North Bay Catastrophic Injury Lawyer
Throughout the province, any motor vehicle operator or other road-user who is injured in an accident should be entitled to no-fault accident benefits to help them cover their newly acquired, injury-related costs. That means, if you were injured as the result of a motor vehicle collision – even if your own actions on the road contributed to the conditions that caused the accident to occur – you should be able to receive accident benefits to help you afford important, injury-related expenses.
While some insurance policyholders may opt into plans with higher levels of coverage, all basic auto insurance plans in Ontario include mandatory minimum amounts of accident benefit coverage that can be made available to injured survivors of motor vehicle accidents. The amount of accident benefits that must be included in all insurance plans is determined by the province’s Statutory Accident Benefits Schedule (SABS). The available amounts are based on the severity of the injuries sustained by accident victims. These amounts 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
If your injuries meet the threshold of catastrophic impairment, you should be eligible for significantly higher accident benefits than injured collision survivors with less severe injuries. Several factors are considered when determining an injured accident survivor’s eligibility for these higher benefits amounts. The SABS defines the term “catastrophic impairment” as accident-related injuries resulting in at least one of the following:
- 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 injuries meet the criteria for catastrophic impairment, your healthcare provider must complete an OCF-19 form, which provides detailed information about your injuries and the functional impairments they have caused. Unfortunately, for a number of reasons, insurance providers may dispute whether an applicant’s injuries meet the threshold of catastrophic impairment.
If an insurance provider disputes whether your injuries meet the threshold of catastrophic impairment, you may benefit by consulting with our North Bay catastrophic injury lawyers. If your insurance company offered you an unfairly low settlement amount that is not commensurate with the severity of the injuries you suffered, or if they denied your claim for accident benefits outright, it may be necessary to take legal action to recover the coverage you are rightfully owed. To learn more about working with our catastrophic injury lawyers serving North Bay, contact us today and take advantage of a personalized, case-specific, cost-free initial consultation.
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Our North Bay catastrophic injury lawyers are familiar with the unfair tactics often used by insurance providers to justify providing less coverage than what permanently impaired accident victims truly deserve. By working with our catastrophic injury lawyers serving North Bay, you may be able to recover the accident benefits you are rightfully owed. To review your case with our North Bay catastrophic injury lawyers today, call Preszler Injury Lawyers and schedule your free initial consultation.