Ontario Accident Benefits and Catastrophic Injuries. Good news for Ontario accident victims.

Ottawa Personal Injury Lawyers David Hollingsworth and Associates.  What injuries are deemed a catastrophic injury?  What is the definition of a catastrophic injury?  Well, it has changed and changed for the better….In an interesting case  Pastore v. Aviva Canada,  the Court of Appeal of Ontario  ruled that an injured victim  does not need to be markedly impaired in more than one area of life to be deemed  ” catastrophically impaired”.   In this particular case, the injured party had been hit in a car accident in November 2002 . As a result of the accident, her  left ankle was broken  and over time her ankle healed improperly. The injured victim  had a number of surgeries and consequently  her right knee also required surgery due to the injuries in her ankle and the manner in which she now walked.  As a result of these injuries, the victim became dependant on others for everyday activities  she once was able to perform on her own.  This dependency also affected the victim’s  emotional and psychological well-being.

In May 2005, the victim Ms. Pastore applied to the Aviva insurance company to have her injuries deemed as a “catastrophic impairment”  and it was determined that she had a catastrophic impairment :  “mental or behavioural disorder.”  It was deemed that Pastore had a class 4 or “marked impairment”  due to her daily living and she was rated with an overall assessment of class 3, which is a moderate impairment.   What this meant was that she was now meeting the threshold for a catastrophic impairment in one category.  A catastrophic impairment designation requires  impairment in all four categories.  The case was brought to the Court of Appeal and it was there decided that  Pastore’s position, according to the language in the Statutory Accident benefits  did not require “marked impairments” in each of the  four categories of  a catastrophic impairment designation.

This is excellent news for Ontario accident victims. This decision allows for additional Ontario accident benefits for injured victims.  We have many clients who thanks to this decision, will be able to receive the help and support they need.  This is great news for Ontario accident victims and their families.  Many accidents leave people with physical injuries , but also injuries such as chronic pain, and emotional and psychological impairments . Thanks to this decision, there will be increased benefits for people suffering from  these impairments.

David Hollingsworth and Associates . We are Ottawa injury lawyers with a wealth of experience .  Our lawyers work closely with you our clients to make sure no stone in unturned and that our clients receive all the support and compensation they need following an accident in Ontario.  If you are injured, it’s important that you meet with an experienced Ottawa personal injury lawyer who knows how best to help you.  There is far too much at stake to be with the wrong lawyer. We pride ourselves on our high success rate, our experience and our valuable relationships with our clients. Your future and your families future is important and we understand that.  We are here for you and with you every step of the way. Contact us for a free consultation. Visit www.ottawainjury.ca or email david@ottawainjury.ca

We understand, we care, we’re here to help …and our track record proves it.


Ottawa Ontario Catastrophic Injury Lawyer David Hollingsworth

Ottawa Ontario Catastrophic Injury Lawyer, Ottawa Ontario Personal Injury Lawyer   …Catastrophic injuries can be the most physically, emotionally and financially devastating personal injuries. They range from spinal cord injuries to severe brain injuries and many devastating personal injuries in between.  With the help of an experienced Catastrophic Ontario injury lawyer, Ontario accident victims and their families can usually obtain maximum compensation by making a personal injury claim.catastrophic injury

A catastrophic injury is a life altering personal injury that usually often occurs suddenly and without warning. A catastrophic injury has live long implications, that usually become  apparent years after the accident. Ontario accident victims with catastrophic injuries and their families often don’t know where to start.  They have a long and difficult road ahead of them, not to mention an incredibly FULL plate. This is when they need an Ontario catastrophic injury lawyer most. A personal injury lawyer specializing in catastrophic injuries has the experience to take over and work at the getting the accident victim and their family the support, and compensation they need not only immediately but down the road.  Most catastrophic injury victims are unable to return to work.  The settlement amount awarded to catastrophic injury victims is often the only source of income; therefore it is so important to make sure that the Ontario personal injury lawyer that is hired is experienced and knowledgeable when it comes to catastrophic injury compensation in Ontario.  For example, catastrophic injuries like brain injuries and spinal cord injuries are serious and complex personal injuries. Victims of catastrophic injuries need long-term medical care, and may never be able to work again. In addition to the physical pain and emotional pain of catastrophic injuries, the financial consequences are usually overwhelming. A personal injury claim can provide compensation for medical bills, lost wages and pain and suffering, along with other Ontario accident benefits.

What Types of Catastrophic Injuries Exist?

Catastrophic injuries include all types of injuries that occur suddenly and can cause long-term or permanent injury. It is common for catastrophic injuries to damage the central nervous system, which may in turn damage other bodily systems. Examples of catastrophic injuries are  amputation or dismemberment injury, brain injury, eye injury, foot injury, multiple bone fractures, serious head trauma, severe burn injuries, and spinal cord injuries.

What are the Causes of Catastrophic Injuries ?

The most common causes of a catastrophic injury are motor vehicle accidents, construction accidents, and falls. A new report estimating the incidence and prevalence of spinal cord injury (SCI) in Canada has found that close to 86,000 Canadians are currently living with spinal cord injury and that an estimated 4,300 new cases of spinal cord injury occur in Canada each year, a baseline measurement of the extent of SCI in Canada that was previously unknown.

Of the current estimated 86,000 Canadians living with some form of SCI, 51% — or 44,000 —are living with SCI as a result of traumatic causes. It is estimated that of the 4,300 new cases of spinal cord injury in Canada each year, about 1,785 are as the result of traumatic injury from causes such as car accidents.

What are the Treatments for Catastrophic Injuries?

Proper medical attention is essential for all catastrophic injuries.  Beyond initial medical care, accident victims often require frequent medical visits and follow-up surgeries, involvement with social workers, home modifications, attendant care, rehabilitation and much more.  An experienced Ontario catastrophic injury lawyer will work with the accident victim’s professional team to ensure that they are getting everything needed for their clients best possible recovery.  The top Ontario catastrophic injury lawyers will work with doctors, social workers, registered nurses, life care planners, and other medical experts to establish the extent of the victim’s injuries and determine their future medical and financial needs. Understanding the complete effects of a catastrophic injury is essential in ensuring an accident victim receives maximum compensation.

Catastrophic Injury Compensation and lawsuits -What is a catastrophic injury entitled to?

Showing the extent of a catastrophic  injury can be  challenging.  Some catastrophic injuries such as a brain injury are “invisible”. Again, this is where the best Ontario personal injury lawyers  are extremely valuable.  Through experience, they know exactly what needs to be done to ensure that accident victims have all the proper medical experts and documentation to prove that maximum  compensation is needed for a catastrophic injury. There are a number of areas that can be compensated such as medical treatment costs, lost wages, dependent care costs, and the pain and suffering a victim and their family endures throughout this extremely difficult time. The top Ontario catastrophic injury lawyers  can make all the difference in the outcome of the financial future of an Ontario accident victim with a catastrophic injury.