Amputation
Table of Contents
Losing a limb is a devastating experience in any circumstance. However, the overwhelming emotional impact can be even greater for people who lose a limb as the result of a shocking, violent, and preventable accident caused by someone else’s negligence.
Life will never be the same for accident victims who have sustained traumatic amputations. Because of the negligence of another party and/or entity, an injured accident victim could be forced to grapple with the distressing physical, psychological, and financial consequences. Many accident survivors who have lost limbs struggle to continue working in their current field of employment, which could have substantial effects on their abilities to continue supporting themselves and their families.
By working with our Ontario personal injury lawyers, accident victims who have sustained permanent, catastrophic injuries such as traumatically amputated limbs may be able to recover the maximum amount of compensation to which they are entitled. To learn more, book a free initial consultation with Preszler Injury Lawyers by calling 1-800-JUSTICE today.
Accident Benefits for Injured Survivors of Motor Vehicle Collisions
If you were injured as the result of an automobile collision, you may be entitled to collect compensation through your insurance provider through your policy’s accident benefits. All automobile insurance policies in the province are required to provide coverage legislated within the Ontario Statutory Accident Benefits Schedule (SABS). In accordance with the SABS, catastrophically injured survivors of motor vehicle collisions may be entitled to:
- Up to $1 million for medical expenses and attendant care
- Up to $100 per week for housekeeping services and home maintenance
- Income replacement payments of 70% of a policyholder’s regular earnings (up to a maximum of $400 per week)
- And possibly more
Unfortunately, the accident benefits to which catastrophically injured car crash survivors might be entitled rarely meet the true financial needs of someone who has lost a limb in a harrowing accident. People with an amputation often require ongoing costs throughout their lifetimes. And, if their physical injuries or resulting mental health concerns make it impossible for them to continue working in their chosen occupational field, affording the necessary costs of care can feel like an impossibility.
Even affording the cost of a prosthetic can be an overwhelming challenge. Although the Ontario Ministry of Health and Long-Term Care’s Assistive Devices Program (ADP) claims to subsidize 75% of the cost of an amputee’s artificial limbs and other required assistive equipment, since the program imposes limits on the value of the devices it covers, in many circumstances, people relying on this crucial support are only awarded a fraction of their prosthetics’ actual cost.
Furthermore, amputees often require multiple prosthetic limbs or other assistive devices over the course of their lives. With limited support available to them through the provincial government’s ADP, many accident survivors simply cannot afford to replace their artificial limbs when necessary.
How an Ontario Personal Injury Lawyer May Be Able to Help
If you were injured as the result of someone else’s negligence, you should not be forced to pay the tremendous physical, emotional, and financial costs associated with the loss of a limb. Our personal injury lawyers serving all of Ontario are passionate about helping injured accident survivors recover the maximum amount of damages to which they might be entitled.
By working with our Ontario personal injury lawyers, you may be able to file a civil claim against the negligent party and/or entity whose wrongful actions caused you to sustain permanent physical damage. To learn more about how Preszler Injury Lawyers may be able to help you, contact us today.
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Personal Injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.