Thunder Bay Catastrophic Injury Lawyer

Severe, permanent injuries can have lasting impacts on the physical, psychological, and financial well-being of a catastrophically impaired car accident survivor. Catastrophic impairments can be debilitating and can impact all areas of an accident victim’s life, including their mobility, their independence, and their ability to continue supporting themselves financially.

Some catastrophic impairments could prevent injured accident survivors from pursuing their career goals or complete their education. This can make it extremely challenging to earn a living or advance in their chosen fields.

Furthermore, the cost of medical treatments, rehabilitation, attendant care, and other important expenses associated with their catastrophic impairments can be financially burdensome for accident survivors and their families. As a result, in addition to coping with their physical ailments and psychological trauma, many catastrophically impaired survivors of motor vehicle accidents experience a great deal of fear, anxiety, and uncertainty about their futures.

Fortunately, all individuals who have been injured in Ontario motor vehicle collisions should be entitled to no-fault accident benefits. This includes all injured parties, regardless of who was at fault for the accident. Injured pedestrians, cyclists, motorcycle riders, drivers, and their passengers who have been injured in an accident should be entitled to receive accident benefits commensurate with the severity of their injuries.

Car accident survivors who have sustained catastrophic impairments are entitled to higher amounts of accident benefits than victims whose accident-related injuries are lower in severity. Per the province’s Statutory Accident Benefits Schedule (SABS), all basic auto insurance plans in Ontario must include provisions for the following 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

In addition to legislating the amounts of accident benefits that can be made available to motor vehicle collision survivors based on their injuries’ severity, the SABS also provides a clear, specific definition of the term “catastrophic impairment,” so that there should be no confusion on the part of insurers as to who should be entitled to higher amounts of accident benefits. An individual should meet the threshold of catastrophic impairment if their motor vehicle accident resulted in 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

Applying for a catastrophic impairment designation can be challenging. Primary healthcare providers or a medical expert familiar with the accident survivor’s newly acquired injuries must complete an OCF-19 form stating their medical opinion about the severity of the claimant’s injuries. Unfortunately, insurance companies may still dispute doctors’ findings, delay payments to try coercing claimants into accepting a lower settlement amount, or deny their claims altogether.

Our Thunder Bay catastrophic injury lawyers are dedicated to protecting the rights of severely injured members of the local community. If you were permanently injured as a result of a car accident, contact us today to schedule your free initial consultation with our catastrophic injury lawyers serving Thunder Bay.

You Don’t Pay Unless We Win

The primary goal of our Thunder Bay catastrophic injury lawyers is to help our clients navigate this challenging time and to provide them with the legal support they need to move forward with their lives after a debilitating accident. To learn more about working with our catastrophic injury lawyers serving Thunder Bay, schedule your free initial consultation with us today.