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 [email protected]
We understand, we care, we’re here to help …and our track record proves it.
Dirt bike accident results in spinal cord injury
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…