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Ask any personal injury lawyer that specializes in motor vehicle accidents in the cities of Brantford, and Hamilton what the most serious claim is that they have faced in their careers and they will probably tell you that it’s claims for catastrophic injuries. Under Ontario Provincial personal injury law, “catastrophic” has a special meaning in regards to motor vehicle accident claims. Consequently, these cases are oftentimes very complex and difficult to interpret.
Catastrophic Impairment
The legal definition of catastrophic impairment in Ontario Province is found in the SABS (Statutory Accident Benefits Schedule), clauses 2(1.2) (f) and (g) and could mean any one of the following:
- amputation and permanent loss of using both arms
- amputation and permanent loss of using one arm and one leg
- brain impairment resulting from traumatic brain injury
- paraplegia or quadriplegia
- total vision loss (both eyes)
Unfortunately, the number of catastrophic injuries and catastrophic impairment cases has been steadily increasing over the past 5 years. These injuries typically result in extensive medical care, long-term recovery periods, special therapies, and more. As a result, a growing number of personal injury claims for compensation have occurred in Brantford, Cambridge, Hamilton, and other cities in the Greater Toronto Area.
Common Causes
There are a number of reasons that individuals sustain catastrophic injuries, especially accidents that involve the following vehicles:
- ATV’s and dirt bikes
- motor vehicles
- motorcycles
- slips and falls
- snowmobiles
If you sustained catastrophic injuries in an accident involving any of these and this was caused by another person’s carelessness, negligence, or recklessness, you may be entitled to compensation. Your best course of action is to consult with an experienced personal injury lawyer.
Assessing Compensation for Your Claim
If your injuries are deemed catastrophic and meet the legal definition, you’ll be entitled to a larger amount of compensation. According to the No-Fault Benefits Schedule, the finding of catastrophic impairment resulting from catastrophic injuries can significantly enhance the amount of benefits that you are entitled to. This includes:
- Attendant care benefits of up to $1 million over the injury victim’s lifetime
- Caregiver claims of up to $250 weekly plus $50 per dependent
- Home maintenance and housekeeping benefits of up to $100 weekly
- Medical and rehabilitation benefits of $1 million over the injury victim’s lifetime
This is oftentimes referred to as the “upper tier” of benefits and the access to it is crucial in catastrophic injury impairment cases. However, these claims will most certainly result in the insurance companies disputing them. If you or a loved one has sustained injuries that are deemed as catastrophic, consulting with an experienced personal injury lawyer in Brantford, Cambridge, Hamilton, or any other city in the Greater Toronto Area may be your best option for receiving the benefits discussed above. You can look online or get a reference to hire one of the best attorney in the city for helping you get justice.