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Bracebridge Catastrophic Injury Lawyer


The days, weeks, and months following a car accident can feel overwhelming. This is especially true for the survivors of motor vehicle collisions whose accidents caused them to sustain catastrophic impairments.

Ontario’s Statutory Accident Benefits Schedule (SABS) provides a legal definition for the term “catastrophic impairment.” This legislation provides clear parameters and qualifying criteria for accident benefits amounts commensurate with the severity of these permanent, life-changing injuries.

Since all basic auto insurance plans must include the coverage specified in the SABS, everyone who is injured in a motor vehicle accident – regardless of their level of culpability for the collision – should be entitled to no-fault accident benefits. The amount of benefits an accident survivor should be able to claim differ based on the severity of the injuries they sustained in their collisions.

Some policyholders may decide to purchase extra coverage. However, all basic auto insurance plans in the province must include provisions for the following mandatory minimum 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

As such, if an individual’s accident-related injuries meet the threshold for catastrophic impairment as defined by the SABS, they should be entitled to the highest level of accident benefits available. According to the SABS, the following outcomes resulting from a motor vehicle accident meet the definition of “catastrophic impairment:”

  • 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

The SABS also provides a definitive definition for catastrophic brain injuries for traumatic brain injuries (TBI) caused by motor vehicle accidents. In order for a TBI to be considered catastrophic, the patient must show positive findings of a TBI on a medically accepted brain imaging scan (such as CT scan or MRI). They must also meet the criteria for one of the following outcomes on the GOS-E:

  • 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 when supplied with medical proof and an assessment from the applicant’s physician in the form of an OCF-19 form, insurers may find reasons to deny a catastrophically impaired accident survivor’s claim. They may dispute the physician’s findings, question the severity of the injuries sustained, and offer an unfairly low settlement amount that does not take the patient’s full spectrum of impairment into account. In these situations, legal assistance from our Bracebridge catastrophic injury lawyers may be critical.

Our catastrophic injury lawyers serving Bracebridge have a history of fighting for the rights of the clients we represent so that they can receive the coverage to which they are rightfully entitled. To learn more about working with our Bracebridge catastrophic injury lawyers, contact us today.

Call Today for a Free Initial Consultation

At Preszler Injury Lawyers, all prospective clients receive a cost-free, no-obligation initial consultation. To learn how our catastrophic injury lawyers serving Bracebridge may be able to help you recover the fair treatment and compensation you deserve, call our offices today.

 

Call us now at
1-800-JUSTICE
®

151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
4145 N Service Rd
Burlington, ON
L7L 4X6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
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Toll Free: 1-888-608-2111
105 Consumers Drive
Whitby, ON
L1N 1C4
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
Toll Free: 1-888-608-2111
2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
Toll Free: 1-888-608-2111
1 Hunter St E,
Hamilton, ON
L8N 3W1
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
459 George St N,
Peterborough, ON
K9H 3R9
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
116 Lisgar Street, Suite 300
Ottawa ON
K2P 0C2
Toll Free: 1-888-608-2111
10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
Toll Free: 1-888-608-2111
*consultation offices

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