Ontario Injury Lawyer David Hollingsworth wins groundbreaking catastrophic injury accident benefits case at FSCO.

Dirt bike accident results in spinal cord injury

dirtbikeaccident

A young man was seriously injured in a dirt bike accident.  He  was in his early 20s  when he suffered a serious spinal cord injury and became a paraplegic when he fell off his dirt bike while riding on a private track.  He had no insurance and thought he had no hope of getting any medical or rehabilitation benefits.

No insurance? Ontario Motor Vehicle Accident Claims Fund

Our Ottawa personal injury lawyers reviewed his case and we applied for accident benefits from the Ontario Motor Vehicle Accident Claims Fund, a fund to provide benefits for individuals injured in automobile accidents, but who have no insurance.  To access this fund, strict criteria must be met. The fund sets out to provide statutory accident benefits to people involved in an automobile accident, who have no recourse to automobile insurance. We believed this was the case for our client.  We applied for compensation for our client. We knew he needed a tremendous amount of support and applied for the maximum in compensation. The Motor Vehicle Accident Claims Fund denied the accident claim and hired lawyers to fight it.   Our Ottawa injury lawyers knew that this was our clients only chance at being able to secure funds for a long road ahead. We knew we had to fight for what was right.  Our Ottawa lawyers knew there would be a tough road ahead and that likely this case would end up being contested along the way. We persevered and took the case all the way to the Financial Services Commission of Ontario  last July and  last week the Arbitrator found in favour of granting maximum compensation and accident benefits for our client.   To learn more about the Ontario Motor Vehicle Accident Claims Fund visit www.ottawainjury.ca/uninsured-drivers/

We are so pleased that our client  now has access to medical rehabilitation benefits and attendant care benefits.  This will make a colossal difference in this young man’s life. We are so happy to have been able to help our client and his family…

 


What is a Catastrophic Injury? Ontario Accident Benefits Lawyer

Ontario Catastrophic Injury Lawyer David Hollingsworth, Brain Injury Lawyer, Spinal Cord Injury Lawyer in Ottawa , Ontario, Catastrophic Injury Lawyerinjurysupport

What is a Catastrophic Injury ? Ontario Accident Benefits

Catastrophic Impairment means:

a) spinal cord injury: paraplegia or quadriplegia;

b) the amputation or  impairment causing the total and permanent loss of use of  one or both arms or legs

c) the total loss of vision in both eyes

e) brain impairment that, in respect of an accident, results in,

(i) a score of 9 or less on the Glasgow Coma Scale; or

(ii) a score of 2 (vegetative) or 3 (severe disability) on the Glasgow Outcome Scale

f) any impairment or combination of impairments that results in a 55 percent or more impairment of the whole person, in accordance with A.M.A. Guide’ or

g) any impairment that results in a class 4 impairment (marked impairment) or class 5 impairment (extreme impairment) due to mental or behavioural disorder, in accordance with the A.M.A Guide.

Differences in benefits for Catastrophic Injury vs Non Catastrophic Injury:

1) Attendant Care payable at $6,000 per month (up to a maximum of $1,000,000) if you are insured, instead of $3,000 if you aren’t

2) Those who are insured receive a maximum of $1,000,000 for life in Medical and Rehabilitation Benefits,

3) Housekeeping benefit for life

4) Case management services are covered.

A catastrophic injury is a life altering injury for not only the person involved in the accident, but also their friends and family.  These injuries are so severe that a new “life-plan” needs to be put in place. Our Ottawa personal injury lawyers understand that there is more that just getting maximum compensation for our clients at stake.  We work with our clients medical and support staff so that when our clients are able to leave the hospital they are not “on their own”. No one should be expected to navigate that process on their own. It’s important for our clients recovery that a realistic plan and the proper supports are put in place. A catastrophic injury is life-changing and we can only help to change lives as best as possible, following a tragic accident.