Lawyer Can Advocate for Quadriplegic Car Accident Victim

Are you or a loved one a quadriplegic as a result of a car accident? Consulting a lawyer whose focus is in personal injury law may be the most prudent route to realizing the different forms of compensation and coverage for what may be a lifetime.

Quadriplegia is defined as the paralysis, or loss of use, of all four limbs. Car accidents account for almost half of all cases in Canada. Statistically, in Ontario, young men between the ages of 20 to 29 represent nearly three quarters of traumatic spinal cord injuries, of which paraplegia and quadriplegia are included. The Rick Hansen Institute estimates that a quadriplegic will require an estimated $3 million to cover medical, rehabilitative, and attendant care. That may seem like a high figure, but when you factor in the enormous costs – acute, round-the-clock hospitalization, medications, power wheelchairs, modifications to homes to become wheelchair accessible, and physiotherapy – that threshold can all too quickly be reached.

Ensure Your Needs Are Being Met

The natural assumption when you are catastrophically injured during a motor vehicle accident is to make arrangements through your insurance company to activate coverage. However, insurance companies may not necessarily be acting in your or your loved one’s best interests. According to the Ontario Trial Lawyers Association and the Fair Association of Victims for Accident Insurance Reform, for every dollar paid out to a victim of a car accident, the insurer will have spent an estimated 70 cents fighting the accident claim. Note recent changes in the Statutory Accident Benefits (SABS). There is now a cap of $1 million for medical rehabilitation and attendant care benefits for those in a car accident that results in partial or complete paralysis. That $1 million for the lifetime of the victim is significantly less than the $3 million recommended by the not-for-profit Rick Hansen Institute. Prior to June 2016, the SABS cap was twice that, or $2 million.

Putting Knowledge and Experience to Work for You

The parameters of how the car accident occurred can affect avenues of compensation. For example, if the car accident occurred as part of the accident victim’s course of employment – such as being a delivery driver. There may be additional benefits available through the employer’s Workplace Safety and Insurance Board (WSIB) policy.

Changes to government and insurance policies happen often right under our noses. Indeed, even the definition of quadriplegia has become open to interpretation, now that the SABS relies on criteria established by the American Spinal Injury Association Impairment Scale. A lawyer can advise you of these semantics.

The complex nuances of timelines, paperwork, and legal terminology can be overwhelming. For a quadriplegic, the path to recovery is not an easy one. While medical advances are happening more and more, the loss of use of limbs is considered irreversible. But the path does not have to be taken alone. A lawyer strongly experienced in car accident law and the needs of quadriplegic care is an essential advocate for your rights.