Catastrophic Injury in OntarioJanuary 06, 2020
All personal injuries should be viewed as serious. Even if you can make a speedy recovery from the injury, it was severe at the time it occurred. However, some injuries are considered catastrophic. The definition of catastrophic injury in Ontario is “Any injury that causes the victim to suffer long-term or life-changing effects.”
Catastrophic injuries generally include the following types of injuries:
- Traumatic Brain Injury
- Spinal Cord Injuries
The injury must affect how a person lives for the rest of their life. Catastrophic injuries require intensive medical care when they first occur and may require extended, if not life-long medical care once the victim has been stabilized.
Proving A Catastrophic Injury in Ontario
Insurance companies often run heartwarming or funny commercials. They tell you that you are in good hands and that they care about the bad things that happen in your life. These commercials are to make you feel safe and want to use their coverage.
Sadly, these commercials do not reveal the true side of insurance coverage. Insurance companies are in business to make money, not to pay out claims. When a claim is made, the insurer does everything to make sure that the insurance company pays out as little as possible for the covered accident. This helps ensure their profits.
However, injury victims, especially those suffering from a catastrophic injury in Ontario, deserve better treatment than that from the insurer. They deserve to have their medical costs covered, and their needs met, even if that is life-long care.
Injury victims suffering from catastrophic injuries are encouraged to contact a lawyer for help with their compensation claim. Having a lawyer manage your case will help ensure that you receive the treatment and compensation that you deserve for your injuries.
Understanding Catastrophic Injury Settlements In Ontario
When a lawyer is preparing a settlement offer, there are many things that must be considered. The lawyer must look at current and future medical costs, loss of wages and benefits, and other losses that the victim may have incurred as a result of the accident.
Catastrophic injury settlements in Ontario must also include the costs of future care and any potential financial losses that the victim may face as a result of the injury. For example, a person who will need a wheelchair for the rest of their life will not only require personal care assistance; they will also need to make changes to their home and vehicle to accommodate their wheelchair.
It is important to understand that the insurance company has an obligation to the injured party. This obligation requires that the insurance company provide the financial assistance necessary to help the injured party regain the standard of living they were accustomed to prior to the accident. In regular injury cases, this means covering medical costs and replacing lost wages and benefits.
In catastrophic cases, this obligation means that not only must they cover medical care for the initial injury and current lost wages, but also future costs associated with the injury. A person injured at no fault of their own should not be burdened with the expenses associated with their recovery and care.
Your layer may also opt to file a lawsuit against the responsible person for your accident. If the lawyer does not feel they can recover enough from the insurance company to cover your actual losses, the lawyer will file a lawsuit against the person who caused the accident. Although this does not happen often, the lawyer will always have this option if necessary.
If you or your loved one has been a victim of a catastrophic injury in Ontario, you are encouraged to schedule a consultation with a personal injury lawyer. It will always be in your best interest to have a lawyer manage your case and secure the full compensation package that you deserve for your losses.
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.