While every motor vehicle accident is a catastrophe in the eyes of the ones involved, things are different in the eyes of the law. When it comes to legislation, there is a set of rules which determines whether an accident can be ruled as catastrophic, and will thus impact the amount of insurance coverage provided to the people involved.
Accident Benefits For All Involved
In Ontario, a standard insurance policy grants accident benefits to all the injured, regardless of whether they are found liable or not. The amount of benefits is determined by following the guidelines provided in the Statutory Accident Benefits Schedule which is the place where the quite complex definition of catastrophic in the legal sense has been written down.
Severe Injuries Are A Prerequisite
As stated in the legislation, a prerequisite for a claim to be categorized as catastrophic is the basis of severe injuries stemming from the accident. Among the injuries which are considered catastrophic are: resulting blindness in both eyes, loss of a leg or an arm through amputation or impairment, certain types of brain damage, or severe impairment as the result of a mental or behavior disorder.
Furthermore, both psychological damage and chronic pain can also apply to the definition of catastrophic if they meet the strict conditions set by legislation. You might want to know more about it from your Personal Injury Lawyer in Milton.
What Changes Once Your Claim Has Been Designated As Catastrophic?
If your claim has been determined to be catastrophic, you will find that this ruling has a significant impact on the amount of benefits you are owed. After this designation, the amount will increase by a large amount, sometimes by as much as 2,000%. On top of this, once your injuries have been designated catastrophic, your insurer will also hire a case manager to take on the coordination of the goods and services you will now require due to the injuries you have sustained. Additionally, you will also receive Attendant Care benefits for an extended period of time, together with the maximum allowance of Attendant Care services per month.
Additional Prerequisites for A Catastrophic Designation
Since insurance companies famously act in their own interests only, it should come as no surprise that they also do so in cases like this. What this means for you is that it is not enough to simply apply for this catastrophic designation, but that you will also need medical evidence from multiple examinations to back up this claim which will force your insurer to recognize your injuries as catastrophic.