Toronto Catastrophic Injury Lawyers
People who sustain catastrophic impairments in motor vehicle collisions may feel the impacts of their injuries for the rest of their lives. Catastrophic injuries can result in severe physical and mental impairments, affecting the accident victim’s ability to perform daily activities, work, or engage in recreational activities.
In Ontario, per the Statutory Accident Benefits Schedule (SABS), anyone who is injured in a motor vehicle collision should be entitled to no-fault accident benefits. These benefits are intended to provide insurance coverage to offset the cost of an accident victim’s injury-related damages.
The amount of coverage to which an accident victim might be entitled is based on the severity of the injuries they have sustained. Since the negative impacts of catastrophic impairments are so substantial and all-encompassing, accident survivors who have sustained these severe, permanent injuries are entitled to the highest amounts of accident benefits.
Although some motorists may purchase extra insurance coverage, all basic auto insurance policies in Ontario provide the following benefits to injured accident survivors:
- $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
The province’s SABS mandates how much coverage should be made available to catastrophically impaired motor vehicle accident survivors. It also defines the term “catastrophic impairment” in the context of accident benefits claims. A survivor of a motor vehicle collision should be considered catastrophically impaired if they meet at least one of the following criteria:
- 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
When determining the amount of benefits that should be paid to injured accident survivors, insurance providers will assess all material included in a claimant’s application. If the accident victim has sustained a catastrophic injury, their physician should complete and provide them with a copy of an OCF-19 form, an application for a determination of catastrophic impairment to be included with their insurance claim.
However, insurers do not necessarily have to agree with a physician’s recommendations, nor do they always provide accident survivors with the benefits amounts they should be rightfully owed based on the severity of their injuries. If an insurance company denies an accident survivor’s claim or provides them with an unfairly low settlement amount, the catastrophically impaired party may be unable to afford the costs of necessary medical care, treatment, and support.
If you were injured in a motor vehicle accident and your insurance provider has disputed your claim for accident benefits, our Toronto catastrophic injury lawyers may be able to help you get the coverage you deserve. To learn more about your options, contact us today.
How a Toronto Catastrophic Injury Lawyer May Be Able to Help
Navigating the legal system and dealing with insurance providers can be overwhelming, especially for those who have sustained catastrophic impairments. Our catastrophic injury lawyers serving Toronto may be able to help injured collision victims get fair treatment and coverage from their insurance provider.
Our Toronto catastrophic injury lawyers provide all prospective clients with a free initial consultation. To learn more about working with Preszler Injury Lawyers, take advantage of your cost-free, no-obligation first meeting by calling us today.