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Involved in a Catastrophic Car Accident in Ontario

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Involved in a Catastrophic Car Accident in Ontario

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
catastrophic car accident

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.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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LOCATION

Toronto Disability Lawyers
480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton Disability Lawyers
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton Disability Lawyers
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener Disability Lawyers
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa Disability Lawyers
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

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