Every individual in the Province of Ontario that is involved in a motor vehicle accident is entitled to accident benefits which could include weekly lost income benefits (IRBs), medical and rehabilitation benefits, personal care benefits (Attendant Care), non-earner benefits, lost tuition, and other various benefits. These benefits are available even if you are at fault for the accident. It is your right to speak to a lawyer and ensure you are receiving all the benefits you are entitled to and that you paid for prior to the accident. No-fault benefits are governed by statute, which means that you may be entitled to benefits by law. It is important to know what benefits you are entitled to and how to access your benefits if your insurance company denies you.
ACCIDENT BENEFITS: CRITICAL TIMELINES
In general, you have:
7 days to notify your insurer of your intention to apply for accident benefits
30 days to submit your Accident Benefits Application Package
2 years from a denial or reduction of a benefit to challenge an insurer’s decision
MINOR INJURY GUIDELINES (MIG)
Your insurance company may notify you that you only have access to $3,500.00 for all of your medical and rehabilitation treatment needs. Determining the funding available for medical treatment is not ultimately left to your insurance company and is a question of law that can be challenged at the Licence Appeal Tribunal. Despite the opinion of an insurance company, you may be entitled to medical and rehabilitation benefits of $65,000.00 or up to $2,000,000.00 if you meet the legal test of catastrophic impairment. If you are seriously injured and your injuries prevent you from returning to work and your insurance company has informed you that your injuries fall with the Minor Injury Guideline (MIG), contact Longo Lawyers for more information.
CATASTROPHIC IMPAIRMENT (CAT)
In some cases, a person’s physical and/or psychological injuries from an accident are classified as catastrophic. If your injury is classified as a catastrophic impairment, you will have access to significantly greater funding for your medical, rehabilitation and attendant care needs. Depending upon the date of your accident, you may be entitled to $1,000,000.00 or $2,000,000.00 in funding instead of $65,000. If you have been seriously injured and have not returned to work, let us meet with you and provide an opinion as to whether you are catastrophically injured. “Catastrophic impairment” is nothing more than a legal test and definition. Many individuals mistakenly believe they would have to have suffered amputations, serious brain injuries or serious spinal cord injuries to meet the definition of “catastrophic impairment”. It is simply untrue. Don’t let the word “catastrophic” lead you to the conclusion that you are not entitled to enhanced benefits when you may be entitled to those benefits. Fabio Longo and his team of accident benefits lawyers are recognized within the legal and medical professions for their work in the area of catastrophic impairment. For the last several years, Fabio has been a member of the teaching faculty of Canadian Society of Medical Evaluators, which provides the industry leading certification programming for medical assessors hired to determine if an individual has suffered catastrophic impairment. Fabio lectures medical assessors who are routinely hired by both lawyers and insurance companies to determine if an individual meets the legal test of catastrophic impairment. In addition to teaching the subject, Fabio has earned a great deal of experience trying these very cases. Through the course of several arbitrations involving catastrophic impairment and the AMA Guides, Fabio and his accident benefits legal team have established a strong litigation track record and very specialized knowledge in the area of catastrophic impairment. One of the leading cases defining catastrophic impairment for individuals that suffer psychological and chronic pain injuries was successfully argued by Fabio Longo, making catastrophic benefits more accessible to claimants. If you remain off work and you suffer from physical and psychological injuries, contact Longo Lawyers for more information.
Longo Lawyers provides experienced, dedicated legal counsel to residents in the greater Toronto area. Many of our legal services focus on personal injury legal services or medical negligence lawsuits. If you need a personal injury lawyer, we can help.
Personal Injury Legal Services
At Longo Lawyers, we regularly handle complex legal cases. Other law firms contact us to act as counsel or to otherwise assist in complex cases because we’ve proven our skills as diligent, proactive legal professionals. Our process combines our experienced team with collaborative processes. When it comes to these cases, we think outside to box to find the best solutions for your specific situation.
We have assisted clients with complex medical needs including brain injuries, spinal cord injuries, amputations, chronic pain, dog bites and psychological injuries. Below you can browse more types of cases we’ve handled and learn more about the process of personal injury claims. Especially with medical cases, we know that quick turnaround and attention to detail can make all the difference.
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If you need legal services, call us today at 416-800-4232 to request a free consultation. We can help you get the justice you deserve.