Victim Compensation In The Case of Catastrophic Injuries

While the majority of motor vehicle collisions end with minor to no injuries sustained by the people involved, there are also instances in which a motorist is severely, if not fatally, injured.

Injuries severe enough to affect the victims for the rest of their lives are classified as catastrophic injuries. This includes amputations, brain injuries, and paralysis, among others. All of these are injuries which require extensive medical care and which will impact the victims’ lives in profound ways.They need the assistance of an Injury Lawyer in Georgetown to help them get through the legal nuances. This is complex and requires experience as medical reports, evidence and proof of injuries have to be submitted and the liability pinned on the defendant.

Compensation Provided By Statutory Accident Benefits

In Ontario, all auto insurance policies are required to provide pedestrians and vehicle passengers with compensation in the event of injury or death connected to a motor vehicle collision. The benefits granted to the victims include coverage for lost wages, medical expenses, costs of rehabilitation, and additional expenses connected to the recovery process.

Victims are entitled to all of these benefits, even if they are found liable for causing the accident. The amount of benefits awarded, however, are dependent upon the severity and nature of the sustained injuries. Regardless of the injury, pain and suffering damages are never included, and would need to be recovered by filing a lawsuit against the at fault party.

Recovering Benefits For Catastrophic Injuries

Under Ontario law, injuries are to be categorized into three groups: minor, non-catastrophic, and catastrophic. Included in the category of minor injuries are abrasions, contusions, lacerations, sprains, strains, and whiplash, among others. Due to them being categorized as minor, the victims will not be able to recover more than $3,500 in benefits.Non-catastrophic injuries include concussions and broken bones, and can lead to awarded benefits in the height of $65,000.

There is a selection of conditions which have been categorized as catastrophic, which consists of amputation, blindness, combinations of injuries which amount to more than fifty-five percent impairment, paralysis, and severe impairment of mental or behavioral functions. When a victim suffers from one or more of these conditions, they can obtain benefits in the height of up to $1,000,000.

This is unfortunately far from enough to cover the lifelong care many victims of catastrophic injuries are dependent upon. This is a fact the government must be aware of, given that the old law awarded catastrophically injured victims with a maximum of $1,000,000 for medical expenses and rehabilitation costs, and another $1,000,000 to cover attendant care. Halving these benefits leaves victims and their loved ones with a lifelong financial burden.

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