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Preszler Injury Lawyers

Ottawa Catastrophic Injury Lawyer


Motor vehicle accidents can be shocking, traumatic, life-changing events. For people who have sustained catastrophic impairments as the result of a collision, the injuries arising from their accidents could have prolonged, all-encompassing consequences that impact their physical health, emotional stability, and financial well-being.

In the context of motor vehicle accidents, the term “catastrophic impairment” is more than a descriptive phrase for injuries resulting from the collision. It is a legal term defined by the province of Ontario’s Statutory Accident Benefits Schedule (SABS) in order to assess the amount of insurance coverage that should be available to severely and permanently injured survivors of motor vehicle collisions.

There are several factors considered when determining catastrophic impairment. In accordance with the SABS, accident-related injuries meet the threshold of catastrophic impairment if they result in at least one 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

Catastrophically impaired survivors of motor vehicle accidents should be entitled to higher amounts of accident benefits coverage than people whose collisions resulted in less severe injuries. In order to offset the costs of injury-related expenses, all basic auto insurance plans in the province include the following mandatory minimum levels of accident benefits:

  • $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

Unfortunately, it is not uncommon for insurers to dispute whether an applicant’s injuries meet the definition of catastrophic impairment. Even if their attending physicians have completed an OCF-19 form requesting that a determination of catastrophic impairment be applied to their patient, insurance providers may refuse to pay injured accident survivors what their claim is rightfully worth. This can result in a lengthy and complicated dispute resolution process.

If your insurance provider disputes your claim for accident benefits, it is important to seek legal advice as soon as possible. Our Ottawa catastrophic injury lawyers may be able to help you navigate the dispute resolution process and advocate for your rights so that you can receive the benefits to which you should be entitled based on the severity of your injuries. To learn more about options that may be available to you, contact us today and receive a free initial consultation on your case.

Book Your Free Initial Consultation Today

Our catastrophic injury lawyers serving Ottawa appreciate how confusing, disheartening, and overwhelming it can be to push back against an insurance provider who has offered an unfairly low settlement amount, or one who has denied a claim for accident benefits outright. To learn how our Ottawa catastrophic injury lawyers may be able to fight on your behalf to help you get the coverage you deserve, take advantage of a personalized, free initial consultation and discuss your case with us today.

 
Call us now at
1-800-JUSTICE
®

151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
4145 N Service Rd
Burlington, ON
L7L 4X6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
105 Consumers Drive
Whitby, ON
L1N 1C4
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
Toll Free: 1-888-608-2111
2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
Toll Free: 1-888-608-2111
1 Hunter St E,
Hamilton, ON
L8N 3W1
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
459 George St N,
Peterborough, ON
K9H 3R9
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
116 Lisgar Street, Suite 300
Ottawa ON
K2P 0C2
Toll Free: 1-888-608-2111
10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
Toll Free: 1-888-608-2111
*consultation offices

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