Orleans Catastrophic Injury Lawyer

The losses incurred by catastrophically impaired survivors of motor vehicle collisions can be overwhelming and all-encompassing. People who sustain catastrophic impairments in a car accident may lose their mobility, their ability to continue supporting themselves and their families, and their independence.

In the aftermath of these traumatic, injury-causing accidents, it can be difficult to focus on the bureaucratic process of applying for accident benefits. However, making sure you receive the insurance coverage to which you are entitled could be critical. Catastrophically impaired survivors of motor vehicle collisions frequently incur substantial financial losses and often require the support of accident benefits to afford necessary medical care and the costs of essential lifestyle adjustments.

No-fault accident benefits should be available to people who are injured as the result of a motor vehicle accident. No matter who was at-fault for the collision, injured survivors of the accident should be entitled to insurance coverage to help offset certain injury-related costs. Per the province’s Statutory Accident Benefits Schedule (SABS), all basic auto insurance plans in Ontario must include the following mandatory minimum amounts of accident benefits coverage:

• $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

Because of the life-altering nature of their injuries and the exorbitant costs associated with catastrophic impairments, people who have been severely and permanently injured in a motor vehicle collision are eligible for higher amounts of accident benefits than people with less severe injuries. The province’s SABS defines the term “catastrophic impairment” as injuries that meet specific criteria in order to legislate which individuals are entitled to this highest level of insurance coverage.

There are several factors considered by insurers when determining catastrophic impairment. An accident survivor should meet the threshold of catastrophic impairment if their motor vehicle collision resulted in one or more 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

Accident victims who meet the definition of “catastrophic impairment” listed above should be entitled to accident benefits commensurate with the severity of the injuries they sustained in their collisions. However, insurers often find reasons to withhold benefits, dispute the claims of catastrophically impaired accident survivors, or offer them unfairly low settlement amounts.

If you are the survivor of a motor vehicle accident whose injuries meet the definition of catastrophic impairment, you may need assistance to get the insurance coverage you deserve. To review the options available to you based on the specific circumstances of your case, contact us today and schedule a free initial consultation with our Orleans catastrophic injury lawyers.

Call Our Catastrophic Injury Lawyers Serving Orleans

Our Orleans catastrophic injury lawyers appreciate how confusing and overwhelming the days, weeks, and months following a serious car accident can be. We are passionate about helping members of the local community understand their legal rights and the insurance coverage to which they should be entitled.

To review your case with our catastrophic injury lawyers serving Orleans and learn how we may be able to offer support, call us today and receive your free initial consultation.