The Licence Appeal Tribunal (LAT), and its prejudicial impact on the health and well-being of motor vehicle injury victims across Ontario, is now firmly entrenched.
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BY ALAN SHANOFF, TORONTO SUN FIRST POSTED:
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.
Mr. R, a 54-year-old father and grandfather, was advised to accept a $40K-$50K settlement for a motor vehicle accident that left him unable to work for several years. Moreover, the accident — in which Mr. R was an unwitting passenger — caused him significant mental distress.
Mr. R’s former lawyer had overlooked vital information, such as the fact that he hadn’t received a single cent in income replacement benefits for over four years. Additionally, nobody had accounted for the serious toll the accident had taken on his peace of mind.
Thankfully, before agreeing to the low settlement, Mr. R sought a second opinion from our knowledgeable and highly regarded team at Campisi Law.
Rather than taking the quick win, we relentlessly went beyond. What others viewed as the end of the line, we saw as a second chance to fight for what Mr. R actually deserved.
Read More about Uncovering the Unseen: How Campisi Law Turned a $40K Offer Into an $865K Future
Sam, a devoted retiree, found himself facing an unthinkable tragedy. A serious pedestrian accident in 2019 left him with significant injuries, and the subsequent loss of his wife created a perfect storm of physical and emotional trauma. Initial legal assessments suggested modest compensation. Campisi Law saw the complete picture and delivered justice that reflected his true losses.
Read More about From $85,000 to $750,000: How Thorough Investigation Changes Outcomes
