Kitchener Catastrophic Injury Lawyer

A catastrophic impairment can have life-altering consequences. For those who have been injured as the result of a motor vehicle collision, the adverse impacts of a catastrophic impairment can be physical, psychological, and financial in nature. That is why it is important for catastrophically injured survivors of motor vehicle collisions to receive the full amount of accident benefits to which they are rightfully entitled.

The amount of accident benefits available to a survivor of a motor vehicle accident depends on the severity of the injuries they have sustained. The province’s Statutory Accident Benefits Schedule (SABS) legislates the mandatory minimum amounts of coverage that must be included in all basic auto insurance plans in Ontario.

Motor vehicle accident survivors who have sustained catastrophic impairments typically require much more extensive and ongoing medical care than people who have suffered injuries of lower degrees of severity. For that reason, these accident victims should be entitled to higher amounts of accident benefits. However, getting the full amount of coverage to which a catastrophically impaired accident survivor should be entitled is not always easy.

While some motorists may choose to purchase additional coverage, the accident benefits amounts covered by all basic auto insurance plans are as follows:

• Minor injuries: $3,500 in medical and rehabilitation benefits
• Non-minor, non-catastrophic injuries: $65,000 over 5 years for the combined total costs of medical, rehabilitation, and attendant care benefits
• Catastrophic injuries: $1 million for life in combined medical, rehabilitation, and attendant care benefits

There are several factors considered when determining catastrophic impairment. In accordance with the legal meaning of “catastrophic impairment” as defined by the SABS, a motor vehicle accident survivor should be entitled to the highest amount of accident benefits if their collision resulted in one or more of the following medical outcomes:

• 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

If your insurance provider disputes whether your injuries meet the threshold of catastrophic impairment, they may require you undergo an independent medical examination. Unfortunately, even after being provided with comprehensive medical evidence from a claimant’s physicians, insurers often find reasons to offer catastrophically impaired collision survivors unfairly low amounts of accident benefits.

If your insurance provider has denied your claim for accident benefits, or if you believe that you are not receiving the full amount of accident benefits to which you should be entitled, it may be beneficial to take advantage of a free initial consultation with our Kitchener catastrophic injury lawyers. To learn more about working with our catastrophic injury lawyers serving Kitchener, contact us today.

Do Not Hesitate to Contact Us

Our Kitchener catastrophic injury lawyers appreciate how challenging it can be to readjust to life after sustaining severe, permanent injuries in a motor vehicle collision. Those who have been catastrophically impaired should not be forced to fight their insurance providers for the coverage they are rightfully owed.

By taking advantage of a personalized, case-specific, cost-free initial consultation with our catastrophic injury lawyers serving Kitchener, you could learn about courses of action that might be open to you. To discuss your case today, contact Preszler Injury Lawyers.