Catastrophic Injury
At Odette Rwigamba Lawyers, we understand that catastrophic injuries have life-changing consequences for both victims and their families. These severe injuries require long-term care, affect the ability to work, and often result in emotional and financial challenges. If you or a loved one has suffered a catastrophic injury due to someone else’s negligence, our experienced personal injury lawyers are here to help you secure the compensation you need to rebuild your life.
What Is a Catastrophic Injury?
In Ontario, a catastrophic injury is defined under the Statutory Accident Benefits Schedule (SABS) and refers to injuries that are severe and permanently disabling. These injuries typically result in significant impairments that affect the victim’s ability to live independently or participate in daily activities. Common examples include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries resulting in paralysis (quadriplegia or paraplegia)
- Severe burns or amputations
- Loss of vision or hearing
- Severe orthopedic injuries affecting multiple limbs or joints
- Mental health impairments caused by trauma, such as post-traumatic stress disorder (PTSD)
Catastrophic injuries require extensive medical care and rehabilitation, and their impact on the victim’s quality of life is often profound.
Compensation for Catastrophic Injuries
Victims of catastrophic injuries are entitled to a wide range of compensation to address their financial, medical, and emotional losses. Depending on the circumstances of the injury, compensation may include:
- Medical Expenses: Coverage for hospital bills, surgeries, medications, therapy, and assistive devices.
- Future Care Costs: Compensation for long-term care needs, including in-home care or rehabilitation services.
- Loss of Income and Earning Capacity: Reimbursement for wages lost due to the injury, as well as compensation for future loss of earning potential.
- Pain and Suffering: Non-economic damages to account for physical pain and emotional trauma caused by the injury.
- Housekeeping and Home Maintenance Costs: Compensation for services the injured person can no longer perform.
Our legal team works with medical experts, life care planners, and financial analysts to accurately assess the long-term impact of catastrophic injuries and pursue the maximum compensation available.
The Role of the Statutory Accident Benefits Schedule (SABS)
If the catastrophic injury resulted from a motor vehicle accident, the victim is entitled to benefits under Ontario’s Statutory Accident Benefits Schedule (SABS). These benefits provide coverage for medical care, income replacement, and attendant care.
For injuries classified as catastrophic under SABS, the benefits limits are significantly higher. Victims may receive:
- Medical and rehabilitation benefits up to $1,000,000.
- Attendant care benefits up to $1,000,000.
- Income replacement benefits of up to 70% of gross weekly income, capped at $400 per week.
Our lawyers help clients navigate the complex SABS claims process and ensure that insurance companies provide the full benefits they are entitled to.
Proving Catastrophic Injuries
Establishing that an injury meets the legal definition of catastrophic can be challenging. Insurance companies often dispute these classifications to avoid higher payouts. Our legal team works with leading medical experts to gather evidence, including:
- Medical records and reports
- Functional assessments and occupational therapy evaluations
- Psychological evaluations, where mental health impairments are involved
- Expert testimony on the long-term impact of the injury
We build strong cases to prove the catastrophic nature of the injury and secure the benefits and compensation our clients need.
Steps to Take If the Insurance Company Denies Your Claim
Insurance companies sometimes deny or reduce benefits, even in cases of catastrophic injuries. If your claim is denied, our personal injury lawyers can challenge the decision through negotiation, mediation, or litigation. We have extensive experience dealing with insurance providers and know how to protect our clients from unfair tactics.
The Importance of Hiring a Lawyer for a Catastrophic Injury Claim
Catastrophic injury claims involve complex medical, legal, and financial issues. Having an experienced lawyer ensures that your rights are protected, and your claim is handled properly. Our lawyers provide:
- Comprehensive case evaluations to determine the value of your claim.
- Guidance through the SABS application process and negotiations with insurance companies.
- Representation in court if a fair settlement cannot be reached.
- Access to expert witnesses to strengthen your case and prove the extent of your injuries.
We take on the legal burden so that you and your family can focus on recovery.
Timeline for Filing a Catastrophic Injury Claim
In Ontario, personal injury claims are subject to a two-year limitation period from the date of the injury or the date you became aware of the injury. It is crucial to act quickly to ensure your legal rights are preserved. Our team can help you meet all deadlines and file your claim on time.
Reasons to Choose Us for Catastrophic Injury Claims
At Odette Rwigamba Lawyers, we know that catastrophic injuries require compassionate and skilled legal support. Our lawyers are committed to helping victims and their families navigate the legal system with confidence. When you work with us, you can expect:
- A personalized approach: Every case is unique, and we tailor our legal strategies to your specific needs.
- Experienced representation: We have a track record of success in complex personal injury cases.
- Contingency fee arrangements: You pay no legal fees unless we win your case.
- Comprehensive support: We work closely with medical and financial experts to ensure you receive full and fair compensation.
We are dedicated to securing justice for our clients and helping them achieve the best possible outcome.
