Intersection car accidents are common in Ontario cities such as Kingston, Ottawa and Whitby. Many intersection car accidents result in serious and catastrophic injuries. Part 1 of this article discussed one of those injuries, i.e.,brain injury or traumatic brain injury. Part 2 of this article will discuss the legal rights of the drivers/passengers who sustain brain injuries in intersection car accidents.
After a driver sustains a traumatic brain injury, he is entitled to receive accident benefits from his own car insurance company pursuant to Ontario’s auto insurance law. Some of the accident benefits include:
- medical and rehabilitation benefits,
- lost pay or income continuation benefits,
- caregiver benefits, and
• reimbursement for housekeeping and home maintenance.
One of the benefits that is crucial for individuals with brain injuries is the medical and rehabilitation benefit. This benefit pays for all reasonable and necessary medical and rehabilitation expenses that are not covered by a government health plan or a private health plan drivers may have.
The law determines the amount of medical and rehabilitation benefits injured drivers may receive depending on their injuries. There are 3 types of injuries as defined by the Statutory Accident Benefits Schedule (SABS):
- minor injury,
- non-minor injury, and
- catastrophic injury.
Brain injuries typically fall under non-minor injury or catastrophic injury. If a brain injury is considered a non-minor injury, the injured driver may receive up to $50,000 in medical and rehabilitation benefits.
If an injured driver’s injury falls under the catastrophic injury group, he may receive up to $1,000,000 of medical benefits. Whether a brain injury falls under the catastrophic injury group is determined by the Glasgow Coma Scale, a neurological scale. A driver with a brain injury is assessed according to this neurological scale, and depending on the outcome or score, he may be placed in the catastrophic injury category.
Filing a Lawsuit Against the At-Fault Driver
In addition to receiving accident benefits, the injured driver with a brain injury may also file a car accident lawsuit against the at-fault driver to recover non-economic damages such as pain and suffering.
The amount of compensation for pain and suffering an injured driver may receive depends on various factors. For example, how does the brain injury affect the injured individual’s ability to perform his job? Some individuals may not be able to return to their jobs after their brain injuries due to the cognitive demands of their jobs.
There are many factors that can affect the amount of pain and suffering compensation. Therefore, it is important to talk to an experienced catastrophic injury lawyer in Ontario who knows the various factors in order to help an injured individual obtain just financial compensation.
If you were injured in an intersection car accident in Kingston, Ottawa or Whitby and want to know your legal rights, call 1-866-384-5886 to schedule a free consultation.