Trenton Catastrophic injury Lawyers
Motor vehicle collisions can result in a range of injuries, including permanent, catastrophic impairments. While individuals with minor or non-catastrophic injuries may make full recoveries from their injuries, those who are catastrophically impaired can face physical limitations, psychological difficulties, and financial challenges for the rest of their lives.
To offset injury-related expenses incurred by the injured survivors of motor vehicle accidents, the Ontario Statutory Accident Benefits Schedule (SABS) requires all basic auto insurance plans to include provisions for no-fault accident benefits. Depending on the severity of their accident-related injuries, motor vehicle collision survivors should be entitled to different levels of accident benefits:
- Minor injuries: $3,500 in medical and rehabilitation benefits
- Non-minor, non-catastrophic: $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
Individuals who have sustained catastrophic injuries are entitled to higher amounts of accident benefits since these impairments can be permanent and require ongoing expenses over the course of an accident victim’s life. However, insurers may dispute or deny claims, forcing severely injured individuals to fight back against unfair practices.
There are several factors considered when determining catastrophic impairment. The SABS provides specific eligibility criteria for accident benefits commensurate with catastrophic impairments. To qualify for this level of insurance coverage, individuals must have suffered one of the following outcomes as a result of their accident:
- 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
A claimant’s application for a catastrophic impairment designation must be supported by a physician or medical expert familiar with their injuries. These qualified medical professionals must complete an OCF-19 form supporting their patient’s claim.
However, insurance providers often find ways to reduce the amount of accident benefits they offer to catastrophically impaired collision survivors, even if the applicants meet the eligibility criteria and are supported by qualified physicians. These providers may also deny an applicant’s claim for accident benefits for a variety of reasons that may seem incomprehensible to those dealing with catastrophic impairments.
If you believe your insurer is treating you unfairly, consider scheduling a free initial consultation with our Trenton’s catastrophic injury lawyers. Our catastrophic injury lawyers serving Trenton are familiar with the tactics often used by insurance companies to persuade injured claimants into accepting unfair settlement amounts, and may be able to help you get the coverage you deserve. To learn more about working with our Trenton catastrophic injury lawyers, contact us today.
Call Preszler Injury Lawyers for a Free Initial Consultation
During a free initial consultation, our catastrophic injury lawyers serving Trenton may be able to help you understand your legal rights and options for financial recovery. Our Trenton catastrophic injury lawyers are committed to helping injured members of the local community receive the fair treatment and compensation they are duly owed.
If you were involved in a motor vehicle collision that caused you to sustain catastrophic impairments, do not hesitate. Call our catastrophic injury lawyers serving Trenton and take advantage of your free initial consultation.