Welland Catastrophic injury Lawyers
People who have survived a motor vehicle collision should be entitled to accident benefits from their insurance provider if their accident resulted in injuries. The benefits to which they should be entitled is based on the severity of their injuries. As such, motor vehicle accident survivors who have sustained catastrophic impairments should be entitled to the highest amounts of accident benefits
But in spite of that fact, insurance providers often find reasons to dispute policyholders’ claims or withhold benefits to which they should be entitled. Doing so can cause catastrophically impaired car accident victims undue stress and financial insecurity.
One of the key factors in determining the amount of accident benefits available to survivors of motor vehicle accidents is the severity of the injuries sustained. Those who have sustained injuries that meet the threshold of catastrophic impairment should be granted the highest amounts of accident benefits available.
The mandatory minimum amount of accident benefits that must be included in all auto insurance plans in the province are determined in accordance with Ontario’s Statutory Accident Benefits Schedule (SABS). While some policyholders may elect to purchase additional coverage, all basic auto insurance plans must include at least the following accident benefits amounts:
- $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
In addition to regulating the amount of accident benefits to which an accident survivor should be entitled, the SABS also defines the term “catastrophic impairment” in order to clarify who is eligible for the highest amount of coverage. According to this legislation, a person is considered to have suffered a catastrophic impairment if they suffered at least one of the following outcomes as a result of their motor vehicle 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
In order to apply for the accident benefits they deserve, a catastrophically impaired claimant’s attending physician must complete an OCF-19 form stating their medical opinion that their patient’s accident-related injuries meet the threshold of catastrophic impairment. Unfortunately, even after being presented with the medical opinion of a physician familiar with the claimant’s injuries, insurance providers may find reasons to dispute an applicant’s claim.
Our Welland catastrophic injury lawyers have experience helping car accident victims navigate the dispute resolution process when their insurance providers refuse to offer them the accident benefits they are rightfully owed. With assistance from our catastrophic injury lawyers serving Welland, many survivors of motor vehicle collisions across Ontario have received the fair treatment and coverage they deserve. To learn more about working with our Welland catastrophic injury lawyers, take advantage of a free initial consultation by calling us today.
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The process of disputing an unfair insurance settlement alone can be frustrating, disheartening, and confusing. Our catastrophic injury lawyers serving Welland may be able to negotiate a fair settlement with your insurance provider on your behalf, or represent your best interests in Court, if necessary. To learn if you might be eligible to work with our Welland catastrophic injury lawyers to get the coverage you deserve, contact us today.