A catastrophic injury can change a person’s independence, career, relationships, and future in an instant. Serious injuries may require extensive medical treatment, rehabilitation, personal assistance, and lifelong care.
Bogoroch & Associates LLP represents people who have suffered catastrophic injuries and their families throughout Toronto and Ontario. Our catastrophic injury lawyers handle complex claims involving severe and life-altering injuries, including traumatic brain injuries, spinal cord injuries, amputations, serious burns, and other permanent impairments.
We offer free consultations and act on a contingency fee basis, meaning there are no legal fees unless compensation is recovered.
Why Choose Bogoroch & Associates LLP for a Catastrophic Injury Claim?
Catastrophic injury claims can involve complex questions of liability, medical causation, insurance coverage, and future care. Properly assessing these cases requires a detailed understanding of the injured person’s medical condition and how the injury may affect their independence, employment, family life, and long-term needs.
Bogoroch & Associates LLP has decades of experience in serious personal injury and medical malpractice litigation.
Our catastrophic injury lawyers in Toronto work with qualified experts, including neurologists, rehabilitation specialists, life-care planners, vocational experts, and economists, where appropriate. We prepare cases thoroughly, negotiate with insurers and defence counsel, and are prepared to proceed to trial when necessary.
How Our Catastrophic Injury Lawyers in Toronto Can Help
Depending on the circumstances of your case, our catastrophic injury claims lawyers may:
- Investigate how the injury occurred;
- Identify the individuals, companies, or organizations that may be legally responsible;
- Obtain medical, employment, insurance, and accident records;
- Preserve and gather evidence relevant to liability and damages;
- Coordinate medical and other expert assessments;
- Assess future treatment, rehabilitation, attendant care, and other needs;
- Calculate past and future income and financial losses;
- Pursue available insurance and accident benefits;
- Negotiate with insurers and defence counsel; and
- Proceed to mediation or trial when necessary.
Our objective is to develop the evidence needed to establish both the cause of the injury and its full impact on the injured person’s future.
Catastrophic Injury Claims in Ontario
A catastrophic injury is generally understood as a severe injury that causes significant, lasting impairment and substantially affects a person’s ability to work, live independently, or carry out everyday activities.
In Ontario motor vehicle accident cases, however, catastrophic impairment has a specific legal meaning. The Statutory Accident Benefits Schedule (SABS) establishes criteria that must be satisfied before an injured person qualifies for a catastrophic impairment designation.
A catastrophic impairment designation can provide access to significantly greater accident benefits for eligible medical, rehabilitation, and attendant care expenses.
The legal meaning of catastrophic impairment under the SABS is therefore different from the way the term “catastrophic injury” may be used more generally in a personal injury lawsuit.
What Is a Catastrophic Injury?
A catastrophic injury is a severe, life-altering injury that may have profound and lasting consequences.
Depending on the nature of the injury, a person may require ongoing medical treatment, rehabilitation, personal or attendant care, mobility equipment, assistive technology, home or vehicle modifications, or other long-term support.
Some catastrophic injuries prevent a person from returning to their previous employment or living independently. Others may affect cognition, communication, mobility, behaviour, emotional functioning, or the ability to participate in family and community life.
Common Types of Catastrophic Injuries
Traumatic Brain Injuries
A serious traumatic brain injury can affect memory, concentration, judgment, behaviour, communication, mobility, emotional functioning, and independence. Some individuals require extensive rehabilitation and ongoing assistance with everyday activities.
Spinal Cord Injuries and Paralysis
Damage to the spinal cord may result in paraplegia, tetraplegia, chronic pain, loss of sensation, impaired mobility, and significant lifelong care needs.
Amputations
The loss of a limb can have lasting physical, psychological, vocational, and financial consequences. An injured person may require surgery, prosthetics, rehabilitation, mobility equipment, home modifications, and replacement prosthetic devices over their lifetime.
Severe Burns
Serious burn injuries may result in permanent scarring, nerve damage, restricted movement, chronic pain, repeated surgeries or procedures, and psychological injuries.
Multiple and Complex Fractures
Multiple or complex fractures can lead to chronic pain, reduced mobility, additional surgery, permanent functional limitations, and an inability to return to previous employment.
Vision Loss
Blindness or significant vision impairment can affect employment, mobility, independence, personal safety, and the ability to perform everyday activities.
Severe Psychological and Psychiatric Impairments
In some circumstances, severe psychological or psychiatric impairments may result in profound and lasting functional limitations. In motor vehicle accident cases, whether an impairment meets the legal test for catastrophic impairment depends on the applicable SABS criteria and supporting medical evidence.
Common Causes of Catastrophic Injuries
Catastrophic injuries can occur in many circumstances, including:
- Car and other motor vehicle accidents;
- Pedestrian accidents;
- Cycling accidents;
- Motorcycle accidents;
- Construction and workplace-related incidents;
- Unsafe property conditions;
- Defective products;
- Recreational accidents; and
- Medical negligence.
The legal issues and sources of compensation will depend on how the injury occurred.
Catastrophic Impairment Under Ontario’s SABS
For people injured in motor vehicle accidents, Ontario’s Statutory Accident Benefits Schedule establishes specific criteria for determining whether an impairment is catastrophic.
The applicable criteria depend on the nature and severity of the injuries and may involve conditions such as spinal cord injury, traumatic brain injury, amputation, loss of vision, severe physical impairment, or a combination of physical and psychological impairments.
A catastrophic impairment designation can significantly increase the accident benefits potentially available for eligible medical, rehabilitation, and attendant care expenses.
The amount of coverage available depends on factors that may include the applicable insurance policy, optional benefits purchased, the date and circumstances of the accident, and the injured person’s entitlement under the SABS.
Establishing catastrophic impairment generally requires detailed medical evidence and assessments by qualified healthcare professionals. The insurer may also require examinations as part of its assessment of the application.
Because the criteria are technical and the consequences of a catastrophic designation can be significant, obtaining legal advice early in the process can help an injured person understand the benefits and claims that may be available.
Do I Have a Catastrophic Injury Claim?
You may have a catastrophic injury claim if you suffered a serious injury because of another party’s negligence. Depending on how the injury occurred, your claim may involve a motor vehicle accident, unsafe property, a defective product, medical negligence, or another incident caused by someone else’s failure to take reasonable care.
Factors that may indicate a potential claim include:
- Your injury has caused permanent or long-term impairment;
- You require significant medical treatment, rehabilitation, or personal care;
- You are unable to return to work, or your ability to earn income has been reduced;
- You require assistance with everyday activities;
- You need mobility equipment, assistive devices, or modifications to your home or vehicle; or
- Your injury is expected to result in substantial future care or financial needs.
Having a severe injury does not, by itself, establish a legal claim. In most personal injury cases, it is also necessary to establish that another party was legally responsible for the injury and that their negligence caused or contributed to your losses.
For injuries arising from a motor vehicle accident, there is an additional distinction. You may have a personal injury claim even if you do not meet the SABS definition of “catastrophic impairment.” Conversely, qualifying for a catastrophic impairment designation relates to your entitlement to accident benefits and does not, by itself, establish liability in a lawsuit.
Because catastrophic injury cases can involve several potential claims and sources of compensation, a catastrophic injury lawyer in Toronto can review the circumstances of the injury, the available insurance coverage, and the medical evidence to determine what claims may be available.
How Do You Prove a Catastrophic Injury Claim?
A successful catastrophic injury lawsuit generally requires evidence establishing liability, causation, and damages.
Depending on the case, relevant evidence may include:
- Medical and hospital records;
- Diagnostic imaging;
- Expert medical reports;
- Witness statements;
- Police or incident reports;
- Photographs and video evidence;
- Employment and income records;
- Tax records;
- Rehabilitation assessments; and
- Evidence of future care and support needs.
In cases involving significant future needs, life-care planners and other rehabilitation experts may assess the cost of future treatment, therapy, equipment, attendant care, accessibility modifications, and housing needs.
Vocational and economic experts may also be retained to assess the effect of the injury on the person’s ability to work and their past and future income losses.
The objective is not simply to establish that a serious injury occurred. The evidence must also demonstrate the full impact of that injury and the losses it is expected to cause over the injured person’s lifetime.
Compensation for a Catastrophic Injury
There is no standard amount of compensation for a catastrophic injury. The value of a claim depends on the nature and severity of the injuries, prognosis, age and circumstances of the injured person, future care requirements, income losses, available insurance coverage, and supporting evidence.
Depending on the circumstances, compensation may include amounts for:
- Pain and suffering;
- Past and future income loss;
- Medical treatment and rehabilitation;
- Attendant and personal care;
- Assistive technology and mobility equipment;
- Home and vehicle modifications;
- Housekeeping and home maintenance needs;
- Future healthcare and care costs; and
- Eligible claims by family members under Ontario’s Family Law Act.
For someone with lifelong disabilities, accurately assessing future needs can be one of the most important parts of the claim. A settlement must account not only for present expenses but also for care, equipment, treatment, and financial losses that may continue for decades.
The Catastrophic Injury Claim Process
Every case is different, but a catastrophic injury claim may involve:
- An initial free consultation;
- Investigation of the accident or circumstances that caused the injury;
- Collection and review of medical and other relevant records;
- Medical, rehabilitation, vocational, and other expert assessments where appropriate;
- Assessment of current and future losses;
- Starting a lawsuit and, in motor vehicle cases, pursuing applicable accident benefits;
- Settlement negotiations and mediation; and
- Trial if a fair resolution cannot be reached.
Catastrophic injury cases can take time because the long-term effects of an injury may need to be understood before its full value can be properly assessed.
Frequently Asked Questions About Catastrophic Injury Claims
What qualifies as a catastrophic injury in Ontario?
In general terms, a catastrophic injury is a severe injury that causes permanent or long-term impairment.
For Ontario motor vehicle accident claims, “catastrophic impairment” has a specific legal definition. An injured person must satisfy one or more of the criteria established under Ontario’s Statutory Accident Benefits Schedule to receive a catastrophic impairment designation.
How is catastrophic impairment determined?
Catastrophic impairment is determined using medical evidence and, in the case of a car accident, the criteria prescribed by the SABS.
Qualified healthcare professionals may be required to assess the injured person and provide opinions about whether the applicable criteria have been met.
What compensation is available for a catastrophic injury?
Depending on the circumstances, a personal injury claim may include compensation for pain and suffering, income loss, rehabilitation, future care, attendant care, equipment, accessibility modifications, and other losses.
Certain family members may also have claims under Ontario’s Family Law Act.
In motor vehicle accident cases, statutory accident benefits may provide an additional source of funding for eligible expenses and losses.
Can I receive enhanced accident benefits if I am catastrophically impaired?
Potentially. A catastrophic impairment designation under the SABS can provide access to significantly greater medical, rehabilitation, and attendant care benefits.
The benefits available in a particular case depend on the applicable legislation, insurance policy, optional coverage, and circumstances of the accident.
How long do I have to file a catastrophic injury claim?
Ontario law imposes limitation periods and other deadlines on personal injury and insurance claims. Different deadlines may apply depending on how the injury occurred and the type of claim being pursued.
Because missing a limitation period or notice deadline can affect your legal rights, it is important to speak with a catastrophic injury claims lawyer as soon as possible after a serious injury.
How can a catastrophic injury lawyer in Toronto help?
A catastrophic injury lawyer in Toronto can investigate liability, preserve evidence, obtain medical and other records, retain appropriate and qualified experts, assess future care needs, deal with insurers and defence counsel, calculate financial losses, negotiate a settlement, and take the case to trial when necessary.
For injuries involving permanent disabilities or lifelong care, a lawyer can also help ensure that the claim considers future needs rather than focusing only on the immediate consequences of the accident.
Speak With a Catastrophic Injury Lawyer in Toronto
If you or a family member has suffered a severe or life-altering injury, Bogoroch & Associates LLP can help you understand your legal options.
Our catastrophic injury lawyers in Toronto represent clients in complex personal injury and medical malpractice claims throughout Ontario. We investigate the circumstances of the injury, work with qualified experts where appropriate, assess the financial and care needs resulting from the injury, and pursue compensation from those responsible.
Contact Bogoroch & Associates LLP for a free consultation about your catastrophic injury claim or call 416-599-1700.
We act on a contingency fee basis, meaning there are no legal fees unless compensation is recovered.
Serving Toronto and Communities Across Ontario
Our catastrophic injury, personal injury, and medical malpractice lawyers represent clients throughout Toronto, the Greater Toronto Area, and communities across Ontario, including Mississauga, Scarborough, Etobicoke, Vaughan, North York, York, Thunder Bay, Oakville, Burlington, Hamilton, Barrie, Sault Ste. Marie, Milton, Ottawa, London, Brampton, Windsor, Markham, Guelph, Oshawa, Kingston, Sudbury, Newmarket, Peterborough, Whitby, Sarnia, Georgetown, Orangeville, Woodstock, Cornwall, Lakefield, Bancroft, and North Bay.
