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what qualifies as a catastrophic injury?
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individuals who were injured in any type of motor vehicle collision, whether as a driver, pedestrian, cyclist or passenger, may also make an accident benefits claim under their own automobile insurance policy.
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as we go about our daily activities, none of us anticipates or imagines being involved in a terrible car accident that results in catastrophic injuries for us, a family member or even for an occupant in another vehicle.
under ontario law, ‘catastrophic impairment’ is a legal term, more so than a medical classification, and refers to an injury threshold that allows for more significant compensation under the statutory accident benefits that are available with every motor vehicle insurance policy in ontario. individuals with catastrophic injuries are also typically awarded considerable compensation in civil suits against the negligent party deemed responsible for the injury.
a catastrophic injury may result from a wide variety of events, from high-risk sports such as hang-gliding accidents to simply falling in the bathtub, but this type of injury most commonly results from motor vehicle accidents.
the most common causes of catastrophic injury are:
- car and truck accidents
- motorcycle accidents
- pedestrian-motorist collisions
- cycling accidents
- boating and recreational accidents
- slip/trip and fall accidents
included in the legal qualifications of catastrophic impairment are: severe spinal injury; total blindness in both eyes; amputation of leg(s); crushing of a limb; permanent loss of ability to walk independently; permanent loss of the use of both arms or an arm and a leg; severe brain impairment; a combination of various physical impairments; and extreme impairment due to a mental or behavioural disorder.
anyone who suffers catastrophic injury due to the negligence of another person, whether resulting from a car accident, slip and fall on an unsafe property, sports injury or another incident, is entitled to sue the ‘at fault’ party. there is a legal requirement that a tort action (civil suit) must be filed within two years from the date when the person realized the extent of their injuries, which is normally two years from the accident.
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the amount of damages to which accident victims are entitled generally depends on the severity of their injuries. catastrophically injured persons may receive compensation for: past income loss; future income loss; cost of attendant care, medical care and rehabilitation; home maintenance and housekeeping expenses; special damages; pain and suffering (general damages); and claims for family members.
in a civil suit, a judge or jury will largely base their determination of damages on the severity of a person’s injuries and the associated losses that the accident victim has suffered. the court will also look at case law precedents in determining an award. however, the court has some discretion in determining damages, particularly in awarding an amount for pain and suffering.
individuals who were injured in any type of motor vehicle collision, whether as a driver, pedestrian, cyclist or passenger, may also make an accident benefits claim under their own automobile insurance policy. uninsured persons can file a claim under their family policy or against the policy of other drivers involved in the collision.
injured persons need to inform their vehicle insurer within seven days if they wish to make a claim, and their insurer will request that they submit an application for accident benefits.
individuals who sustained a catastrophic impairment in a car accident may file both an accident claim against their vehicle insurance policy and also sue the negligent person responsible for their injuries. this strategy can optimize the amount awarded in damages for the accident victim and their immediate family members.
anyone suffering catastrophic injuries and seeking financial redress, may want to seek legal advice to ensure that you meet all the timelines and requirements for filing your claims and applications, and to ensure help is there to support you and your family members throughout the claims process.
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nainesh kotak, is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he also serves as the chair of the long-term disability section of the ontario trial lawyers’ association.
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