Accidents can happen to anyone, resulting in catastrophic injuries that can change you and your family’s life forever. If you’ve been the victim of a serious accident, it’s important to know how your personal injury classifies, as it will affect the benefits you are eligible for and the compensation you can receive.
What constitutes a catastrophic impairment?
In Ontario, there are six typical conditions considered to be “catastrophic.” These injuries include:
- Traumatic brain injury (TBI)
- Severe spinal cord injury resulting in paraplegia or tetraplegia
- Amputation or severe impairment in the mobility of one or both arms
- Loss of vision in both eyes
- A physical impairment which affects 55% or more of the whole person
- An extreme impairment that results in a serious mental or behavioural disorder
It is important to note that for children and youths under the age of 18, there may be differences when determining whether their impairment is catastrophic.
What types of accidents cause catastrophic injuries?
Motor vehicle accidents, or car crashes, are not the only type of accident that may cause a person to suffer catastrophic impairment. In fact, catastrophic injuries can be caused by a multitude of factors such as limbs being crushed, getting hit in the head, having an object penetrate the eye, and more. Some of the most common causes of catastrophic injuries include:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicyclist accidents
- Slip and fall accidents
- Medical malpractice
What benefits are available to accident victims with a catastrophic impairment?
If you have been catastrophically injured in a car accident in Ontario, you are entitled to Statutory Accident Benefits (SABS), no matter who is at fault. These benefits may include:
- Income replacement benefits
- Non-earner benefits (i.e. students)
- Medical, rehabilitation and attendant care benefits
- Care-giver benefits
- Lost education expenses
- Housekeeping and home maintenance benefits
- Visitor’s expenses
What if my catastrophic injuries are the fault of someone else?
If you have been catastrophically injured in an accident at no fault of your own, you deserve restitution for your financial losses. As the victim, you also deserve compensation for your non-economic losses due to the pain and reduced quality of life you’ve suffered.
People who sustain catastrophic impairment due to another person’s negligence or reckless behaviour have the option to open a personal injury lawsuit against the at fault party. However, this requires the expertise of a personal injury lawyer to fight by your side. Learn why in our recent blog. (Link to blog 2 once live)
At MG Law, our team of experienced catastrophic accident lawyers will fight for the compensation you deserve. Contact us today for a free consultation to begin your journey towards justice.