In Toronto, Ontario, insurance companies are obligated to pay claims depending on the classification of the injuries. If you are claiming against an insurance company to cover the expenses of care and medical treatment after a vehicle accident, the main issue will be to determine if your injuries fall under the category of catastrophic or non-catastrophic.
Personal injury lawyers in Toronto are the ones that will help you to determine if your injuries are catastrophic or not based on the law and depending on “Statutory Accidents Benefits Schedule” will help you find out how much you may be entitled to receive. Of course, the lawyers will need to examine not only the laws and statutes but also all the evidence that will prove the type of injuries you suffered and the costs of the corresponding medical care and other compensations if they apply.
The Statutory Accidents Benefits Schedule or SABS might entitle you to receive up to $1 million to cover medical treatments, rehab, and attendant care benefits. For injuries classified as “non-catastrophic,” the SABS may only give you coverage for up to $ 50,000 (if your policies were bought after September 2010) or up to $ 100,000 (for policies purchased before September 1, 2010).
It is important to examine your policy because all policies provide the option of augmented coverage. You might have bought that increased coverage and have forgotten that detail that can make a major difference on the amount of compensation you could be entitled to.
Personal injury lawyers in Toronto will examine the extent of the concept of “catastrophic impairment” provided in Section 3 (2) of the Ontario Regulation 34/10, under the “Insurance Act” and see if the injuries you suffered may fall in this category.
For example, here is a summary of the most common injuries that may fall under catastrophic impairment caused by accident (this is just an example of some situations; always consult with personal injury lawyers in Toronto for an accurate response):
- quadriplegia or paraplegia
- amputation or total loss of use of an arm or leg
- total loss of vision, including both eyes
- a brain injury exceeding certain grade on the Glascow Coma Scale or Outcome Scale
- an injury or several injuries resulting in 55 % or more impairment of the whole individual (based on the Guides to Evaluation of Permanent Impairment)
- an injury resulting in marked or extreme impairment due to behavioral or mental disorder
In 2011, the Ontario Court of Appeal determined that psychological impairments could be combined with physical ones so as to determine if someone has the mentioned 55 % or more impairment that would make an injury fall under “catastrophic impairment.”
If you or a family member has suffered an accident resulting in injuries, consult any of the personal injury lawyers in Toronto and find out if you could have a case of “Catastrophic Impairment” and, if so, claim for what you are entitled to.