What is a Catastrophic Injury and How can a Toronto Disability Lawyer Help?

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When personal injury lawsuits come about insurance companies do what they can to save themselves the hassle of a legal trial, complicating the situation of the already wounded victim. Toronto disability lawyers are experts at dealing with the complexities of personal injury cases, and should be an immediate first step in attaining justice for the client. Using complex terms such as "catastrophic injury” is a way in which they confuse the client, and in turn can force away the victim’s case if they do not have proper legal representation. Catastrophic injuries are not simple damages; they are life changing injuries that typically permanently damage their victim.

Catastrophic Injury: The Basics

A catastrophic injury is an overall term describing any injury that results in severe and lifelong damages, almost always in combination with a permanent disability or trauma. In accordance with the Ontario Insurance Act a catastrophic injury is any of the following: paraplegia or quadriplegia, the amputation or other impairment causing the total and permanent loss of use of both arms, the amputation or other impairment causing the total and permanent loss of use of both an arm and a leg, the total loss of vision in both eyes, brain impairment.
Catastrophic injuries can be both physically and personally visible, and may take time to appear in the wounded person’s personality. The term brain impairment can involve anything from memory loss or other personality changes, to the full loss of functioning sections of the brain. These kinds of impairment are not immediately onset, and are usually not noticeable to the injured person at all. The Ontario Insurance Act allows the injured client to claim a legal case involving catastrophic injuries up to 120 days after the accident occurred, to give possible brain injuries time to become fully diagnosable and apparent.

Claiming a Catastrophic Injury- The Steps

Before anything else, a catastrophic injury must be diagnosed by a medical physician. This diagnosis may happen immediately after seeking care for a personal injury, or anytime thereafter. Due to the personal nature of some catastrophic injuries, they may not be noticeable immediately after an accident and take some time to be noticed by friends or family. Any changes in personality, disposition, or memory after an accident can be connected to catastrophic injuries within the brain and take time to emerge. Regardless of the injury, a medical verdict must be the first step in applying for a catastrophic injury suit.
Contacting a Toronto based disability lawyer is a step that should be done in conjunction with investigating the severity or outcome of the catastrophic injury. Disability lawyers are well trained to deal with victims of catastrophic injuries, and understand the personal nature of these cases. It is not only the victims of injury that are impacted, and the secondary parties around the victim need equal support in the rehabilitation of their loved ones. Well trained personal injury lawyers ensure that these secondary parties are given the necessary help when a loved one is injured, and guarantee insurance companies may for additional caregiver, housekeeping and therapy expenses that may arise. Disability lawyers can also set forth a lifetime plan for the victim, so that their needs are met in the long term.

What is a Catastrophic Injury and How can a Toronto Disability Lawyer Help?

By Mark
What is a Catastrophic Injury and How can a Toronto Disability Lawyer Help?

Disability Lawyers in Toronto and Questions About Disability Insurance


When looking to find a disability lawyer in Toronto, you might have many different questions that you would like to ask. It can be an overwhelming process if you do not know the next steps to take in applying for benefits and qualifying for insurance. A disability lawyer will help you to answer any questions you might have; the first consultation should be free for you to ask as many questions as you would like.


To qualify for Long-Term Disability Insurance, what kind of disability do I have to have?


For long-term disability insurance, you will be covered no matter what type of injury or illness you have if it is preventing you from working. Although there are policies that exclude specific illnesses, a disability lawyer in Toronto will help determine what you are eligible for.


Does it take a long time to collect the benefits that Long-Term Disability Insurance provides?


It depends on your particular case, but you need to be off work for several months before you can collect long-term disability insurance. You should read your insurance policy carefully to know how long your waiting period or “elimination” period will last.


How disabled do I have to be to qualify?


You will be able to qualify for long-term disability insurance if you are not able to do your job at all because of the disability. In order to qualify, many insurance companies will have you prove that you can’t do your job or any job that you might be qualified for by your education, experience or training. This is usually months later. Again, a disability lawyer in Toronto will help you review your long-term disability insurance policy so that you fully understand all of the conditions.



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