If you sustained a catastrophic injury in a recent accident, you might be entitled to benefits and compensation. A Midland catastrophic injury lawyer who regularly handles these types of cases can evaluate your accident and discuss what compensation you may be entitled to.
A devastating injury can significantly impact your quality of life or your ability to maintain a full-time job. A personal injury lawyer at Rastin Law could explain your rights and legal options under Ontario’s catastrophic impairment laws and help you seek all benefits available to you.
The Statutory Accident Benefits Schedule (SABS) are available through your auto insurance policy in the event of a collision. These are no-fault accident benefits, which means that even if you are partially responsible for your injuries, you can still pursue compensation under SABS.
SABS benefits are divided into three classifications based on the severity of your impairment. The highest injury ranking is for catastrophic injuries. Injuries that fall into the disastrous loss category include severe head trauma, paralysis, blindness, burns, spinal cord damage, and loss of one or more limbs.
A Midland lawyer could help you pursue several types of SABS benefits if you have sustained a catastrophic injury because of someone else’s negligence. For example, you can have your medical expenses (i.e. hospital bills, surgery expenses, etc.) and rehabilitation costs covered under your no-fault accident benefits.
For a catastrophic injury, the cap on these benefits is $1 million. However, if you pay an additional insurance premium, these benefits can be increased to $2 million.
SABS also covers your wage loss due to your catastrophic injury and the cost of retaining a caregiver if your need one. Catastrophic injuries often prevent a person from performing even basic tasks without assistance. As such, SABS benefits can cover the cost of home health care or assisted living facility expenses.
One of the most notable benefits for individuals with catastrophic injuries is the SABS compensation for non-earners. You can claim non-earner benefits when your catastrophic injury prevents you from ever working again, or inhibits you from conducting your regular job functions as before.
For SABS, a non-earner is also someone who was not working in the six months prior to sustaining their catastrophic injury. You must wait four weeks from the incident before filing for non-earner benefits. Additionally, these benefits are only available for up to two years following the accident and are capped at $185 per week.
Given the limitations that SABS imposes on catastrophically injured accident victims, it is best to speak with a local lawyer who can guide you through the full range of benefits you can claim. When the negligence of another person or government entity is responsible for your catastrophic injury, you may have legal recourse to file a tort claim and recover other types of compensation, such as pain, suffering, and punitive damages.
If your catastrophic injury came from a crash, you must submit your application for SABS benefits within 30 days. However, the deadline to inform the insurance company of the incident is just one week from the date of becoming injured. If you want to file a negligence claim against a government entity, you have 10 days to submit written notice of your intent to sue, but up to two years to file a civil claim against individuals.
If you have suffered permanent or debilitating physical impairment in any accident, you should talk with a Midland catastrophic injury lawyer from our firm. One of our lawyers could give you more information about filing a claim and the types of benefits you can seek for your catastrophic injury. Contact a local lawyer today for your comprehensive case evaluation.