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Spinal Cord Injury Lawyers

Your spinal cord works a lot like a multi-lane information highway. Signals from the brain travel through this two-way communication line that is made of nerve cells and fibres and looks similar to a cable. Then they branch off to secondary roads to reach different parts of your body. Similarly, messages from nerve endings in the body travel back through these side roads, are routed through the spinal cord and are brought back to your brain for decoding and processing. This communication network allows the brain to control muscles, ensure proper organ function, and provide important sensory feedback (such as knowing when you are touching something that could burn you if you don’t pull away).

Your spine provides vital protection for this important information highway while remaining flexible enough to allow a range of motion. But if your spine suffers trauma that causes or permits damage to the spinal cord, it could result in a kind of message traffic jam where some lanes of that highway become blocked or closed off completely. Unfortunately, if damage is permanent, there is no known alternate route between the brain and body.

Traumatic spinal cord injuries can be caused by falls, contact sports, surgical errors, or intentionally inflicted violence. But if you or a loved one sustained a traumatic spinal cord injury in a motor vehicle accident in Ontario, you may be eligible for certain medical benefits and compensation from the province’s Statutory Accident Benefits Schedule (SABS) or no-fault auto insurance.

Severe debilitating spinal cord damage can be life-altering. Ensuring you receive the maximum amount of benefits and compensation you need and deserve will be critical as you recover and build your best life possible. Gluckstein Personal Injury Lawyers’ catastrophic spinal cord injury team has the experience, knowledge and skill you’ll want in your legal representative. As your fierce advocate, we can help you build a strong case to convince an insurer to settle your claim fairly, and we’ll be ready to take the matter to court if they won’t.

Understanding the spine and spinal cord.

Design and function.

Most people are born with 33 vertebrae in the spine. Seven cervical vertebrae in the neck (C1 to C7), 12 thoracic vertebrae in the upper back (T1 to T12), five lumbar vertebrae in the lower back (L1 to L5), five sacral vertebrae between the hip bones (S1 to S5), and four vertebrae that form the coccyx. By adulthood, the sacral and coccyx vertebrae have normally fused together.

Vertebrae are joined by ligaments on each side of the spine and separated by cartilage discs that absorb pressure as a person moves. Together these parts form the spine, a protective tube-like casing designed to protect the spinal cord. The spinal cord begins at the base of the brain and continues through to the L2 lumbar vertebrae. There it branches into a series of nerves that extend to the coccyx.

Spinal cord injury symptoms.

Injuries to the spinal cord, which are also called spinal lesions, may affect the functionality of multiple systems in the body, including:

  • Muscle movement.
  • Sensory issues.
  • The respiratory system.
  • The circulatory system.
  • The urinary tract and bowels.

The extent of the damage from the injury and the parts of the cord affected determine the severity, type of disability, and whether loss of physiological function is permanent.

Common symptoms indicating a possible spinal cord injury include:

  • Weakness in limbs.
  • Loss of sensation, numbness or tingling in limbs.
  • Loss of coordination and/or balance.
  • Severe neck or back pain.
  • Spasms.
  • Altered reflexes.
  • Incontinence.
  • Difficulty breathing.
  • Changes in sexual function.

Assessing injury severity.

Spinal cord injuries are categorized as complete or incomplete, depending on the loss of function. If all sensory and motor control function is lost, the injury is complete. If some function remains, the injury is incomplete. Approximately three out of five spinal cord injuries are considered incomplete.

Some common incomplete spinal injuries include:

  • Anterior cord syndrome - the injury is located at the front of the spinal cord and generally causes paralysis below the lesion (the neurological level of injury) and some sensory loss. This syndrome usually has the worst prognosis of incomplete injuries and is most likely to mirror complete injury.
  • Central cord syndrome - the injury is to the central spinal cord and tends to lead to loss of motor control, sensory deficits and bladder dysfunction. Usually there is greater loss of function in the arms and especially the hands as opposed to the legs. Prognosis is generally good but full recovery is rare. Recovery of some function in the legs is also significantly more likely than any recovery to arm function.
  • Brown-Sequard syndrome - the injury occurs on the left or right side of the cord. On the side of the injury weakness, paralysis or proprioceptive issues are likely. There tends to be sensory deficits on the opposite side. This syndrome has the best prognosis for full recovery.
  • Cauda Equina syndrome (CES)/Conus Medullaris Syndrome(CMS) - CES is a spinal compression injury that affects nerve roots in the lumbar area resulting in muscle weakness and sensory deficits but may not affect movement. CMS has similar symptoms and affects the sacral cord and lumbar nerve roots.
  • Posterior Cord syndrome - the injury occurs to the back of the spinal cord and results in poor coordination. Prognosis for recovery depends on the severity of the neurological deficit.

Complete spinal cord injuries result in paralysis and full loss of sensory messaging. A complete injury affecting the lower half of the body is called paraplegia. A complete injury affecting the entire body below the neck is called tetraplegia or quadriplegia.

Spinal cord injuries from motor vehicle accidents.

Whether a driver, passenger, cyclist or pedestrian, anyone involved in a motor vehicle accident can be at risk of a spinal cord injury. Collisions with other vehicles, other road users, or stationary objects are most likely to cause traumatic injury to the spinal cord. In the moments after such an accident it is important not to move a person with a potential spinal cord injury until medical responders arrive to assess the situation. Improper positioning of a person with such an injury could accidentally worsen the prognosis for recovery or cause permanent paralysis and complete injury.

Once an accident victim is in hospital, doctors will generally question the person (if they are able to respond) while conducting a physical exam. Further diagnostic imaging from X-rays, CT scans and MRIs can help to clarify where the damage to the spinal cord occurred and its extent.

The hours, days, weeks and even months following the accident can be an emotional rollercoaster as the prognosis for recovery and restored function becomes clear and as the injured person experiences life with a disability. The cost of rehabilitation, home renovations for accessibility, lost income and medical expenses and attendant care can be astronomical, and put even more strain on a person who is already facing a difficult time in their life.

Ontario’s Statutory Accident Benefits Schedule provides funds for accident victims to cover some of their expenses and losses. Spinal cord injuries usually do not fall under SABS’ Minor Injury Guideline. Rather the question becomes whether or not they will qualify as a catastrophic impairment. People with non-catastrophic injuries can access up to $65,000 for medical expenses, attendant care, income replacement, housekeeping services and assistive devices for up to five years. When a person is deemed to have a catastrophic injury, they are eligible for up to $1 million in benefits and compensation over a lifetime. Higher benefit limits are available to those who have purchased this optional increased coverage under their automobile insurance policies.

Help for catastrophic benefits denials.

The vast difference in funds available to accident victims who fall into these two categories ensures that insurers may try to deny top tier benefits to a person whose injury is not undeniably catastrophic. When you are already at a low point in your life and focussing all your energy on rehabilitation and recovery, just thinking about having to battle over insurance can be demoralizing and distressing. You should know that you are not alone in this fight. Gluckstein Personal Injury Lawyers’ catastrophic spinal cord injury team is here to help you with your claim in whatever way we can.

By choosing a skilled, experienced and knowledgeable spinal cord injury lawyer as your advocate, you can be confident that your legal representative understands how to build a strong case that will either encourage the insurer to offer a fair settlement or be very persuasive to a judge or jury in the unlikely event it goes to trial. The Gluckstein spinal cord injury team draws on our extensive network of medical specialists to provide expert opinions regarding the extent of your injury and your likely prognosis. Having handled hundreds of severe personal injury cases like yours, we have a proven record for results. We also only receive payment if we are successful in negotiating a settlement or winning a court award.

Consistently ranked by our legal profession peers as one of Canada’s top personal injury law firms, Gluckstein’s reputation for excellence is well known across Canada. Moreover, our reputation among current and past clients for providing compassionate full-circle care can help to reassure you that we always see you as more than a case.

We treat our clients as we would treat our own family both during and after any legal proceedings. We always put your best interests first in everything we do and work diligently to give you the comprehensive care and service you deserve. While we may first meet you during one of the worst periods of your life, we are determined to see you get what you need to live your best life.

Trust Gluckstein Lawyers to be your tireless and fierce advocate for justice. Our personal injury lawyers in Toronto, Ottawa, Niagara, and Barrie serve clients across Ontario and are here to work with you. Contact us for an initial no obligation, free consultation to learn more about what we can do for you.

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Spinal Cord Injury FAQs

What is Surveillance in Long-Term Disability Insurance?

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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How Much Money Can I Get From My Long-Term Disability Benefits?

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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Why Do Insurance Companies Deny LTD Claims?

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:

  1. 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.
  2. 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.
  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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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What Medical Conditions Qualify for Long-Term Disability?

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:

  1. Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.

  2. Mental Health Disorders: Including depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder (PTSD), schizophrenia, and other psychiatric conditions that impair daily functioning.

  3. Neurological Disorders: Such as multiple sclerosis (MS), Parkinson's disease, epilepsy, Alzheimer's disease, and other conditions affecting the brain and nervous system.

  4. Cardiovascular Disorders: Including heart disease, congestive heart failure, arrhythmias, and other cardiovascular conditions that impact physical functioning.
  5. Cancer: Various forms of cancer, including leukemia, lymphoma, breast cancer, lung cancer, and other malignancies that require extensive treatment and cause disability.
  6. Autoimmune Disorders: Such as lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, and other autoimmune conditions that result in chronic symptoms and limitations.
  7. Chronic Pain Syndromes: Conditions leading to persistent pain and discomfort, such as migraines, complex regional pain syndrome (CRPS), and neuropathic pain disorders.
  8. Respiratory Disorders: Including asthma, chronic obstructive pulmonary disease (COPD), emphysema, and other lung conditions that impact breathing and physical exertion.
  9. Endocrine Disorders: Such as diabetes, thyroid disorders, adrenal insufficiency, and hormonal imbalances that affect overall health and functioning.
  10. 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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Can You Dispute Your Denied Disability Claim?

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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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How Do I Appeal Long-Term Disability Denial?

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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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What Types of LTD Claims Can I Sue For?
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?

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?

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?

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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How do our spinal injury lawyers help accident victims?

Our spinal cord injury lawyers can help an injured party pursue compensation for the losses they've suffered. Gluckstein's catastrophic injury lawyers are experienced in navigating claims, calculating an injured person’s losses, and seeking compensation from at-fault parties, both in and out of court.

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How do I seek fair compensation after an automobile spinal cord injury?

Seeking compensation after a spinal cord injury often involves filing several insurance claims. If you or a loved one has suffered spinal cord damage in a car crash, you will need to file a claim through the Statutory Accident Benefit Schedule (SABS). The accident benefits system can provide direct compensation to injured accident victims for their economic losses, including lost wages, medical expenses, non-earner benefits, and caregiver benefits. 

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What are my rights if I've suffered a spinal cord injury as a result of another person's negligence?

Where spinal cord injuries are the result of another person’s actions, affected individuals have the right to seek compensation for their losses, including pain and suffering, the cost of past and future medical care, and income losses.

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What are the time limits on filing a catastrophic injury claim?

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?

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 benefits can I access if my injury is deemed catastrophic?

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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