If you have been involved in a catastrophic car accident in Ontario, it is imperative that you consult with and retain a catastrophic injury lawyer. Car accidents are traumatic events and those that suffer catastrophic injuries in Ontario motor vehicle accidents need the experience that only a catastrophic injury lawyer can provide.
Ontario Financial Services Commission
Catastrophic Injury Lawyers are intimately acquainted with the classification of catastrophic injuries in Ontario car accident cases since they are well versed with the Ontario Financial Services Commission (FSCO) report from December 2011.
In that report, catastrophic injuries in Ontario car accidents were classified as:
- A severe injury to the spinal cord including paraplegia or quadriplegia;
- Permanent loss as a result of amputation, partial amputation, crushing of a limb, burns or another severe injury;
- Permanent loss of use of both arms;
- Blindness or loss of vision in both eyes;
- Whole person impairment of 55% or greater;
- Extreme impairment due to a mental or behavioral disorder;
- Traumatic brain injury
Legal Remedies for Victims of Catastrophic Injuries
Injured plaintiffs may seek compensation for their injuries by either filing suit against the offending party or filing a claim against their own insurance carrier.
Many cases settle before it is necessary to file a lawsuit. If settlement is not reached, however, a suit can be filed against the offending party in accidents that caused catastrophic injury such as:
Motor vehicle and motorcycle accidents;
- Slip and fall accidents;
- Cycling accidents and
- Product liability cases.
Compensation for Catastrophic Injuries
Catastrophic injury claims for damages against the offending party entitle an injured plaintiff to different types of compensation. The amount that is awarded to an injured plaintiff varies depending upon the nature and extent of the injury sustained:
- Loss of past and future income;
- Cost of attendant care and future care;
- Housekeeping and home maintenance expenses;
- Special damages;
- General damages for pain and suffering and loss of enjoyment of life;
- A family law award for loss of companionship and guidance for family members.
Limits on Damages
There is a limit on the amount of general damages that can be awarded to an injured plaintiff in Ontario. That amount is $310,000. It is expected that number will increase due to inflation over time. Plaintiffs who survive and are rendered quadriplegics are the ones who most often receive such pain and suffering awards.
Disability Benefits
Ontario citizens may file a claim seeking accident benefits from their own insurance carrier. If an Ontario citizen does not have insurance, they may file a claim under the offending vehicle’s policy or under a policy of insurance in a household member’s name.
SABS
The Statutory Accident Benefits Schedule that outlines these benefits is also referred to as SABS (or no-fault insurance). The process to apply for such benefits is the same irrespective of who caused the accident.
OCF-1 Form
Ontario law requires that a motorist must notify their insurance carrier of the accident and their injuries within seven days of the accident. The FSCO website contains all of the forms are necessary for filing such a claim. Form OCF-1 is also known as the application for accident benefits. No benefits will be conferred unless or until this form is completed and filed with the injured motorist’s insurance carrier. It does not matter whether the injuries were minor or catastrophic.
OCF-19 Form
In the event of a catastrophic injury, for OCF-19 is required. That is an application for the determination of catastrophic impairment. The injured parties’ treating physician must fill out this form and file it with their insurance carrier. This form can also be accessed on the FSCO website.
Catastrophic Injury Benefits
Plaintiff who have suffered catastrophic injuries are typically entitled to receive one or more of the following benefits depending upon the circumstances:
- Medical and rehabilitative benefits up to $1 million;
- Attendant care benefits in the amount of $6,000 monthly up to $1 million;
- Housekeeping and home maintenance benefits up to $100.00 per week;
- Caregiver benefits up to $250.00 per week and $50.00 for each dependent individual;
- Death and funeral expenses for family members (this includes $25,000 for a spouse and $10,000 for each child);
- Educational expenses up to $15,000 for education costs incurred for education that is suspended as a result of injury.
An Experienced Catastrophic Car Accident Lawyer
An experienced catastrophic injury lawyer in Ontario will navigate your case from the outset through the time of trial. Retaining an experienced catastrophic injury lawyer is important since recovering from a catastrophic car accident should be your number one priority.
Your lawyer will fight for your rights and negotiate on your behalf to receive a maximum catastrophic car accident settlement. In the event your case does not settle, your lawyer will file a lawsuit against the offending vehicle and all other responsible parties. All of these matters are complex in nature and that is why retaining an experienced Ontario personal injury lawyer if you have been involved in a motor vehicle accident is recommended.
