OCF-19 Catastrophic Claims
There are special legal connotations when injuries from a car accident are deemed to be “catastrophic“. This is a term of art; meaning the term “catastrophic” has a special legal meaning.
Catastrophic is defined under the insurance act as an injury which meets one of the following criteria:
- Paraplegia or Tetraplegia;
- Severe impairment of ambulatory mobility or use of an arm, or amputation;
- Loss of Vision of Both Eyes;
- Traumatic Brain Injury (applicant 18 years of age or older at the time of the accident);
- Traumatic Brain Injury (applicant under 18 years of age at the time of the accident);
- Physical Impairment or Combination of Physical Impairment which results in 55% or more of whole person (there are additional criteria which aren’t included in this instalment of the Toronto Injury Lawyer Blog);
- Mental or Behavioural Impairment, Excluding Traumatic Brain Injury, Combined with a Physical Impairment which results in 55 percent or more impairment of the whole person. (there are additional criteria which aren’t included in this instalment of the Toronto Injury Lawyer Blog); and/or
- A Class 4 impairment (marked impairment) in three or more areas of function that precludes useful functioning or a Class 5 impairment (extreme impairment) in one or more areas of functioning, due to mental or behavioural disorder (there are additional criteria which aren’t included in this instalment of the Toronto Injury Lawyer Blog).