What are Catastrophic Injuries?

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Catastrophic injuries are the most serious personal injuries. They are often caused by car accidents, motorcycle accidents, vehicle vs. bicycle crashes, and vehicle vs. pedestrian collisions.

 

If an individual suffers very significant physical, neurological, or psychological injuries as a result of the use or operation of an automobile they may be designated as "catastrophically impaired" for the purpose of their no-fault accident benefits claim. Claimants who are deemed catastrophically impaired are typically entitled to a maximum of $1,000,000 worth of treatment, and a housekeeping benefit of up to $100 per week.

 

The Statutory Accident Benefits Schedule (SABS) outlines eight different criteria through which an individual can be considered catastrophically impaired. If an individual satisfies any of the eight criteria, then they are catastrophically impaired.

 

Very roughly speaking those categories include: serious spinal cord injuries; an amputation or complete loss of ability to use an arm or leg; a significant loss of vision; significant brain injuries which usually require an MRI or other imaging demonstrating the damage to the brain; marked psychological impairments; and a culmination of all injuries severe enough that an individual’s “whole person impairment rating” is 55%.

 

Several catastrophic criteria such as marked psychological impairments, and “whole person impairment ratings” are extremely complex determinations. In these instances, determining catastrophic impairment often requires multiple specialist doctors to evaluate the injured individual and provide an opinion.

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             Navigating Catastrophic Injury Claims

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Often an individual's accident benefits insurance company will disagree with the claimant's doctors that the person is catastrophically impaired. In those cases, it's important that the injured person retain an experienced catastrophic injury lawyer to dispute the insurer's decision at the License Appeal Tribunal. An experienced catastrophic injury lawyer will also recognize which additional medical experts can be retained to improve their client's chances of being designated catastrophically impaired.

 

However, even where the insurance company accepts a catastrophic impairment designation, it is important to retain a catastrophic injury lawyer for many reasons.

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Catastrophically impaired individuals require a case manager to organize their treatment team and discovery additional treatments which could be beneficial. Insurance companies often appoint a case manager. However, its important to select a case manager who is solely focused on your treatment needs and recovery - not someone trying to save the insurance company money. At Foster Injury Law, we work with many treatment providers and can help you choose a case manager best suited for your specific injuries and goals.

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Insurance companies will typically try to settle a catastrophically injured person's claim with them at some stage during the process. This can be beneficial for the individual as they do not have to participate in the often burdensome insurance process. It is also beneficial for the insurance company which can pay significant costs to constantly adjust and assess the claim. The value of each catastrophic claim is dependent upon countless factors. A catastrophic personal injury lawyer will be able to help an individual value their claim and negotiate an appropriate settlement.

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Our catastrophic injury law professionals have assisted countless catastrophically impaired clients. If you have questions about your catastrophic injury claim, please don't hesitate to fill in the form below, or call us, for a free consultation.