Markham Catastrophic Injury Lawyer

When people sustain catastrophic impairments in a motor vehicle collision, in a split second, their entire lives could be drastically changed. These severe, permanent, often disabling injuries have the potential to adversely affect a motor vehicle accident survivor’s overall quality of life and their economic livelihood.

The term “catastrophic impairment” is not simply a descriptive phrase to illustrate the severity of a person’s accident-related injury. In the context of Ontario motor vehicle collisions, it is a legal term defined in the province’s Statutory Accident Benefits Schedule (SABS) to determine which accident victims should be entitled to higher amounts of accident benefits. The SABS describes the term “catastrophic impairment” as an accident-related injury resulting in at least one of the following 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

Anyone injured in a motor vehicle accident should be entitled to no-fault accident benefits. That means, regardless of who was responsible for the collision, if they were injured as a result of the accident, they should be entitled to accident benefits commensurate with the severity of the injuries they have sustained. That being the case, accident victims who sustained catastrophic injuries are eligible for the highest amount of accident benefits available to collision survivors.

Motorists may elect to purchase additional coverage from their auto insurance provider. However, in accordance with the SABS, all auto insurance policies in the province are required to include the following mandatory minimum accident benefits amounts:

• $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 survivors whose injuries meet the threshold of catastrophic impairment are entitled to significantly higher benefits than those who have suffered less severe injuries. However, insurance companies often dispute the accident benefits claims submitted by catastrophically impaired motor vehicle collision survivors. Even if their attending physicians have completed an OCF-19 form attesting that their patient’s injuries meet the threshold of catastrophic impairment, an insurer may look for reasons to offer the claimants a lower settlement amount than the one they deserve.

If your insurer has disputed your accident benefits claim or has offered you an unfairly low settlement amount, our Markham catastrophic injury lawyers may be able to help you overturn their decision to help you get the coverage you deserve. To ask us questions about the process of applying for accident benefits or to review the settlement offer you received from your insurance provider, contact us today.

Call Our Catastrophic Injury Lawyers Serving Markham

If you have suffered a catastrophic impairment in a motor vehicle accident, consider taking advantage of a free initial consultation with our Markham catastrophic injury lawyers as soon as possible. During this cost-free, no-obligation first meeting, our catastrophic injury lawyers serving Markham may be able to help you understand your rights and guide you through the claims process.

Do not hesitate. Get in touch with our Markham catastrophic injury lawyers today.