Champions With Heart.

Mistake, Duress, Unconscionability: Can I Overturn A Bad Settlement?

Have you ever met someone who was in a car accident, settled his or her accident benefits claim or potential lawsuit but didn’t receive adequate compensation to cover ongoing medical treatment, lost time at work or personal or household assistance? Unfortunately, this happens far too frequently in Ontario- often, but not always, these accident victims are not represented by a lawyer, or by one who does not put their interest first.    

Read More about Mistake, Duress, Unconscionability: Can I Overturn A Bad Settlement?

How Local Grocery Shopping Can Dismantle Your Motor Vehicle Accident Case

If you have been seriously injured in a motor vehicle accident, it can be difficult performing routine tasks that you used to take for granted.  You may feel fatigued, frustrated and overwhelmed. At the same time your insurance company will be pressuring you to return to work and resume your daily activities.  

Read More about How Local Grocery Shopping Can Dismantle Your Motor Vehicle Accident Case

Accident Benefits Update: LAT Examines Glasgow Coma Scale As Category

In a recent decision of the Licence Appeal Tribunal, E.W. v Primmum Insurance Company, the applicant, E.W. had been seriously injured in a single vehicle collision while under the influence of alcohol.  He suffered extensive orthopedic injuries requiring ongoing rehabilitation to the point that he exhausted his monetary limits under the Statutory Accident Benefits Schedule (SABS).  As a result, he applied for a determination of Catastrophic Impairment (CAT), which if accepted, would provide greatly enhanced medical benefits.
Immediate grounds for a CAT determination exist where an insured suffers a brain impairment that results in a score of 9 or less on a test of cognition known as the Glasgow Coma Scale (GCS) within a reasonable time after the accident. E.W. based his CAT application entirely upon a GCS of 8T recorded immediately following his surgery.

Read More about Accident Benefits Update: LAT Examines Glasgow Coma Scale As Category

Accident Benefits Update FSCO- Clarifies CAT Marked Impairment Threshold

In O’Brien v State Farm Mutual Automobile Insurance Company, a recent FSCO arbitration decision, the Applicant, Erik O’Brien was seriously injured in a car accident on August 21, 2008.  Despite extensive rehabilitation, he continued to suffer from Chronic Pain Syndrome with related depression and fatigue issue.  To support his family, he returned to work on modified duties 6 months after the accident, and full-time after that.  However, he was unable to continue working approximately 2 years after his return to work.

Read More about Accident Benefits Update FSCO- Clarifies CAT Marked Impairment Threshold

Accident Benefits Update- LAT Considers CAT Based On Glasgow Coma Scale

A designation of catastrophic impairment (CAT) following a car accident provides an injury victim with access to greatly enhanced medical, rehabilitative and other benefits under the Statutory Accident Benefits Schedule (SABS).  There are several categories of impairment that qualify immediately as catastrophic, including a Glasgow Coma Scale (GCS) score of 9 or lower.

Read More about Accident Benefits Update- LAT Considers CAT Based On Glasgow Coma Scale