Critical Injuries

Overview

Critical injuries are severe, life-altering and have major impacts on an individual’s daily functioning. These include injuries that significantly impair important bodily functions or cause substantial scarring and disfigurement. They often result in an inability to perform essential tasks of living such as personal care, childcare, housekeeping tasks and employment, and require a lifetime of ongoing medical care and financial assistance.  It is essential that an individual who has sustained a critical injury chooses a lawyer with specific knowledge and expertise in handling these complex claims.

Common Types Of Critical Injuries

The most common types of Critical Injuries include

  • Traumatic brain injury
  • Blindness or loss of vision
  • Loss of limbs and amputation
  • Spinal cord injuries
  • Multiple fractures
  • Significant psychiatric disorders

Causes of Critical Injuries

There are many incidents that can result in critical or catastrophic injuries. Some of the most common causes include

  • Motor vehicle collisions
  • Motorcycle collisions
  • Pedestrian-vehicle collisions
  • Bicycle-vehicle collisions
  • Slip and fall or trip and fall accidents
  • Medical malpractice
  • Workplace injuries
  • Product liability

Compensation Available for Critical Injuries

Those who are critically injured often require a lifetime of ongoing medical care and management. However, even in these most serious cases, significant physical and/or psychological improvement can be achieved with appropriate medical treatment and interventions. At QWK, our focus is always on ensuring our clients achieve the maximum recovery possible, both medically and financially.

Early treatment and medical management is essential to ensuring the best possible outcome. Our team is experienced in facilitating and obtaining compensation for all necessary medical treatment and care required. Similarly, an individual’s personal and family finances are often significantly compromised given the limitations on their ability to work. Fortunately, our experienced lawyers will be able to advance a number of claims on your behalf to ensure that you receive the maximum financial compensation available.

Tort Claim

If you have been injured and someone else is “at fault” for your injuries, you are entitled to recover damages or compensation from the at fault party. The injured party commences their claim for damages by suing the at fault party.

The types of compensation available to a critically injured person include

  • Pain and suffering and loss of enjoyment of life
  • Loss of past and future income
  • Past and future medical expenses
  • Costs of attendant care and future care
  • Family law award for loss of care, companionship and guidance for family members

Read More

To recover damages in a tort claim, you must prove that the defendant is at fault for your injuries and as well as establishing the severity of impact that your injuries have on your daily activities. Each case is unique, and the evidence required to prove a claim varies from case to case. Some common documentary evidence that is relied on includes: police notes, photographs, clinical notes and records of hospitals and family physicians, employment files, tax returns, prescription summaries and academic records. In addition to this documentary evidence, your testimony and statements from family members and other witnesses is often critical in advancing your claims. Your lawyer will be responsible for preserving evidence and compiling an evidentiary brief early on in your claim.

Automobile Insurance Benefits

If your injury was caused by a motor vehicle, you may recover additional financial compensation through Ontario’s “no-fault” accident benefits regime. Anyone who is involved in a motor vehicle accident in Ontario is entitled to make a claim for accident benefits through an insurance company. The benefits available are outlined under the Statutory Accident Benefits Schedule. These benefits are available regardless of whether you or another party are at fault for the motor vehicle accident.

The following accident benefits are available under the Statutory Accident Benefits Schedule.

  • Medical/rehabilitation benefits
  • Attendant care benefits
  • Income replacement benefits
  • Housekeeping and home maintenance benefits
  • Non-earner benefits
  • Caregiver benefits
  • Other expenses (i.e. lost education, visitor expenses, housekeeping and home maintenance, damaged clothing and other belongings, cost of examinations)

Read More

There are limits on the total amount of benefits payable depending on the severity of injury. For example, people who have suffered “minor” injuries have the lowest amount of medical funding available at $3,500.00, payable over 5 years. However, those who have suffered critical or “catastrophic” injuries may have up to $1,000,000.00 of combined medical and attendant care benefits available, payable for life.

Given the significant difference in potential benefits available between non-catastrophic and catastrophic claims, it is essential to retain a lawyer well versed in disputing catastrophic claims with accident benefit insurers.

We Are Here to Help,
No Matter the Problem.
Book a Free Consultation

What Our Clients Say