Frequently Asked Questions for Individuals  And Family Members of those with Catastrophic Injuries in an Ontario Car Accident  

• 
  Catherine Shearer
  Partner

1. Q: What qualifies as a catastrophic injury in the context of a car accident in Ontario?  

A: Catastrophic injuries are severe and permanent impairments that significantly impact an individual’s daily life. In Ontario, specific criteria, as outlined in the Statutory Accident Benefits Schedule (SABS), define catastrophic injuries. 

2. Q: What immediate steps should be taken after a catastrophic injury in a car accident?  

A: Seek immediate medical attention and notify the police. Report the accident to your insurance company as soon as possible. It is crucial to document the details of the incident and gather information from witnesses.

3. Q: How does the Statutory Accident Benefits Schedule (SABS) affect individuals with catastrophic injuries? 

A: SABS outlines the benefits available to accident victims in Ontario. Catastrophic injury victims are entitled to enhanced benefits, including increased medical and rehabilitation benefits, attendant care benefits, and income replacement benefits. 

4. Q: What medical and rehabilitation benefits are available for catastrophic injury victims?  

A: Catastrophic injury victims may be eligible for extensive medical and rehabilitation benefits to cover necessary treatments, therapies, and assistive devices. These benefits are designed to support the individual’s recovery and improve their quality of life.  

5. Q: Can I sue the at-fault party for additional compensation beyond statutory benefits?  

A: Yes, you may be able to file a personal injury lawsuit against the at-fault party to seek additional compensation for pain and suffering, lost income, and other non-statutory damages. Consulting with a personal injury lawyer is advisable to explore legal options. 

6. Q: How long do I have to file a personal injury claim after a catastrophic injury in Ontario?   

A: Generally, in Ontario, you have two years from the date of the accident to file a personal injury claim. However, it is crucial to consult with a lawyer promptly to ensure all necessary steps are taken within the prescribed timelines.   

7. Q: What role does the Health Care Consent Act play in catastrophic injury cases?

A: The Health Care Consent Act governs issues related to consent for medical treatment. In catastrophic injury cases where the individual may lack capacity, the Act outlines the process for obtaining consent and making healthcare decisions on their behalf.

8. Q: How can a personal injury lawyer assist in a catastrophic injury case?

A: A personal injury lawyer can help navigate the complex legal process, advocate for your rights, negotiate with insurance companies, and ensure you receive fair compensation for your injuries. They can guide you through the legal complexities and help you understand your options. Your lawyer can also help you to ensure there is a smooth  transition  from  hospital back to home or assisted living with a community care team that is both reputable and knowledgeable in accident benefits.  

9. Q: What resources and support are available for families and caregivers of catastrophic injury victims? 

A: Families and caregivers may access various support services, including counseling, rehabilitation programs, and caregiver support groups. Additionally, the Ontario Brain Injury Association and other organizations offer resources to help families cope with the challenges of caring for someone with a catastrophic injury.  

10. Q: What steps should I take to protect my rights and strengthen my case?

A: Consult with a personal injury lawyer promptly, document all relevant information, gather witness statements, keep a detailed record of medical treatments, and follow your lawyer’s advice throughout the legal process. Your lawyer will guide you on the best course of action to protect your rights and build a strong case. 

Conclusion 

Remember, seeking professional legal advice is crucial for understanding your specific situation and ensuring you receive the support and compensation you deserve. 

This article was written by Personal Injury Lawyer, Catherine Shearer. For additional information, please do not hesitate to contact her at catherine.shearer@mckenzielake.com or visit her Instagram page @guelphinjurylawyer. 

If you require assistance with any Personal Injury matter, speak to a Personal Injury Lawyer at McKenzie Lake Lawyers LLP by calling 519-672-5666 or Catherine Shearer at 226-203-1243.