People involved in serious accidents can be left with catastrophic, life-changing injuries. This can lead to a decline in the quality of life they were living, or restricting their abilities to function in daily activities. These injuries don’t just impact the victim; they can also have repercussions for the victim’s family. Aside from the pain of witnessing the suffering of a loved one, they might be required to step into a caregiving role. This could put the family under severe financial strain. As the pain and suffering are significantly higher in catastrophic injuries, the victim is entitled to receive much higher compensation compared to those who suffer minor injuries.

What is a Catastrophic Injury?

Since June 1, 2016, a Catastrophic Impairment has been defined to include 8 categories of impairments, which can be summarized as follows:

1. Paraplegia or tetraplegia
2. Severe impairment of ambulatory mobility or use of an arm or leg, or amputation of an arm or leg
3. Loss of vision of both eyes
4. If the person is over 18: traumatic brain injury, provided that the brain injury is confirmed by medical imaging and a Glascow Outcome Scale assessment determines that the injury results in one of the following ratings:
   1. Vegetative State, one month or more after the accident,
   2. Upper Severe Disability or Lower Severe Disability, six months or more after the accident, or
   3. Lower Moderate Disability, one year or more after the accident.
5. If the person is under 18 years of age: a traumatic brain injury, confirmed by medical imaging, and the person has been admitted into hospital, or, the person has severely impaired neurological functioning
6. A physical impairment or combination of physical impairments that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in 55 per cent or more physical impairment of the whole person.
7. A mental or behavioural impairment, excluding traumatic brain injury, determined in accordance with the rating methodology in the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 6th edition, 2008, that, when the impairment score is combined with a physical impairment described above results in 55 percent or more impairment of the whole person.
8. An impairment that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in a class 4 impairment (marked impairment) in three or more areas of function that precludes useful functioning or a class 5 impairment (extreme impairment) in one or more areas of function that precludes useful functioning, due to mental or behavioural disorder.

We at Pollack Tsimerman have extensive experience when it comes to dealing with catastrophic personal injury cases, especially in the province of Ontario. In times of significant stress and despair, you need a lawyer who can get you the compensation you deserve. Our hardworking team of lawyers is here to fight for you.