Updated October 3, 2023
Navigating the insurance claims process, including the Statutory Benefits Accident Schedule (SABS) challenges anyone outside the legal system. But recently there was a landmark decision worth revisiting because of the opportunity it represents for claimants who have suffered from catastrophic injuries that are being disputed by their insurance companies. Read More about Accident Victims: Get Your Own Medical Opinion
When you’re involved in a motor vehicle accident in Ontario, it’s crucial to be aware of your rights and the support available to you. Accident Benefits under the Statutory Accident Benefits Schedule (SABS) are a set of insurance benefits designed to provide financial and medical assistance to individuals injured in auto accidents. In this article, Campisi will explain the SABS in layman’s terms, explaining what it is, what it covers, explain minor injury guidelines, Examinations Under Oath, catastrophic impairment, optional benefits, and how to apply for Accident Benefits.
Read More about What are Statutory Accident Benefits (SABS)? A Layman’s Guide
When a child suffers a Traumatic Brain Injury, (TBI) the implications can be serious. Parents are extremely worried about the health and future well-being of their injured child, regardless of how severe the injury appears at the moment.
Accident victims who suffer catastrophic impairments can access greatly enhanced accident benefits funding, which in turn promotes higher value claims settlements. To be deemed catastrophically impaired under the criteria set out in the Statutory Accident Benefits Schedule (SABS), an accident victim with a Traumatic Brain Injury (TBI) requires objective evidence of the injury on diagnostic imaging, supported by expert medical opinions. This presents a challenge when the initial trauma results in a mild TBI (or concussion), because these injuries do not usually show up on standard imaging technology (x-ray, CT and MRI). Recently, however, scans taken with a newer technology called single-photon emission computerized tomography (SPECT) have been accepted by Ontario courts as an evidentiary tool for demonstrating mild TBI, although its use has been controversial.
Spinal cord injuries are among the most serious a person can suffer in a car accident and can cause life-altering impairments including paraplegia or tetraplegia. The victim receives extensive treatment, attendant care and other assistance during their recovery. Despite this assistance, however, many will experience permanent functional losses requiring ongoing support. In complex cases like these, the victim’s standard insurance coverage is usually inadequate and runs out early in their recovery. The auto insurer will only continue to provide funding if the victim’s spinal cord injury qualifies as a catastrophic impairment according to the criteria set out in the Statutory Accident Benefits Schedule (SABS).
Read More about Determining Catastrophic Impairment for Spinal Cord Injury Victims
“How much is my claim worth?” is one of the most common questions we receive from prospective clients. It would obviously be comforting for injury victims to know the amount they can expect at trial or in a negotiated settlement before they decide whether to start a lawsuit.
Read More about Factors In Determining Personal Injury Value
Nobody wants to contemplate a catastrophic injury, but unfortunately thousands of Ontarians every year are seriously injured in this way.
From a personal injury standpoint, Catastrophic Injuries or Impairments are a special classification of injury that often result in substantially larger settlements due to the life altering health effects and impact they have on an individual’s ability to support him or herself in the future.
Read More about Determining Catastrophic Impairment in Ontario
Ontario Lawsuits – What You Need to Know
Read More about Personal Injury Lawyer, Options & Lawsuits 411
You might only have a vague idea of what personal injury lawyers do for a living. “Go to court,” for example, or “fight the insurance companies,” might come to mind, and probably some version of, “No fees until you win!” It only matters when you have been in a car accident or suffered other serious injuries because of someone’s negligence (like the city, province, or a business or property owner). Then, you need to know which car accident lawyer you should hire, or who is the best personal injury lawyer.
