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.


Ontario Accident Benefits: Definition Minor Injury Guidelines, Ottawa lawyer David Hollingsworth

Ontario Minor Injury Guidelines. Insurance Claims. Ottawa Personal Injury Lawyer David Hollingsworth…Have you recently been involved in an Ontario car accident and your insurance company has told you that your injury is classified as a “minor injury”? Unfortunately that means you will only receive $3500 in medical rehabilitation benefits available, regardless of whether or not you opted to pay for enhanced Ontario accident benefits.  Insurance companies have also determined that a minor injury does not qualify for housekeeping benefits or attendant care benefits. This causes a lot of problems for many Ontario accident victims, who require these benefits. Not everyone is seriously injured in an accident , so the minor injury guidelines are acceptable to them.  What’s really becoming a crisis situation in the vast majority of people who suffer serious injury in an accident and accept what their insurance company gives them in limited accident benefits, leaving them without enough support and benefits , which generally results in them not recovering. The Minor Injury Guidelines typically includes the following personal injuries resulting from an Ontario motor vehicle accident:

  • Sprains
  • Tears/ partial tears
  • Strains
  • Whiplash (unless there are neurological symptoms)
  • Cuts, contusions, and abrasions
  • Subluxations  (unless it is a complete dislocation of a joint)
As an experienced Ottawa personal injury lawyer, I urge anyone whose personal injuries have been classified as a minor injury and who feel that their injuries should not be in the minor injury guidelines to consult with an experienced Ottawa personal injury lawyer.  They can help you by filing an application for mediation with the Financial Services Commission of Ontario  (FSCO) and ensure you meet the limitation period for making  an application . Experienced Ottawa personal injury lawyers have helped countless numbers of Ontario accident victims not only get diagnosed properly, but get maximum compensation and rehabilitation.  These injuries may affect the rest of your life and you need to ensure that you receive what you need to live your life as best as possible. Don’t sell yourself or your family short ! Consult with  an experienced Ottawa personal injury lawyer.

———————- The  Ottawa Injury Blog is written regularly by Ottawa personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa personal injury lawyer representing Ontario accident victims and the families of accident victims who have lost a loved one in an Ontario accident. This blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury.  Visit www.ottawainjury.ca for more information. If you have a question, feel free to call or email david@ottawainjury.ca (613) 978-9549

Ontario Accident Benefits, Definition Minor Injury Guidelines, Ontario Injury Lawyer David Hollingsworth

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