What injuries are deemed a catastrophic injury? What is the definition of a catastrophic injury? Well, it has changed and changed for the better…In an interesting case Pastore v. Aviva Canada, the Court of Appeal of Ontario ruled that an injured victim does not need to be markedly impaired in more than one area of life to be deemed “catastrophically impaired”. In this particular case, the injured party had been hit in a car accident in November 2002. As a result of the accident, her left ankle was broken and over time her ankle healed improperly. The injured victim had a number of surgeries and consequently, her right knee also required surgery due to the injuries in her ankle and the manner in which she now walked. As a result of these injuries, the victim became dependent on others for everyday activities she once was able to perform on her own. This dependency also affected the victim’s emotional and psychological well-being.
In May 2005, the victim Ms. Pastore applied to the Aviva insurance company to have her injuries deemed as a “catastrophic impairment” and it was determined that she had a catastrophic impairment: “mental or behavioural disorder.” It was deemed that Pastore had a class 4 or “marked impairment” due to her daily living and she was rated with an overall assessment of class 3, which is a moderate impairment. What this meant was that she was now meeting the threshold for a catastrophic impairment in one category. A catastrophic impairment designation requires impairment in all four categories. The case was brought to the Court of Appeal and it was there decided that Pastore’s position, according to the language in the Statutory Accident benefits did not require “marked impairments” in each of the four categories of a catastrophic impairment designation.
This is excellent news for Ontario accident victims. This decision allows for additional Ontario accident benefits for injured victims. We have many clients who thanks to this decision, will be able to receive the help and support they need. This is great news for Ontario accident victims and their families. Many accidents leave people with physical injuries, but also injuries such as chronic pain, and emotional and psychological impairments. Thanks to this decision, there will be increased benefits for people suffering from these impairments.
We are injury lawyers with a wealth of experience. Our lawyers work closely with you our clients to make sure no stone is unturned and that our clients receive all the support and compensation they need following an accident in Ontario. If you are injured, it’s important that you meet with an experienced lawyer who knows how best to help you. There is far too much at stake to be with the wrong lawyer. We pride ourselves on our high success rate, our experience and our valuable relationships with our clients. Your future and your family’s future is important and we understand that. We are here for you and with you every step of the way. Contact us for a free consultation. Visit www.ottawainjury.ca or email david@ottawainjury.ca
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