Understanding Accident Benefits After a Serious Injury in Ontario

Whenever someone is injured in a motor vehicle accident in Ontario, they are entitled to claim accident benefits through their own auto insurance company, regardless of who was at fault for the accident. These benefits may include payment for treatment and rehabilitation, attendant care, visitor expenses for family members, and payments for lost wages. What is important to understand is which category a person’s injuries fall under.

There are three different categories that an insurance company may place someone in:

1. the minor injury guideline
2. non-catastrophic impairment
3. catastrophic impairment.

Each category comes with its own monetary limit in terms of the benefits that are payable to an injured person. For individuals with serious injuries, such as a spinal cord injury, a severe traumatic brain injury or severe orthopaedic injuries, they may be entitled to the highest level of benefits available. They have access to a lifetime limit of $1,000,000 to pay for medical, rehabilitation, and attendant care needs.

The definition of a “catastrophic” injury is a legal one. The legislation has outlined that someone may be deemed catastrophically injured in a number of ways. Sometimes it is very clear when someone’s injuries fall under the “catastrophic” category. However, there are time when it can be difficult to determine because of the language and test outlined by the legislation.

This is a very complex area of personal injury law, and it is critical to consult an experienced personal injury lawyer as soon as possible after a serious accident to ensure you receive the maximum benefits and support you are entitled to during your recovery.

If you or a loved one has suffered a catastrophic injury, spinal cord injury, brain injury in a motor vehicle accident, contact Oatley Vigmond today for a free consultation. We can help protect your rights and secure the benefits you need for your recovery and future care