Hamilton Catastrophic Injury Lawyer

If you sustained a catastrophic injury in a Hamilton motor vehicle accident, you should be entitled to no-fault accident benefits, regardless of which party was responsible for causing the collision. In accordance with the province of Ontario’s Statutory Accident Benefits Schedule (SABS), it is mandatory for all auto insurance policies to include a minimum amount of accident benefits coverage, allocated to survivors of motor vehicle accidents based on the severity of their injuries.

However, navigating the complex process of submitting a claim for benefits and ensuring that you receive the full amount you are entitled to can be a daunting task. That is why, if you sustained a catastrophic impairment in a motor vehicle accident, it is important to take advantage of a free initial consultation with our Hamilton catastrophic injury lawyers to review compensatory options that could be available to you.

The amount of accident benefits available to survivors of motor vehicle accidents differs based on the severity of injuries sustained. If you are determined to have suffered a catastrophic impairment, you may be entitled to significantly higher benefits amounts than someone who has suffered a non-catastrophic injury. The breakdown of mandatory coverage included in all basic auto insurance plans throughout Ontario is as follows:

• $1 million for life in combined medical, rehabilitation, and attendant care benefits for accident victims who sustained catastrophic 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
• $3,500 in medical and rehabilitation benefits for accident victims who sustained minor injuries

The SABS defines a “catastrophic impairment” as an injury that causes at least one of the following medical conditions:

• 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

After sustaining a catastrophic impairment in a motor vehicle collision, an accident survivor’s physician can recommend that their patient receive the highest amount of accident benefits available to them. They can do so by completing an OCF-19 form for the claimant to include with their application for accident benefits.

Unfortunately, it is not uncommon for insurance providers to dispute whether an applicant’s injuries meet the definition of catastrophic impairment. This can be a frustrating and stressful experience, especially for people who are already dealing with the physical, emotional, and financial toll of a catastrophic injury.

If your insurance provider disputes your claim for accident benefits, it is important to seek legal advice during a free initial consultation with our catastrophic injury lawyers serving Hamilton. We may be able to help you navigate the dispute resolution process so you can receive coverage you deserve.

To learn more about your options, schedule your cost-free, no-obligation first meeting with our Hamilton catastrophic injury lawyers by contacting us today.

Call for Your Free Initial Consultation

Our catastrophic injury lawyers serving Hamilton believe that no one should be forced to navigate the complicated insurance claim process on their own. If you have questions about the coverage to which you should be entitled, or need help pursuing the accident benefits you are rightfully owed, call our Hamilton catastrophic injury lawyers today and receive a free initial consultation on your case.