How To Compensate An Accident Victim With A Severe Injury?

Personal injury lawyers have some clients that have been severely injured. The clients’ lawyers often describe such injuries as catastrophic. An attorney in Ontario might be asked to assist someone with a catastrophic injury.

Benefits provided to residents of Ontario that purchase automobile insurance:

• Monetary compensation for loss of earnings
• Money to cover the cost of medical expenses
• Money to cover the cost of rehabilitation
• Monetary compensation for attendant care
• Monetary compensation for miscellaneous expenses.

All of above benefits get paid to the policy holder, regardless of who has been found at-fault for a given accident. Each of the mentioned compensations belongs on a listing of Statutory Accident Benefits (SABs)

A benefit missing from the SABs

According to Ontario’s laws, an accident victim that files a SAB claim cannot get compensated for pain and suffering. Personal Injury Lawyer in Stouffville know that the value of benefits provided to a victim with catastrophic injuries shall be capped at $1,000,000. As most personal injury lawyers know, a payment of $1,000,000 will not cover all the expenses that must be made, in order to arrange for the care of someone with a catastrophic injury.

How can a lawyer help a resident of Ontario with a catastrophic injury?
A lawyer’s assistance might take the form of help with maximizing the benefits received through SAB. An attorney would understand how to take advantage of the availability of funds for miscellaneous expenses.

With an attorney’s assistance, a resident of Ontario that had sustained a catastrophic injury could seek compensation from the person that had been found “at-fault” for the injury-causing accident. In other words, that particular accident victim could sue the responsible party.

What would be the lawyer’s role?

Lawyers understand how to keep track of the passing of time, so that a lawsuit gets filed before the statute of limitations has run out.

One of the attorney’s tasks would concern the gathering of evidence. That would include the photographing of the scene of the collision and the damaged vehicle. It would also call for the interviewing of witnesses. Keep in mind the fact that the defendant’s defense team would be interviewing witnesses, as well.

One source of evidence that is not immediately available to the defense team is the plaintiff’s medical history. That can be used to show that the plaintiff was in good health up until the time of the collision. Such evidence helps to support a claim that the collision caused the plaintiff’s current medical problems.

In the case of a catastrophic injury, the lawyer’s client expects to encounter trouble obtaining and holding a job in the future. That fact highlights the plaintiff’s right to demand compensation for future earnings.