Personal Injury Lawyers

FAQs.

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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What are some signs and symptoms of severe head trauma?

Each brain injury is a unique event with its own set of effects, there are some common difficulties arising from severe head trauma, including:

• Headaches;
  
• Confusion;
  
• Lightheadedness;
  
• Full or partial paralysis;
  
• Dizziness;
  
• Blurred vision or tired eyes;
  
• Ringing in the ears;
  
• Bad taste in the mouth;
  
• Fatigue or lethargy;
  
• Changes in sleep patterns;
  
• Behavioural or mood changes;
  
• Trouble with memory, concentration, attention, or thinking;
  
• Repeated vomiting or nausea;
  
• Convulsions or seizures;
  
• Inability to awaken from sleep;
  
• Dilation of one or both pupils of the eyes;
  
• Slurred speech;
  
• Weakness or numbness in the extremities;
  
• Loss of coordination;
  
• Increased restlessness or agitation.

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What is the second thing I do if I sustained a traumatic brain injury?

If you suffered a traumatic brain injury (TBI) due to someone else’s careless or negligent behaviour, after getting medical attention your next priority should be contacting an experienced catastrophic injury lawyer.

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What is the first thing I should I do if I sustained a serious blow to the head during an accident?

Any accident involving a serious blow to the head should be enough to seek immediate medical care, even if you feel fine in the following hours or days. Damage to the brain does not always produce noticeable symptoms immediately, so it is best to let a medical professional evaluate your cognitive abilities and brain function after an accident.

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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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What can I expect from Gluckstein Personal Injury Lawyers?

With 60 years of experience helping personal injury victims and their families, Gluckstein Personal Injury Lawyers have earned our place as a Top 10 ranked personal injury law firm in Canada. If we take your case, it is because we believe that there is a reasonable chance that we can help you to receive financial compensation for your injuries or disabilities. Read our testimonials to learn more about our commitment to full-circle care and how we put our clients first.

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What does a personal injury lawyer do?

A personal injury lawyer provides legal services to victims who have suffered injury as a result of someone else’s negligent, intentional, or reckless conduct. These services can include representing you and your interests in settlement negotiations with the at-fault party’s insurance company, ensuring that your insurance company continues to provide you with disability benefits for as long as you are entitled to receive them, and, if necessary, representing you in court or other proceedings.

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Why do I need a personal injury lawyer?

When you've suffered a serious injury you may find yourself feeling confused, scared, or unsure of what to do. Regardless of how you were injured, an experienced personal injury lawyer can help answer many of the questions you may have.

Gluckstein Personal Injury Lawyers will listen to your story with great empathy and explain your rights and options. If you or a loved one were hurt in a motor vehicle accident, as a result of the negligence of a property owner, or by a medical professional, you may be eligible to make a claim for compensation and damages. Trust our team to help you make an informed decision about what to do next so you can move forward confidently.

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Should I talk to the insurance company before I talk to a lawyer?

It is in your best interest to talk to a lawyer first. A Personal Injury Lawyer will explain your rights and let you know what to expect from the insurance company. He or she will also speak to the insurance company on your behalf.

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What happens if, due to the injury, an injured person isn’t able to sign documents or make decisions?

If a person is seriously injured where they cannot make decisions, the family may make decisions on their behalf. A Personal Injury Lawyer at Gluckstein can assist you with the process of appointing a substitute decision maker for the injured person.

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I can’t work because of the accident. How will I pay medical bills and provide for my family?

A Personal Injury Lawyer from Gluckstein will help you understand your rights and the benefits you’re entitled to receive. Depending on your circumstances, there are benefits available to replace lost income, pay medical costs, rehabilitation costs, attendant care costs and pay childcare providers.

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What if the accident happened while I was working?

A Personal Injury Lawyer from Gluckstein will help you determine whether to pursue the claim through the insurance company or the Workplace Safety Insurance Board (WSIB).

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Will you continue to advocate for me and my family after the case has settled?

Our law firm will work to advocate for you for related-issues, even after the case has settled. We consider our relationships with our clients to last longer than just the span of their personal injury claims. If issues arise that we cannot assist with, we will work with our clients to ensure that we find someone who can.

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How are the fees and disbursements structured and does the firm have the resources to see the case through to the end?

Clients who have suffered Personal Injuries or illness are usually under great financial and emotional stress. We understand that legal fees are the last thing that they want to think about. In the majority of matters, we do not ask our clients to provide any upfront fees. We receive payment only when your case has settled, or you have been awarded money at trial. At your free initial consultation, you will be fully informed by our lawyers about our legal fees.

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Do the lawyers at Gluckstein Personal Injury Lawyers author articles and/or books?

Our personal injury lawyers frequently publish articles on legal topics of interest for the general public, our clients and other lawyers in the form of blog posts and other legal publications.

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Does Gluckstein Lawyers lecture on personal injury law, insurance law or advocacy?

Our personal injury lawyers regularly speak and present on substantive and topical issues relating to personal injury law, insurance law and advocacy generally, drawing directly on their wealth of experience.

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Do you have an in-house medical consultant involved with personal injury cases?

Dianne Henderson is a Registered Nurse and our in-house medical consultant. Gluckstein Personal Injury Lawyers’ priority is to ensure that our clients get the best treatment possible in order to maximize their recovery. Our in-house medical consultant is vital in the process as she is available to provide medical insight to our lawyers as well as advocating for, and coordinating with, the best medical care for our clients.

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Will Gluckstein Personal Injury Lawyers take cases to trial if a fair resolution cannot be negotiated?

Our team will ensure the best possible result for every client, whether that comes from a settlement or from a trial. If a client’s case cannot be fairly resolved through the negotiation process, at mediation or otherwise, our lawyers will advocate for fair compensation at trial. Gluckstein Personal Injury Lawyers has tried cases before judges, juries, arbitrators, and administrative panels around Ontario.

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Have you taken on cases like mine before? How many? What were their outcomes?

Our law firm focuses on all areas of plaintiff-side personal injury law and has a diverse team of lawyers who have the experience to assess and handle most types of claims. While no two cases are the same, chances are we have handled a similar case to yours.

If you have any questions about what we do, and whether we can help with your legal issues, contact us as soon as you can for a free consultation.

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Is Gluckstein Personal Injury Lawyers able to properly assess my injuries and legal issues?

Our lawyers and law clerks are pleased to meet with potential clients to learn more about their situation and to discuss legal rights and obligations. We use this information in combination with medical records to determine the issues in question and to assess the injuries. Our in-house medical consultant provides our firm with the medical expertise to assist our legal professionals in properly assessing our clients’ injuries and to help advocate for them.

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What are Gluckstein Personal Injury Lawyers’ areas of specialization?

We focus on a number of areas within personal injury litigation. Our specializations lie primarily within:

• Motor Vehicle Accident Law
• Medical Malpractice Law
• Birth Injury Law
• Long-Term Disability Law
• Brain Injury Law
• Spinal Cord Injury Law
• Wrongful Death Law
• Slip and Fall Injury Law
• Product Liability Law
• Class Action Law

Visit our Expertise page for more information regarding the subsections of personal injury law.

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When should I contact a lawyer?

You have two years in Ontario within which to bring a lawsuit for a personal injury claim. It is best to contact a lawyer early to ensure that proper steps are taken and that deadlines are not missed. You do not have to retain a lawyer right away, but it can be helpful for you to learn about your legal rights early.

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What am I entitled to?

If you or a loved one has suffered a personal injury, you may be entitled to damages for pain and suffering, loss of income, and cost of past and future care, to name a few. This varies from case to case and depends on a number of factors. Our lawyers will explain what you may be entitled to in your initial consultation.

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How much does it cost to hire a personal injury lawyer?

Generally, there are no costs to our personal injury clients throughout the course of litigation. Our law firm carries the cost of litigation and any disbursements. When your matter resolves either through settlement or at trial, our firm takes a portion of the settlement for fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation.

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What is personal injury law?

Personal injury is an area of law that deals primarily with negligence in tort law.  Personal injury law is comprised of different subsections of law, including:

• Motor Vehicle Accident Law
• Medical Malpractice Law
• Birth Injury Law
• Long-Term Disability Law
• Brain Injury Law
• Spinal Cord Injury Law
• Wrongful Death Law
• Slip and Fall Injury Law
• Product Liability Law
• Class Action Law

Visit our Expertise page for more information regarding the subsections of personal injury law.

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