Timiskaming Catastrophic Injury Lawyer

Car accident survivors who have sustained catastrophic impairments often struggle financially. The costs associated with catastrophic impairments can be astronomical, and many injured victims of unexpected accidents are not financially prepared for the onslaught of expenses.

Without support, catastrophically impaired motor vehicle collision survivors may face legitimate anxieties about their abilities to continue affording the necessary costs of care while supporting themselves and their families. Fortunately, they may be able to find some financial relief in the form of no-fault accident benefits.

No matter which party was directly responsible for causing the collision, anyone who has been injured in a motor vehicle accident in Ontario should be entitled to a certain amount of accident benefits. No-fault accident benefits are intended to help injured motor vehicle operators, their passengers, as well as cyclists and pedestrians who have been struck by other vehicles to pay for certain injury-related expenses.

The province of Ontario’s Statutory Accident Benefits Schedule (SABS) outlines the amount of accident benefits that can be made available to motor vehicle collision survivors based on the severity of their injuries. Provisions for the following coverage must be included in all basic auto insurance plans throughout the province:

• $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

Since catastrophic impairments are permanent in nature and the expenses associated with them can be ongoing throughout the lifetime of the accident victim, people who have sustained these kinds of injuries are entitled to higher amounts of accident benefits than individuals whose accidents had less severe outcomes. But which motor vehicle accident victims meet the threshold of catastrophic impairment?

There are many factors considered by insurers when assigning a designation of catastrophic impairment. The SABS supplies specific eligibility criteria for accident benefits commensurate with catastrophic impairments. In order to qualify for this level of insurance coverage, individuals must have suffered one of the following outcomes as the rest of their accident:

• 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

The clear definition of what constitutes a catastrophic impairment should ensure that insurers provide the necessary benefits to those who need them most. However, insurance companies often find reasons to withhold proper funding, dispute the findings or opinions of medical experts, imply that accident-related injuries were the result of pre-existing conditions, or deny an applicant’s claim altogether.

No one should be forced to fight back against an unfair insurer, let alone someone struggling to pick up the pieces of their lives after sustaining catastrophic impairments. To learn how our Timiskaming catastrophic injury lawyers may be able to help you get the coverage you should be owed, contact us today and book a free initial consultation.

Call Today for Your Free Initial Consultation

Our catastrophic injury lawyers serving Timiskaming offer all prospective clients a free initial consultation. If you believe your insurance provider is treating you unfairly, consider taking advantage of a no-cost, no-obligation initial consultation with our Timiskaming catastrophic injury lawyer to receive case-specific feedback and learn about options that might be available to you. Remember, at Preszler Injury Lawyers, you don’t pay unless we win.