Articles Posted in Catastrophic Accident (CAT)

The July 1st Canada Day Long Weekend is fast approaching. People are excited to celebrate Canada Day.

Having practiced in the field of personal injury law in Ontario for over 2 decades, I can tell you that there are patterns for car accident cases.

Would it surprise you if I told that that our office sees a spike in car accident; and other accident related claims shortly after a long weekend? While I cannot single out the Canada Day Long Weekend in particular; what I can say is that we see a spike in accident calls shortly after a long weekend.

There are very good reasons for this.

For starters, many people are on the move over a long weekend. They are all out and about. Going on a trip, driving off to see friends, headed camping or to a beach to relax. Either way you slice it, more people are on the move over a long weekend, compared to a normal weekend.

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Car accidents happen. They are unpredictable and don’t discriminate based on age, gender, religion and socio-economic status. They happen to poor people, rich people, middle class people, retired people, disabled people and gainfully employed people. There isn’t any method to the selection of an accident victim. It’s completely random. Serious car accidents happen to good people who are simply in the wrong place, at the wrong time. They fall victim to fate, time and circumstance. Some accidents are avoidable. While others are not.

This Toronto Injury Lawyer Blog Post will tell the tale of Brian Goldfinger and the Catastrophic Car Accident.

The term “catastrophic” is a very important legal term when it comes to car accident law in the Province of Ontario. In plain English, “catastrophic” is a word used to describe sudden and very serious damage; as having a very significant impact.

But at law, the term “catastrophic” means something different altogether. Under the SABS and in the Insurance Act, the term “catastrophic” is used as a definer to establish an accident victim’s injuries are very serious. Being deemed “catastrophic” by your car insurer means that your injuries have met a medico-legal definition. Once that definition is met, the catastrophic car accident victim is entitled to a wider variety, and an greater amount of benefits then another accident victim whose injuries have not been deemed catastrophic. For example, a catastrophic accident victim is entitled to case management services. A non-catastrophic accident victim is not. A catastrophic accident victim is entitled to a combined attendant care and med/rehab limit of $1,000,000 for treatment and services deemed to be both reasonable and necessary. The limits for a non-catastrophic car accident victim are either $3,500 under the Minor Injury Guideline; or $65,000 under the regular guidelines.

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Winning a car accident case in Ontario is difficult.

It’s not enough to have been involved in a car accident, and that accident is not your fault.

A Plaintiff also has to establish injuries/damages. The Plaintiff must also establish that his/her damages are related to the subject car accident. This is called causation.

At the end of the day, these are called personal injury cases for a reason. There must be an injury, otherwise there will be no compensation.

What makes things particularly difficult in Ontario, is that regardless of fault, the injuries are subject to two giant legal hurdles meant to defeat the Plaintiff’s case and limits their recovery.

The first hurdle is the threshold. Your injuries need to defined as a serious and permanent impairment of an important bodily function. If the injuries are not permanent, then you get zero. If the injuries are not deemed serious, then you get zero. If the injury just lasted 8 months, and then you made a full or close to full recovery, the you get zero.

All of this seems unfair; and I agree with you if you feel this way.

The second hurdle is the deductible. The insurer is entitled to a secret credit on all damages for pain and suffering. The first $38,818.97 of your award vanishes! It’s credited directly to the insurer. Is that fair? No it’s not, but this is the laws that personal injury lawyers have to work with for car accident cases in Ontario.

What’s even more disturbing is that if it’s a jury trial, your personal injury lawyer cannot mention the concept of the threshold or deductible to the jury. If your personal injury lawyer mentions these concepts, the defendant insurer will likely move for a mistrial and seek their legal costs.

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Goldfinger Injury Lawyers represents clients who have sustained catastrophic injuries as a result of a serious motor vehicle collision.

The term “catastrophic” isn’t thrown around lightly by personal injury lawyers.

The term “catastrophic” has special legal meaning under the Insurance Act. It would be defined as a term of art which carries with it a special medico legal definition.

Under the Insurance Act, a “catastrophic injury” is defined as:

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