Ontario Car Accident Lawyer: What is a Catastrophic Injury?
In Ontario, a person who is injured in a car accident can apply for a determination of whether their impairment qualifies as a catastrophic impairment under Ontario’s statutory accident benefits. A catastrophic injury will increase an injured persons entitlement to benefits. As such, insurance companies often challenge or deny that a person has sustained a catastrophic impairment.
Under the current legislation, a catastrophic impairment is defined as:
(a) paraplegia or quadriplegia;
(b) the amputation of an arm or leg or another impairment causing the total and permanent loss of use of an arm or a leg;
(c) the total loss of vision in both eyes;
(d) brain impairment that results in,
(i) a score of 9 or less on the Glasgow Coma Scale, as published in Jennett, B. and Teasdale, G., Management of Head Injuries, Contemporary Neurology Series, Volume 20, F.A. Davis Company, Philadelphia, 1981, according to a test administered within a reasonable period of time after the accident by a person trained for that purpose, or
(ii) a score of 2 (vegetative) or 3 (severe disability) on the Glasgow Outcome Scale, as published in Jennett, B. and Bond, M., Assessment of Outcome After Severe Brain Damage, Lancet i:480, 1975, according to a test administered more than six months after the accident by a person trained for that purpose;
(e) an impairment or combination of impairments that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in 55 per cent or more impairment of the whole person; or
(f) an impairment that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in a class 4 impairment (marked impairment) or class 5 impairment (extreme impairment) due to mental or behavioural disorder. O. Reg. 34/10, s. 3 (2).
Under the current legislation, a catastrophic impairment is defined as:
(a) paraplegia or quadriplegia;
(b) the amputation of an arm or leg or another impairment causing the total and permanent loss of use of an arm or a leg;
(c) the total loss of vision in both eyes;
(d) brain impairment that results in,
(i) a score of 9 or less on the Glasgow Coma Scale, as published in Jennett, B. and Teasdale, G., Management of Head Injuries, Contemporary Neurology Series, Volume 20, F.A. Davis Company, Philadelphia, 1981, according to a test administered within a reasonable period of time after the accident by a person trained for that purpose, or
(ii) a score of 2 (vegetative) or 3 (severe disability) on the Glasgow Outcome Scale, as published in Jennett, B. and Bond, M., Assessment of Outcome After Severe Brain Damage, Lancet i:480, 1975, according to a test administered more than six months after the accident by a person trained for that purpose;
(e) an impairment or combination of impairments that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in 55 per cent or more impairment of the whole person; or
(f) an impairment that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in a class 4 impairment (marked impairment) or class 5 impairment (extreme impairment) due to mental or behavioural disorder. O. Reg. 34/10, s. 3 (2).
What Compensation is Available for Catastrophic Impairment?
A determination that someone has sustained a catastrophic impairment as a result of a motor vehicle accident in Ontario, will have significant implications upon the available benefits. Among the most significant benefits are Medical and Rehabilitation benefits of one million dollars and Attendant Care benefits of one million dollars.
Although the quantum of benefits available for a catastrophic impairment is much more than that available to other accident victims, it may still not be enough to cover the care costs following a serious injury. As such, it will be important to determine if there is a possibility to recover compensation from other insurance if the accident was caused in part by another person or company.
Although the quantum of benefits available for a catastrophic impairment is much more than that available to other accident victims, it may still not be enough to cover the care costs following a serious injury. As such, it will be important to determine if there is a possibility to recover compensation from other insurance if the accident was caused in part by another person or company.
Free Consultation With Ontario Car Accident Lawyer
If you or a loved one has been injured in an Ontario car accident, call our car accident law firm for a free consultation. Our law firm is dedicated to helping those that have been injured in an Ontario car accidents recover compensation for their losses. We offer prospective clients a free consultation with an experienced injury lawyer absolutely free. There is no obligation, and any information you provide will remain confidential.
You will not pay any fees until we obtain compensation for you. To request a free case review call us any time at 416-900-1070 or toll free at 1-866-234-6093 or complete our online contact form here.
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You will not pay any fees until we obtain compensation for you. To request a free case review call us any time at 416-900-1070 or toll free at 1-866-234-6093 or complete our online contact form here.
Connect with Andrew Iacobelli on Google+
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