Frankford Catastrophic Injury Lawyer

Motor vehicle accidents can leave lasting physical, emotional, and financial scars. Catastrophically impaired accident survivors are often faced with daunting challenges as they navigate the aftermath of a devastating collision.

The financial burden of coping with catastrophic injuries can be overwhelming for survivors. Immediate costs for medical treatment, rehabilitation, and attendant care can add up quickly, and the long-term anxiety about supporting oneself and one’s family can be distressing. That is why all basic auto insurance plans of Ontario must have provisions for no-fault accident benefits.

In Ontario, the inclusion of no-fault accident benefits in all basic auto insurance plans is intended to provide support to those who have been injured, regardless of who is at-fault for the collision. However, the practical realities of accessing these benefits can be complex and overwhelming for survivors.

Ontario’s Statutory Accident Benefits Schedule (SABS) defines the term “catastrophic impairment” based on specific, quantifiable criteria in order to determine which accident victims should be entitled to higher benefits amounts. According to the official definition, the following accident-related injuries and medical conditions should qualify a claimant to meet the threshold 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

Insurance companies consider multiple factors when assessing accident benefits claims. Accident benefits are distributed in different amounts based on the severity of the injuries sustained in the collision. People who have been impaired catastrophically are generally entitled to the highest level of accident benefits available.

The SABS outlines the basic amounts of benefits that must be included in all auto insurance plans throughout the province. These benefits are based on the types of injuries sustained by claimants, and are as follows:

• $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

Accident benefits are meant to provide a safety net, but insurance companies may complicate the process by disputing the opinions of claimants’ physicians and healthcare providers, subjecting their claims to undue scrutiny and suspicion, and forcing applicants to undergo independent medical examinations. If an insurance provider finds a reason to deny a claimant’s coverage or withhold benefits to which they should be entitled based on the severity of their injuries, catastrophically impaired motor vehicle survivors can feel helpless, confused, and uncertain about the future.

If you are being pressured by your insurer to accept an unfairly low settlement offer, our Frankford catastrophic injury lawyers may be able to provide you with the legal support and assistance you need. Our initial consultation is free for all prospective clients. To speak with our catastrophic injury lawyers serving Frankford at no cost during an initial consultation, contact us today.

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Our Frankford catastrophic injury lawyers provide case-specific advice to injured members of the local community who take advantage of a free initial consultation. By doing so, we strive to help catastrophically impaired accident survivors understand their rights and options for financial recovery. Contact our offices today to book your free initial consultation with our catastrophic injury lawyers serving Frankford.