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Paralysis Lawyers
Our bodies are a marvel of nature. At any given moment an incalculable number of messages are being sent throughout our body that allow us to move, think and simply live. Yet, we often only truly understand and appreciate our body’s many complex functions when something happens to disrupt them.
When you become seriously injured in an accident and lose some or all of an ability, you come to recognize just how much we take for granted. This is certainly true for anyone who has sustained a debilitating physical injury that results in paralysis.
Losing the ability to use your legs and/or arms significantly alters your day to day life. Many of the activities you previously enjoyed require adjustment or simply become impossible. Learning to live and thrive with an acquired disability takes time, and it can be an emotionally and physically exhausting process. It also usually takes a lot of money.
Assistive devices, home renovations, and attendant care all help a person with a serious disability continue to lead a fulfilling and independent life. However, the cost of these goods and services over a lifetime can add up to exorbitant sums. A person paralyzed as a result of a car accident may be eligible for Statutory Accident Schedule Benefits, also known as (SABS) of up to $1 million if they are deemed to have suffered a catastrophic impairment.
Obtaining a catastrophic impairment designation can be challenging if an insurer has reason to dispute it. The catastrophic paralysis injury team at Gluckstein Lawyers has the knowledge, experience and skill to help you with your SABS claim, to ensure that you get the maximum benefits you need and deserve after your life-altering accident.
Paralysis defined.
Types of paralysis.
Paralysis is defined as a partial or complete loss of muscle control and function. The condition can be localized to one part of the body or generalized, and it may be temporary or permanent depending on the underlying cause. Paralysis is identified by a loss of function in a specific or widespread part of your body. When a person suffers from total paralysis, they usually will not feel pain in the part of the body affected as the condition is caused by message disruption between the brain and body. However, sometimes a tingling or numbing sensation occurs prior to this state.
Paralysis can be classified based on location in the body, severity, duration or by the type of muscle dysfunction. When paralysis is generalized, it affects multiple parts of the body:
- Quadriplegia/tetraplegia (both arms and legs).
- Diplegia (both arms or both legs).
- Paraplegia (below the waist, both legs).
- Monoplegia (one arm or leg).
- Hemiplegia (the arm and leg on one side of the body).
Partial or incomplete paralysis results in some sensation and control of muscles in the affected part(s) or the body. while complete paralysis results in no sensation or control. Paralysis may be temporary (when it is the result of a condition such as a stroke or Bell’s Palsy that improves over time) or permanent (when the result of a traumatic brain injury, spinal cord damage or other severe nerve damage). Paralysis can cause flaccidness in muscles (loss of tone) or spasticity (tightness, twitching, spasm).
Paralysis acquired as a result of a car accident is overwhelmingly caused by damage directly to the spinal cord. However, some traumatic brain injuries can also lead to permanent or temporary paralysis.
Paralysis symptoms.
Since paralysis can affect so many parts of the body, symptoms are numerous and can differ depending on the cause and extent of the injury. They include:
- Complete loss of sensation.
- Altered sensation.
- Tingling sensation.
- Numbness.
- Loss of movement.
- Diminished range of movement.
- Spasms.
- Altered reflexes.
- Incontinence.
- Respiratory issues.
- Sexual dysfunction.
Paralysis diagnosis and treatment.
Sometimes a doctor can rule out a spinal cord injury with a physical examination and questioning. However, in other cases additional diagnostic testing is necessary. For a patient who is unable to speak due to injury, has neck pain or has other signs of neurological injury, a doctor may order:
- X-rays: this imaging can show problems with vertebrae, fractures, tumours, or degeneration of the spine.
- CT scans: these cross-sectional scans provide more refined images of abnormalities identified by X-rays.
- MRIs: this test employs a magnetic field and radio waves to generate images that can identify herniated discs, blood clots and other abnormalities that may put pressure on the spinal cord.
If there is significant swelling post-accident, additional tests may be ordered after it is brought under control. A comprehensive neurological examination will test a patient’s ability to feel sensations and assess muscle strength.
If paralysis is temporary, a person may improve in time or with rehabilitative physical therapy. Pain medication may be prescribed to assist with pain. Unfortunately, treatment for complete and permanent paralysis is usually limited to helping a person live as independently as possible with their long term disability. Researchers have suggested advances in stem cell treatment may create the ability to restore some function in the future.
SABS definitions of catastrophic injuries.
Every person involved in a motor vehicle accident in Ontario may be eligible to receive compensation under the Statutory Accident Benefits Schedule (SABS). This system of no-fault benefits divides injuries into three tiers of severity.
Accident victims who qualify under the Minor Injury Guideline (whiplash-related injuries, muscular sprains and strains, bruising, and cuts) may receive up to $3,500 for medical-rehabilitation costs.
The next tier for more severe injuries, provides access of up to $65,000 of medical-rehabilitation and attendant care funding for up to five years.
If a person experiences significant loss of sensation and/or muscle function, they may qualify for the highest tier of compensation. In this tier, one or more of eight criteria must be met to be eligible for a catastrophic designation.
For injuries involving paralysis, this would include paraplegia or tetraplegia. To reach the required threshold the insured person’s neurological recovery must have or will have a permanent grade on the ASIA Impairment Scale of A, B or C. Or, the insured person may also have a D grade and:
- “The insured person’s score on the Spinal Cord Independence Measure, Version III, item 12 (Mobility Indoors), as published in Catz, A., Itzkovich, M., Tesio L. et al, A multicentre international study on the Spinal Cord Independence Measure, version III: Rasch psychometric validation, Spinal Cord (2007) 45, 275-291 and applied over a distance of up to 10 metres on an even indoor surface is 0 to 5,
- The insured person requires urological surgical diversion, an implanted device, or intermittent or constant catheterization in order to manage a residual neuro-urological impairment, or
- The insured person has impaired voluntary control over anorectal function that requires a bowel routine, a surgical diversion or an implanted device.”
Disputing the designation.
When a person has complete paralysis with no chance of recovering function in particular parts of the body, a catastrophic designation is generally not contested by insurers. However, when the injuries are closer to the catastrophic threshold, or there is indication that a person may recover enough ability that they will no longer qualify, insurers may attempt to deny or delay benefits.
Experiencing a life-altering injury where there is paralysis can be devastating in itself. Learning that an insurance company may be trying to deny the benefits you need and deserve can compound the anguish you or a loved one may be feeling.
How can Gluckstein Lawyers help?
For 60 years, Gluckstein Lawyers has been helping accident victims access the benefits and compensation they need and deserve to assist with their rehabilitation and recovery. Removing financial uncertainty from the equation means you can focus on what really matters. We know the difference these funds can make as you rebuild following a tragic accident and live your best life.
With Gluckstein’s catastrophic paralysis injury team on your side, you will not be in this situation alone. Our knowledgeable, experienced, and skilled personal injury lawyers have been trusted advocates to hundreds of people facing similar circumstances. With a proven track record for results and a strong reputation for providing empathetic and compassionate client care, you can be confident in our ability to be there for you when you need it, and how you need it, the most.
If an insurer is being difficult or has issued an outright denial of your claim, contact our team right away. In our first no cost, no obligation consultation, we will explain your rights, your options and how we can be of service.
Gluckstein’s catastrophic paralysis injury team can call on our extensive network of medical experts to build evidence on behalf of your claim. We know what it takes to persuade insurers that it’s in their interest to settle your claim fairly, and we have no hesitation in bringing your case to court if they won’t.
A trusted member of your team.
Our peers have recognized our excellence in law by consistently ranking us as one of the country’s top personal injury law firms. Our past clients have also seen our skills first-hand, but often tell us that what was even more meaningful to them was our commitment to compassionate full-circle care.
We don’t lose interest in our clients when their case concludes. Rather, we endeavour to help them in every way we can from building their case, connecting them with support systems, and working with them as they plan the next part of their lives. We may first meet you at an incredibly low point in your life, but we are determined to know you as a person confidently and resiliently building a better future.
Trust Gluckstein Lawyers to be your tireless and fierce advocate. Our experienced catastrophic injury lawyers in Toronto, Ottawa, Niagara, and Barrie serve clients across Ontario and are here to work with you. Contact us today for your no cost, no obligation initial consultation.
Related Expertise.
FAQs.
- What is Surveillance in Long-Term Disability Insurance?
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Surveillance in the context of Long-Term Disability (LTD) insurance refers to the practice where insurance companies may conduct covert monitoring and observation of claimants to investigate the validity of their disability claims. This surveillance is typically carried out by professional investigators who gather visual evidence, such as photographs or videos, to assess the claimant's activities and functional limitations. Here are key points to understand about surveillance in LTD insurance:
- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- Activities Monitored: Surveillance may involve monitoring various aspects of a claimant's daily life, including physical movements, interactions with others, engagement in recreational activities, and participation in events that could indicate the level of disability.
- Covert Nature: Surveillance is typically conducted covertly, meaning that the claimant is not aware that they are being monitored. This approach aims to capture the claimant's behavior and activities in their natural state without influencing their actions.
- Legal Compliance: Surveillance activities must comply with legal regulations and privacy laws to ensure that the rights of the claimant are respected. Investigators must adhere to ethical standards and obtain evidence lawfully.
- Impact on Claims: The results of surveillance can influence the outcome of an LTD claim. If the surveillance footage contradicts the claimant's reported limitations or suggests misrepresentation of disability, the insurance company may use this information to deny or terminate benefits.
- Frequency: Surveillance is not conducted continuously for all claimants but is often employed selectively based on specific factors, red flags, or suspicions raised during the claims process.
- Balancing Privacy and Investigation: While surveillance is a legitimate tool for insurance companies to verify claims, it raises concerns about privacy invasion and the potential misinterpretation of normal activities as evidence of fraud. Claimants have the right to challenge surveillance findings if they believe their disability status has been misrepresented.
Understanding the role of surveillance in LTD insurance can help claimants navigate the claims process effectively, ensure transparency in their interactions with the insurance company, and seek legal advice if they have concerns about the handling of surveillance activities in relation to their disability claim.
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- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- How Much Money Can I Get From My Long-Term Disability Benefits?
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The amount of money you can receive from Long-Term Disability (LTD) benefits in Ontario is influenced by various factors, including the terms of your specific LTD policy, your pre-disability earnings, and the duration of your disability. Here are key points to consider regarding LTD benefits in Ontario:
- Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
- Maximum Benefit Amount: Most LTD policies have a maximum monthly benefit amount, which caps the total benefits you can receive each month. This maximum amount is determined by the terms of your policy.
- Duration of Benefits: The duration for which you can receive LTD benefits varies and is specified in your policy. Some policies provide benefits until retirement age, while others have a limited benefit period (e.g., two years, five years).
- Integration with Other Benefits: LTD benefits may be integrated with other disability benefits you receive, such as Canada Pension Plan Disability (CPP-D) benefits or workplace pensions. The total amount you receive from all sources may be subject to offsets or reductions.
- Tax Considerations: LTD benefits in Ontario are generally considered taxable income. However, if you paid the premiums for the LTD policy with after-tax dollars, a portion of the benefits may be tax-free.
- Cost-of-Living Adjustments: Some LTD policies include cost-of-living adjustments to account for inflation, ensuring that the purchasing power of your benefits is maintained over time.
- Return-to-Work Provisions: Many LTD policies include provisions for partial disability benefits if you can return to work on a part-time basis or in a reduced capacity. These provisions may affect the amount of benefits you receive.
To determine the specific amount of money you can receive from LTD benefits in Ontario, it is essential to review your LTD policy documents, understand the terms and conditions of the policy, and consult with the insurance provider or a legal expert specializing in disability insurance claims. They can provide detailed information on benefit calculations, limitations, and any additional factors affecting the amount of LTD benefits you are eligible to receive.
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- Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
- Why Do Insurance Companies Deny LTD Claims?
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Insurance companies may deny Long-Term Disability (LTD) claims for various reasons, some of which are legitimate while others may involve errors, misinterpretations, or disputes. Here are common reasons why insurance companies deny LTD claims:
- Insufficient Medical Evidence: If the medical documentation provided does not sufficiently support the severity or duration of the disability, the insurance company may deny the claim due to a lack of evidence.
- Pre-Existing Conditions: Some policies exclude coverage for pre-existing conditions or conditions that existed before the policy came into effect. If the disability is deemed to be related to a pre-existing condition, the claim may be denied.
- Policy Exclusions: Certain policies have specific exclusions for certain types of disabilities, treatments, or conditions. If the disability falls under an exclusion listed in the policy, the claim may be denied.
- Failure to Meet Criteria: Insurance policies often have specific criteria that must be met to qualify for LTD benefits. If the claimant does not meet these criteria, such as the definition of disability or waiting period requirements, the claim may be denied.
- Incomplete Documentation: If the required documentation, forms, or information are incomplete, missing, or not submitted within the specified timeframe, the insurance company may deny the claim due to insufficient information.
- Discrepancies in Information: Inconsistencies between the claimant's statements, medical records, and other documentation can raise red flags and lead to the denial of the claim.
- Failure to Follow Treatment Plans: If the claimant does not follow prescribed treatment plans, attend medical appointments, or comply with rehabilitation efforts, the insurance company may deny the claim on the basis of non-compliance.
- Occupational Duties: If the disability does not prevent the claimant from performing the essential duties of their occupation as defined in the policy, the claim may be denied.
- Surveillance Results: Insurance companies may conduct surveillance to investigate the validity of a claim. If the surveillance results suggest that the claimant's reported limitations are inconsistent with their activities, the claim may be denied.
- Fraud or Misrepresentation: If the insurance company suspects fraud, misrepresentation of facts, or intentional withholding of information by the claimant, the claim may be denied.
Understanding these reasons for denial can help claimants navigate the LTD claims process more effectively, address any issues proactively, and seek recourse if they believe the denial is unjustified. It's advisable to consult with legal counsel specializing in disability insurance claims to explore options for disputing a denied LTD claim.
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- Insufficient Medical Evidence: If the medical documentation provided does not sufficiently support the severity or duration of the disability, the insurance company may deny the claim due to a lack of evidence.
- What Medical Conditions Qualify for Long-Term Disability?
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Long-Term Disability (LTD) insurance typically covers a wide range of medical conditions that significantly impact an individual's ability to work and perform daily activities. While the specific criteria for qualifying for LTD benefits may vary depending on the policy and insurance provider, here are common medical conditions that often qualify for Long-Term Disability coverage:
- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Mental Health Disorders: Including depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder (PTSD), schizophrenia, and other psychiatric conditions that impair daily functioning.
- Neurological Disorders: Such as multiple sclerosis (MS), Parkinson's disease, epilepsy, Alzheimer's disease, and other conditions affecting the brain and nervous system.
- Cardiovascular Disorders: Including heart disease, congestive heart failure, arrhythmias, and other cardiovascular conditions that impact physical functioning.
- Cancer: Various forms of cancer, including leukemia, lymphoma, breast cancer, lung cancer, and other malignancies that require extensive treatment and cause disability.
- Autoimmune Disorders: Such as lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, and other autoimmune conditions that result in chronic symptoms and limitations.
- Chronic Pain Syndromes: Conditions leading to persistent pain and discomfort, such as migraines, complex regional pain syndrome (CRPS), and neuropathic pain disorders.
- Respiratory Disorders: Including asthma, chronic obstructive pulmonary disease (COPD), emphysema, and other lung conditions that impact breathing and physical exertion.
- Endocrine Disorders: Such as diabetes, thyroid disorders, adrenal insufficiency, and hormonal imbalances that affect overall health and functioning.
- Degenerative Diseases: Conditions like osteoarthritis, degenerative disc disease, muscular dystrophy, and other progressive diseases that result in physical decline over time.
It's important to note that each LTD policy may have specific definitions, limitations, and exclusions regarding covered medical conditions. To determine if your medical condition qualifies for Long-Term Disability benefits, consult your policy documents, speak with your insurance provider, and consider seeking guidance from a healthcare provider or legal expert specializing in disability insurance claims.
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- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Can You Dispute Your Denied Disability Claim?
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Yes, you can dispute a denied Long-Term Disability (LTD) claim if you believe that the denial is unjustified or incorrect. Disputing a denied LTD claim involves challenging the decision made by the insurance company and presenting additional evidence or arguments to support your claim for disability benefits. Here are steps to effectively dispute a denied LTD disability claim:
- Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
- Gather Additional Evidence: Collect any new medical records, test results, physician statements, or other relevant documentation that strengthen your case for disability benefits. Ensure that this evidence directly addresses the reasons cited for the denial.
- Consult with Legal Counsel: Consider seeking advice from a lawyer specializing in disability insurance law. A legal expert can assess your case, provide guidance on disputing the denial, and represent you in negotiations with the insurance company if needed.
- Prepare a Detailed Dispute Letter: Craft a comprehensive dispute letter outlining the reasons why you believe the denial is incorrect. Clearly present the additional evidence, explanations, and arguments supporting your claim for disability benefits.
- Submit the Dispute: Send your dispute letter and supporting documentation to the insurance company within the specified timeframe outlined in your policy. Use a method that provides proof of delivery to ensure your dispute is received.
- Engage in Dialogue: Stay in communication with the insurance company throughout the dispute process. Be prepared to provide further clarification, answer questions, or provide additional information as requested.
- Consider Alternative Resolution: If direct negotiation with the insurance company does not lead to a resolution, explore alternative dispute resolution methods, such as mediation, to seek a mutually acceptable outcome.
- Legal Action: If all attempts to dispute the denial prove unsuccessful, you may consider taking legal action against the insurance company by filing a lawsuit. Your legal counsel can guide you through the litigation process and represent your interests in court.
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- Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
- How Do I Appeal Long-Term Disability Denial?
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When faced with a denial of your Long-Term Disability (LTD) claim, appealing the decision is a crucial step to seek reconsideration and potentially secure the benefits you are entitled to. Here are the steps to effectively appeal a Long-Term Disability denial:
- Review the Denial Letter: Carefully review the denial letter from the insurance company to understand the reasons for the denial, the policy provisions cited, and any additional information or documentation required for the appeal.
- Gather Supporting Documentation: Collect all relevant medical records, test results, physician reports, and any other evidence supporting your disability claim. Ensure that this documentation addresses the reasons for denial outlined in the letter.
- Understand the Appeals Process: Familiarize yourself with the specific appeals process outlined in your LTD policy. Note any deadlines for submitting an appeal and follow the prescribed procedures to ensure your appeal is considered.
- Draft a Comprehensive Appeal Letter: Prepare a detailed appeal letter addressing each reason for denial, providing additional evidence, explanations, and arguments supporting your claim for disability benefits. Be clear, concise, and organized in presenting your case.
- Seek Legal Advice: Consider consulting with a lawyer experienced in disability insurance law to guide you through the appeals process, review your appeal letter, and provide legal representation if needed.
- Submit the Appeal: Send your appeal letter and supporting documentation to the insurance company within the specified timeframe. Use certified mail or another method that provides proof of delivery to ensure your appeal is received.
- Follow Up and Maintain Communication: Keep track of your appeal timeline, follow up with the insurance company to confirm receipt of your appeal, and maintain open communication throughout the appeals process.
- Consider Alternative Dispute Resolution: If the appeal is unsuccessful, explore alternative dispute resolution options, such as mediation or arbitration, to resolve the dispute outside of litigation.
- Legal Action: If all appeals are exhausted and your claim remains denied, you may consider pursuing legal action against the insurance company through a lawsuit with the assistance of legal counsel.
By following these steps and seeking professional advice where necessary, you can navigate the appeal process effectively and increase your chances of overturning a Long-Term Disability denial.
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- Review the Denial Letter: Carefully review the denial letter from the insurance company to understand the reasons for the denial, the policy provisions cited, and any additional information or documentation required for the appeal.
- What Types of LTD Claims Can I Sue For?
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In Ontario, individuals with Long-Term Disability (LTD) claims may have legal options to pursue lawsuits in various situations. Some potential types of LTD claims that individuals in Ontario can sue for include:
Wrongful Denial of Benefits: If your LTD claim is wrongfully denied by the insurance company, you may have grounds to sue for a breach of contract or bad faith denial. This can involve challenging the denial based on policy provisions, medical evidence, or procedural errors in the claims process.
Termination of Benefits: If your LTD benefits are terminated unfairly or prematurely, you may have a basis to sue for wrongful termination. This could include situations where benefits are cut off without proper justification or where the insurance company fails to provide adequate reasons for ending payments.
Breach of Fiduciary Duty: In cases where the insurance provider fails to fulfill its fiduciary duty to act in the best interests of the insured individual, leading to harm or financial loss, a lawsuit for breach of fiduciary duty may be pursued.
Disability Discrimination: If you believe you have been discriminated against based on your disability status in the context of your LTD claim, you may have legal grounds to sue for disability discrimination. This can include situations where you are treated unfairly, denied benefits, or subjected to adverse actions due to your disability.
Violation of Human Rights: If your rights under human rights legislation in Ontario, such as the Ontario Human Rights Code, are violated in relation to your LTD claim, you may have the option to bring a lawsuit for human rights violations.
Bad Faith Insurance Practices: In cases where the insurance company engages in bad faith practices, such as unreasonably delaying or denying valid claims, acting in a discriminatory manner, or failing to adhere to legal obligations, a lawsuit for bad faith insurance practices may be pursued.
When considering legal action related to LTD claims in Ontario, it is advisable to seek guidance from a lawyer specializing in disability law to assess the specifics of your case, understand your rights under Ontario laws, and determine the appropriate course of action to seek redress for any injustices related to your LTD claim.
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- What is Disability?
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Disability is a broad term that encompasses physical, cognitive, sensory, or mental impairments that may limit an individual's ability to engage in certain activities or perform tasks compared to the general population. Disabilities can be temporary, permanent, or episodic, and they vary in severity and impact on daily functioning.
Disabilities can result from various factors, including congenital conditions, illnesses, injuries, accidents, or age-related changes. The effects of a disability can manifest in limitations related to mobility, communication, cognition, sensory perception, or self-care, affecting an individual's independence and quality of life.
In the context of insurance, such as Long-Term Disability (LTD) coverage, disabilities are typically assessed based on their impact on an individual's ability to work and earn income. Insurance policies define disability criteria to determine eligibility for benefits, considering factors such as medical evidence, functional limitations, and the individual's capacity to engage in gainful employment.
Understanding the nature of disabilities, their diverse manifestations, and the challenges they pose to individuals is crucial for creating inclusive environments, providing appropriate support and accommodations, and promoting equal opportunities for individuals with disabilities in various aspects of life.
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- Why is it important to receive a catastrophic designation?
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Receiving a catastrophic designation after being injured in a personal injury accident in Ontario is crucial for several significant reasons.
A catastrophic designation often leads to increased benefits under the Statutory Accident Benefits Schedule (SABS). This designation can result in higher coverage limits for medical expenses, attendant care, rehabilitation, and other essential services.
Individuals with a catastrophic designation may gain access to specialized medical treatments, therapies, and support services tailored to address the specific needs arising from severe injuries, such as traumatic brain injuries or spinal cord injuries. Catastrophic designations can lead to higher compensation amounts for future care costs, income replacement, and other financial losses incurred due to the catastrophic injury. This financial support is crucial for long-term recovery and rehabilitation.
Having a catastrophic designation ensures individuals receive ongoing support, including long-term medical care, rehabilitation services, vocational assistance, and other resources aimed at promoting independence and quality of life. Recognition of a catastrophic injury through the designation allows individuals to access resources such as adaptive equipment, home modifications, and specialized therapies that can significantly improve their quality of life post-injury.
Receiving a catastrophic designation in Ontario is instrumental in ensuring individuals with severe injuries receive the necessary benefits, care, financial support, and legal advantages required for their recovery, well-being, and overall quality of life.
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- What is considered to be a catastrophic injury?
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A catastrophic injury causes significant and permanent impact or damage to a victim. However, the term catastrophic injury has a specific meaning and is defined by certain criteria when applied to Ontario's Statutory Accident Benefits Schedule (SABS) for motor vehicle accidents.
Some examples of catastrophic injuries according to SABS criteria include:- A severe brain injury;
- Loss of a limb;
- Extreme loss of vision; and
- Paralysis, among other injuries.
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- What are the time limits on filing a catastrophic injury claim?
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In Ontario, the time limits for filing a catastrophic injury claim are governed by the province's Limitations Act, 2002.
In Ontario, individuals generally have two years from the date of the accident or the date they discover their injury to file a personal injury claim, including claims related to catastrophic injuries. This two-year period is known as the limitation period.
If the catastrophic injury was not immediately apparent at the time of the accident and was discovered later, the limitation period may start from the date the injury was discovered or when the individual should have reasonably discovered it.
For individuals who were minors (under the age of 18) at the time of the accident, the two-year limitation period begins to run on their 18th birthday. This provision allows minors extra time to bring a claim.
While there are no formal notice requirements for catastrophic injury claims in Ontario, it is advisable to notify relevant parties, such as insurance companies, as soon as possible after the accident to initiate the claims process.
In certain circumstances, there may be exceptions or extensions to the limitation period. For example, if the injured individual lacks the legal capacity to file a claim, the limitation period may be extended. It is crucial to seek legal advice from an experienced personal injury lawyer promptly after sustaining a catastrophic injury in Ontario to ensure compliance with the applicable time limits for filing a claim.
Missing the deadline could result in the loss of the right to seek compensation for the injuries suffered. A knowledgeable personal injury lawyer at Gluckstein Lawyers can help navigate the complexities of filing a catastrophic injury claim within the specified time limits.
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- Why is it important to seek representation from a personal injury lawyer with experience in catastrophic injuries?
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It is crucial to seek representation from a personal injury lawyer with experience in catastrophic injuries. Personal injury lawyers with experience in catastrophic injuries have specialized knowledge and expertise in handling complex cases involving severe and life-altering injuries. They understand the unique challenges and nuances associated with catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, amputations, and severe burns.
Lawyers who specialize in catastrophic injuries not only provide legal guidance but also offer emotional support and guidance throughout the legal process, helping clients cope with the challenges they face. By seeking representation from a personal injury lawyer at Gluckstein Lawyers with experience in catastrophic injuries, individuals can ensure they receive the level of care, expertise, and advocacy needed to navigate the complexities of their case, pursue justice, and obtain the compensation they deserve for the profound impact of catastrophic injuries on their lives.
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- What does it mean to have a catastrophic injury such as Quadriplegia?
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Quadriplegia is paralysis caused by illness or injury to the spinal cord that results in the partial or total loss of use of all limbs and torso; paraplegia is similar but does not affect the arms.
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- How can Gluckstein Personal Injury Lawyers help me if I have been paralyzed in an accident?
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Gluckstein Personal Injury Lawyers has a team of professionals experienced in dealing with seriously injured individuals and will work tirelessly to ensure that our clients’ needs are met both medically and financially.
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- What does it mean to have a catastrophic injury such as Paraplegia?
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Paraplegia is the loss of sensation or movement in the legs and in all or part of the torso, usually caused by an injury below the neck. Many life changes follow an injury that has resulted in this type of paralysis, including:
- Regular rehabilitation, physical therapy, and medical care;
- A new profession or reduced-level employment;
- Alterations to one’s home and car to accommodate different physical needs;
- Added stress to personal relationships, including friends and family.
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- Regular rehabilitation, physical therapy, and medical care;
- What benefits can I access if my injury is deemed catastrophic?
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If your injury is deemed catastrophic, you may gain access to a range of benefits that can provide crucial support for your recovery and well-being.
Here are some of the benefits you may be able to access:
- Enhanced Medical Benefits.
- Income Replacement.
- Attendant Care Services.
- Housekeeping and Home Maintenance Benefits.
- Rehabilitation Services.
- Transportation Expenses.
- Case Management Services.
- Home Modifications.
- Future Care Costs.
- Legal and Advocacy Support.
By accessing these benefits, individuals with catastrophic injuries can receive comprehensive support to aid in their recovery, enhance their quality of life, and address the long-term impact of their injuries effectively.
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