Thornhill Catastrophic injury Lawyers
The financial losses associated with catastrophic impairments can be overwhelming, difficult to calculate, and pervasive throughout an individual’s lifetime. The limitations resulting from catastrophic impairments may prevent individuals from pursuing their careers and reduce their capacities to earn wages in the future or make previously expected career advancements. Additionally, accident survivors may require expensive medical treatments, ongoing courses of physical rehabilitation, attendant care, and other costly expenses that can be financially burdensome.
In Ontario, regardless of who was at fault for the accident, individuals who have suffered catastrophic impairments in a motor vehicle collision should be entitled to no-fault accident benefits. That is because the province’s Statutory Accident Benefits Schedule (SABS) mandates that all auto insurance plans include accident benefits coverage for injured motor vehicle accident survivors. The amount of accident benefits to which they could be entitled varies based on the severity of injuries they have sustained. These include:
- Minor injuries: $3,500 in medical and rehabilitation benefits
- Non-minor, non-catastrophic injuries: $65,000 for the combined total costs of medical, rehabilitation, and attendant care benefits over 5 years
- Catastrophic injuries: $1 million in combined medical, rehabilitation, and attendant care benefits for life
To qualify for a catastrophic impairment designation, a survivor’s accident-related injuries must meet specific criteria set out in the official definition of the term included in the SABS. The eligibility criteria is as follows:
- 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
Accident survivors applying for a catastrophic impairment designation require supporting medical evidence and opinions from their healthcare provider or a physician familiar with their acquired medical conditions. Individuals applying for accident benefits for catastrophic brain injuries must provide positive findings of the traumatic brain injury on a medically accepted imaging scan (such as CT scan or MRI). They must also meet one of the following GOS-E outcomes:
- 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)
Unfortunately, even after being supplied with the requisite information from the claimant’s physicians, insurers may find reasons to deny an applicant’s claim for accident benefits commensurate with catastrophic impairments. They might offer unfairly low settlement amounts in an attempt to pay permanently injured policyholders less than what they deserve.
Our Thornhill catastrophic injury lawyers are dedicated to helping clients receive fair treatment from their insurance providers. We offer a free initial consultation to discuss your case, provide personalized legal feedback, and determine how we may be able to support you during this challenging time. To book your free initial consultation with our catastrophic injury lawyers serving Thornhill, contact us today.
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The goal of our Thornhill catastrophic injury lawyers is to help protect the rights of severely injured members of the local community. We pride ourselves in fighting for the rights of the clients we represent to help them receive the compensation they deserve.
Do not let insurance companies bully you into accepting less than what you are owed. Contact our Thornhill catastrophic injury lawyers today to schedule your free initial consultation.