be physical, psychological, and financial in nature.
The financial losses associated with catastrophic impairments can be difficult to quantify. Due to the permanent and severe nature of these accident-related injuries, motor vehicle collision survivors whose medical conditions meet the threshold of catastrophic impairment may be unable to continue pursuing their chosen career (or, indeed, to continue working in any occupation). This can result in lost wages and reduced future earning capabilities. Furthermore, catastrophically impaired accident survivors may require important and expensive medical treatments, ongoing physical rehabilitation, the services of a personal support worker, and other costly expenses they may no longer be able to afford.
However, regardless of who was at fault for the accident, any individual who sustained catastrophic impairments in a motor vehicle collision should be entitled to no-fault accident benefits. Possible claimants might include injured drivers, their passengers, motorcycle accident survivors, and pedestrians, cyclists, and other road-users injured in an accident.
In Ontario, the Statutory Accident Benefits Schedule (SABS) requires all auto insurance plans to include accident benefits coverage for injured motor vehicle accident survivors. These benefits provide financial support to people struggling to afford the costs of their injury-related expenses. The amount of benefits to which claimants are entitled and the duration of their payment period depends on the severity of their injuries.
The SABS standardizes the accident benefits coverage that must be included in all basic auto insurance plans throughout the province. The different tiers of mandatory coverage are as follows:
- $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
Catastrophically impaired accident survivors are entitled to higher levels of coverage. The SABS provides a specific definition for what injuries meet the threshold of catastrophic impairment. If a survivor’s injuries meet this definition, they should be able to receive a catastrophic impairment designation and receive appropriate accident benefits. Per the SABS definition, medical conditions that should qualify a car accident survivor to receive accident benefits commensurate with catastrophic impairments include:
- 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
However, insurance companies may dispute or disregard medical evidence submitted by claimants’ physicians. This can result in delayed or withheld payments of appropriate accident benefits. Insurance companies might also use coercive tactics to pressure claimants into accepting lower settlement amounts than what they are fairly owed.
Our Temiskaming Shores catastrophic injury lawyers are committed to helping our clients receive fair treatment from their insurance providers. During a free initial consultation with our catastrophic injury lawyers serving Temiskaming Shores, you will have the opportunity to discuss your case, receive personalized legal feedback, and learn how we may be able to provide you with legal support throughout this difficult time. To schedule your cost-free, no-obligation first meeting with our catastrophic injury lawyers serving Temiskaming Shores, contact us today.
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Do not let insurance companies take advantage of you. Instead, let our Temiskaming Shores catastrophic injury lawyers help you get the compensation you deserve. To learn more, call our offices and receive your free initial consultation.