While there are many types of vehicles, cars represent the most common type of motor vehicle accident. More than 80,000 drivers a year are involved in accidents leading to personal injuries and death.
The toll taken on our roadways requires diligent and effective legal counsel to make sure victims get the full benefits and compensation they are entitled to. At Edson Legal, we have recovered millions of dollars for our clients in serious car accident claims. Insurance companies are well aware of our reputation for vigorously defending client interests in court and out of court, and conduct themselves accordingly.
But it is important to get your claim underway quickly, with a law firm that has the resources, experts on call and investigative means to get you the compensation you deserve.
In 2012, the FSCO (Financial Services Commission of Ontario ) published the “Superintendent’s Report on the Definition of Catastrophic Impairment” in the SABS (Statutory Accident Benefits Schedule). The report sought to clarify what qualifies as a catastrophic impairment and it consulted widely with medical professionals. Before the report, there were liberal interpretations of the legal definition of catastrophic impairments by arbitrators and courts. Responding to pressure from the insurance industry the Government of Ontario changed the definition of catastrophic impairment and slashed the benefits available to catastrophically injured individuals making it more important than ever that a catastrophically injured person or their family retain an experienced and competent catastrophic injury accident lawyer for motor vehicle accident claims.
At Edson Legal we have almost 40 years of experience representing seriously injured motor vehicle accident victims including those catastrophically injured where we guide and protect our clients through the very complicated laws and regulations affecting car accident victims and we retain leading respected medical and vocational experts to assist in assessing catastrophic impairment and vigorously litigate and protect our client’s rights when insurers wrongly deny claims for fair and adequate compensation.
The complicated changes to the definition of catastrophic impairment apply to persons injured in vehicular accidents on or after June 1 2016 and these changes affect accident victims who have sustained injuries resulting in
- Paraplegia or tetraplegia
- Severe impairment of ambulatory mobility or use of an arm or amputation
- Loss of vision of both eyes
- Traumatic brain injury in persons 18 years of age or older at the time of the accident
- Traumatic brain injury in persons under the age of 18
- Severe spinal injury like quadriplegia and paraplegia (defined by the American Spinal Injury Association)
- Traumatic brain injury in adults that results in a coma for 1 month, moderate lower disability after 1 year, and lower disability for 6 months (determination whether the injury is catastrophic is determined based on the Glasgow Coma Scale)
- Traumatic brain injury in kids
- 55% or more physical impairment or a combination of physical and mental or behavioural impairments results in 55 % or more impairments of the whole person
- Class 4 marked impairment in three or more areas of function
- Class 5 impairment ( extreme impairment) in or more areas of function that precludes useful functioning , due to mental or behavioural disorder
We also represent family members where a personal injury has led to the death of a loved one. We have gained experience representing thousands of claimants in injuries resulting from motor vehicle accidents (including cars, motorbikes, boats, and ATVs), dog bites, slip and fall accidents, defective products and medical negligence .
Why hire a lawyer for a serious catastrophic injury claim?
Under the law, you are entitled to compensation if you suffer a serious catastrophic injury accident even if the accident was your fault and if the fault is another person’s negligence you are also entitled to damages over and above accident benefits .
- Proving fault
However, proving fault is not always easy. The other party or his/her insurer and legal team will try to lay fault on you to avoid or reduce compensation. At Edson Legal, we have an experienced team that knows the relevant laws and procedures to assign fault to the right party and to ensure that this sticks in out of court settlement meetings, mediation sessions, settlement conferences, and trial and we make sure that when necessary all negligent parties are sued whether they be the driver and owner of the vehicle, the negligent mechanic or manufacturer or negligent road authority.
- Determining the amount to claim
In most cases it is not possible to determine the amount of compensation you are entitled in the early stages after the accident. It takes time to recover from a serious injury and until you plateau in recovery , settlement should not be pursued . We know this from over 30 years of experience. You do not want to ask for too much as you will come out as being greedy or for too little because you will lose out. We will do an accurate calculation of your rightful compensation, factoring in loss of income, future loss of income, equipment/nursing care costs, housekeeping and handyman expenses, medical treatment required (including the cost of medication and therapy), and pain and suffering.
- Complex laws
Laws governing serious catastrophic injury claims are complex and you should never attempt to represent yourself . It is an old adage that a someone who has himself for a lawyer has a fool for a client. There are many documents to file, evidence to be gathered and analyzed, timelines to be met, witnesses to be interviewed, and meetings to be held with the opposing party and objective and experienced representation is critical to a fair and just outcome .
- Recovering from your injuries
Although the law allows you to represent yourself in a personal injury claim, we strongly recommend against this. Even experienced injury lawyers hire another lawyer to represent them when injured. Note as well , there is a statute of limitation on personal injury claims, meaning you cannot always wait until you are fully recover to start a lawsuit and it is important to gather evidence respecting both liability for the accident and your damages at an early stage. Claims against government authorities in particular have strict notice requirements that must be met otherwise a meritorious claim can be dismissed on procedural grounds.
At Edson Legal, we will go all out to not only ensure you win but to ensure you get the biggest possible package. We have a high success rate, thanks to our vast experience spanning close to 4 decades. Call us today on 1-855-702-3119, or fill out our Online Case Assessment form for a free assessment.