Catastrophic Car Accidents

• Are permanent or long-term
• Substantially impair one’s ability to live
• Render a person incapable of returning to work or capable of obtaining a livelihood
• Require extensive current treatment or rehabilitation

Examples of which are:

• Spinal cord injury (SCI) with partial or full paralysis
• Traumatic brain injury (TBI)
• Severe burns
• Amputations
• Loss of eyesight or hearing
• Multiple broken bones
• Emotional and psychological trauma caused by psychiatric treatment

In Ontario, Statutory Accident Benefits Schedule (SABS) regulates certain conditions in an attempt to make an injury “catastrophic” for the purpose of benefit to insurance.

The Most usual Causes of Catastrophic Injuries in Canada

Motor Vehicle Crashes

Transport Canada approximates that approximately 1,800 individuals are killed and more than 9,000 seriously injured in motor vehicle accidents yearly. Multi-vehicle crashes, rollover crashes, and speeding crashes are most likely to have serious injury as a consequence. A crash would be classified as catastrophic if paraplegia, quadriplegia, brain damage, or other specified-injuries according to the Ontario Insurance Act resulted from it.

Most common causes of accident

Distracted Driving

Texting or otherwise distracted driving raises one’s risk of a serious collision.

Texting drivers are estimated by TIRF Canada to be 23 times more likely to be involved in an accident.

Impaired Driving

Operating a vehicle after the use of alcohol or operating a vehicle while under the influence of alcohol is illegal in Canada. Around 500 are killed and 1,500 are injured every year as a result of impaired driving, as per MADD Canada.

Hazardous Road Conditions

Canadian winters are renowned for snow, ice, and bad roads. The CAA reports that nearly 30% of all accidents occur on snowy or icy roads. Freezing rain, black ice, and not plowed are among the most well-known causes of catastrophic outcomes.

Reckless or Negligent Driving

Speeding, inattentive driving, road rage, and street racing are among the leading causes of major accidents. Stunt driving in Ontario can lead to:

Fatigued and Tired Driving While Fatigued

Impairing driving ability to same extent as alcohol. Estimated by Transport Canada: 20% of accidents caused by fatigue. People at highest risk: shift workers, truckers with long-haul routes.

Defective Vehicles or Lack of Maintenance

Defective brakes, a blown tire, or defective steering assembly can result in fatal wrecks. The Canadian Motor Vehicle Safety Act requires recalling vehicles when a manufacturer finds an existing safety flaw.

Defective Road Design or Repair

Mismarked road defects on the highways, potholes, or inadequate lighting can cause wrecks. Since the government is liable for maintaining safe roads, the government may be held responsible.

What Kind of Compensation For a Catastrophic Injury

Canadian damages typically comprise two categories:

General Damages

These are not pecuniary damages and encompass:

• Physical and emotional distress in the nature of pain and suffering
• Inability to enjoy the family, sport, or hobby by way of loss of enjoyment of life
• Scarring or disfigurement – in particular facial disfigurement or burns

The Supreme Court of Canada set the threshold for general damages for pain and suffering at around $417,000 in 2024, after adjusting for inflation from the initial $100,000 threshold set in 1978 (Andrews v. Grand & Toy case).

Special Damages

They are measurable monetary losses:

• Past and future medical bills
• Rehabilitation and home modifications
• Loss of income and capacity to earn
• Care costs
• Damage to property (e.g., destroyed car)

Each case is different, and the overall value of compensation will vary based on the type of injury, prognosis, and effect on your career.

Evidence Required to Win a Claim

To have a strong case, you need to provide good evidence. This could be:

• Medical Records: Diagnosis, treatment plan, and expert opinion
• Accident Scene Photos or Video: Such as traffic cam or dashcam footage
• Witness Testimony: Of witnesses or relatives
• Financial Records: Tax slips, work history, and loss of wages
• Personal Diary: Daily journal of issues, symptoms, and how they are affecting your life

Time Limits for Making a Claim in Canada

In each province, including Ontario, you typically have two years from the date of injury to file a claim for personal injury (under the Limitations Act, 2002). There are exceptions, though:

Where there is an infant or person of unsound mind, time is longer.

Sometimes, naturally, there is the “rule of discovery,” i.e., the time since you discovered the injury and cause.

If you’re suing a province or city, you might have to provide notice between 60 and 10 days, depending on where you sue. Get an attorney as soon as you can so you don’t fall behind a deadline.

How Long Does It Take to Settle a Catastrophic Injury Claim?

They take anywhere from several months to two years to settle, depending on:

• The severity of your injuries
• Amount of time required for treatment and recovery
• Admission of liability by the other party
• Availability of medical or financial evidence
• Resolution through lawsuit if settlement is not feasible

Your representative will normally wait until your condition stabilizes (maximum medical improvement) before settling a claim for fair compensation.

Filing a Catastrophic Injury Claim in Canada

Being catastrophically injured is intimidating, but you don’t have to do it alone. We provide:

No-obligation, no-cost consultations

No Win, No Fee funding– You don’t pay anything if we lose and you receive no payout

A skilled team of personal injury specialists who are familiar with the ins and outs of dealing with catastrophic claims

If your accident was caused by the negligence of another person—like a car accident, factory accident, or medical mistake—contact us today to talk about your rights. We will walk you through each step and advocate for the payment that you are entitled to receive to rebuild your life.