What is Considered a Catastrophic Injury in Ontario?
While many car accidents result in injuries that heal over time with medical care, some impact accident victims for a lifetime, causing physical and emotional impairment and suffering for the individual and grave financial hardships for the family. On top of this, changes to the law here have made it more difficult for victims to collect compensation for their devastating injuries.
Under Ontario law, catastrophic injuries are defined as one of the following:
- Paraplegia
- Tetraplegia
- Blindness
- Amputation
- Severe impairment of the ability to move or walk
- Impairments that result in a 55 percent whole person impairment
- Impairment due to mental or behavioural disorders
Each one of these carries its own set of criteria to be considered catastrophic in nature.
How Changes in the Law May Affect You as an Injury Victim
Placing restrictions on what can be considered catastrophic under the law was just part of the government’s changes. The other change that could significantly affect injury victims was a cap placed on catastrophic injury claims. In effect, these were cut in half.
Before these changes, an injury victim could receive medical benefits and attendant care for up to $1 million each, totaling $2 million. These have been cut in half to $1 million in total. In addition, non-earners (those who were not employed for six months of the year before the accident) used to be eligible for benefits for the rest of their lives. The new laws limit this to $185 per week for up to two years.
These changes have a significant impact on those whose lives are forever changed by a catastrophic injury.
Get Professional Legal Advice
If you have suffered a catastrophic injury in Ontario, you may be able to sue the at-fault party for your damages in some instances. The Ontario catastrophic injury lawyers at Hilborn and Konduros can offer answers to your questions and provide legal options so you can heal. Call us at (519) 658-6341 to get help with your injury claim.
