A catastrophic injury claim refers to a legal process in which an individual who has sustained a catastrophic injury seeks compensation for their losses and damages from the responsible party or parties. Catastrophic injuries are severe and often life-altering injuries that result in significant medical expenses, long-term or permanent disabilities, and substantial physical, emotional, and financial challenges. Catastrophic injuries can occur in various situations, including car accidents, motorcycle accidents, truck accidents, and other collisions that result in severe injuries such as traumatic brain injuries, spinal cord injuries, and amputations.
Catastrophic injury claims are complex and typically involve substantial damages, including medical expenses, ongoing rehabilitation costs, lost income or earning capacity, pain and suffering, and emotional distress. Due to the severity of these injuries, the compensation sought in catastrophic injury claims is often substantial to cover the long-term needs and financial burdens of the injured party. The goal of a catastrophic injury claim is to obtain fair compensation that can help the injured person receive the necessary medical care, support, and resources to maximize their quality of life and address their long-term needs.
In many cases, catastrophic injury determinations are made within the context of personal injury claims, insurance claims, or workers’ compensation claims. Here are some general steps and considerations involved in determining catastrophic injuries:
The Catastrophic Impairment Criterion 8 under the Statutory Accident Benefits Schedule (SABS) in Ontario, Canada, assesses an individual’s level of impairment in various domains of function to determine whether they meet the criteria for catastrophic impairment. These domains of function are used to evaluate the extent of an individual’s impairments resulting from a brain injury or a combination of brain injury and other impairments.
The domains of function used to determine catastrophic injury eligibility take into consideration the following aspects: