Spinal Cord Injury and Permanent Disability Claims

Spinal cord injuries

A spinal cord injury damages the nerves that carry signals between the brain and the body. Injuries are often described as complete or incomplete, and by the level of the spine affected. Paraplegia affects the lower body; tetraplegia (quadriplegia) affects all four limbs. After a motor vehicle accident, paraplegia, tetraplegia and certain injuries that severely impair walking can meet the criteria for a catastrophic impairment under Ontario's accident benefits rules.

Permanent disability from other injuries

Permanent impairment can also follow fractures, amputations, nerve damage, chronic pain and brain injuries. In a claim against an at-fault driver, Ontario law generally requires a permanent serious impairment of an important physical, mental or psychological function, or permanent serious disfigurement, to recover damages for pain and suffering. The medical evidence on permanence is central.

What compensation can address

• Medical, rehabilitation and attendant care through accident benefits
• Home and vehicle modifications, mobility equipment and future care costs
• Past and future income loss and loss of earning capacity
• Housekeeping and caregiving help
• Pain and suffering, and family members' claims under the Family Law Act

If you also have disability insurance

Workplace or private disability coverage can interact with accident benefits and a tort claim. If a disability insurer denies or cuts off benefits, see long-term disability denials. We coordinate the claims so one does not undercut another.

Deadlines that apply

• Notify your own auto insurer within 7 days of a motor vehicle accident, and send the accident benefits application within 30 days of receiving the forms, or as soon as practicable.
• Most lawsuits must be started within 2 years of the date you knew or ought to have known of the claim (Limitations Act, 2002).
• Disputes over accident benefits generally go to the Licence Appeal Tribunal, which has its own time limits after a denial.
• Where a road defect or municipal maintenance is involved, written notice to the municipality is generally required within 10 days.

A late notice does not always end a claim, but it can create problems that are avoidable. Call early, even if you are still in treatment.

Fees

Injury consultations are free. Most injury files are handled on a contingency fee under a written agreement, explained before you sign. See how injury fees, costs and disbursements work.