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Catastrophic Impairment Injuries

The LAT Finds Another Claimant CAT: Perhaps it is the Sign of a New Trend

Based on anecdotal evidence, it seemed clear that the Licence Appeal Tribunal (LAT) had been favouring the opinions of insurers when determining whether applicants qualified for a catastrophic impairment (CAT) designation. However, recent, well-reasoned decisions signal that a new trend is underway at the LAT, giving hope to many catastrophically impaired survivors of motor vehicle accidents throughout the province. To read more, click here.

The LAT Finds a Claimant CAT: An Outlier or the Sign of a New Trend?

A general review of recent decisions at the Licence Appeal Tribunal (LAT) indicates an increasingly high volume of rulings in favour of insurance companies when determining catastrophic impairments. However, a recent, well-reasoned decision may be the sign of a new trend at the LAT, as a deserving applicant was fittingly determined to be catastrophically impaired. To read more about this case, click here.

Not Barred: S.44 and The Importance of Compliant Notice

In a recent dispute before the License Appeal Tribunal, an insured car accident victim who had applied for accident benefits was barred from pursuing a claim because they had not attended various medical examinations that had been requested by their insurer. This case demonstrates the importance of scrutinizing insurers’ notice letters to determine whether insurer examinations that have been requested are appropriate or necessary. Click here to read more.

Injured in a Car Accident? Do Not Ignore Common Signs of a Traumatic Brain Injury

In the immediate aftermath of a serious motor vehicle collision, an accident victim’s body often produces adrenaline which could delay or diminish the symptoms of serious injuries. If the survivors of serious accidents ignore the signs of traumatic brain injuries or fail to seek immediate medical attention, they could face permanent consequences. To learn more, click here.

Does My Auto Accident Injury Qualify as a “Permanent Impairment”?

In Ontario, a negligent driver is not automatically liable for the “pain and suffering” or other non-pecuniary damages sustained by a car accident victim. The Ontario Insurance Act expressly states a driver is not responsible for such damages unless one of two exceptions apply: The first exception is for accidents in which the victim suffered … Continue reading “Does My Auto Accident Injury Qualify as a “Permanent Impairment”?”

What Is The Difference Between An Acquired Brain Injury And Traumatic Brain Injury?

Traumatic brain injuries (TBIs) and acquired brain injuries (ABIs) are closely related. They both refer to brain injuries that occur post-birth. Conditions that are present at birth or are progressive in nature (Parkinson’s disease) are not considered ABIs or TBIs. While similar, there is a distinction between the two types of brain injuries. TBIs are … Continue reading “What Is The Difference Between An Acquired Brain Injury And Traumatic Brain Injury?”

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