Catastrophic Injuries in Alberta

Catastrophic injuries are very serious injuries that impose lasting consequences. For legal purposes, catastrophic injuries are defined in Alberta as permanently damaging to the victim’s ability to work, go to school, or conduct the activities necessary for daily living. They may be both physical and mental in nature.

If you were employed when you were injured, it is important to explore any wage loss replacement benefits. Depending on how you were injured, you may be able to access a few different sources of financial support to cover these expenses: short-term disability (STD), long-term disability (LTD) insurance, federal employment insurance (EI), auto insurance, and workers’ compensation.

If you were hurt due to someone else’s wrongdoing or negligence, you may be able to recover compensation for the harm you suffered through a civil legal claim. In addition, a claim provides you with the means to hold the person or organization responsible for your injuries.

Assessing your Claim

Personal injury claims are meant to restore victims to the position they were in before suffering their injuries. Compensation generally consists of monetary payments. While money will never fully make it right, it is how our system works. Personal injury law attempts to do the impossible. There is no correct number for the loss of an eye, but there is a framework for assessing appropriate compensation:

1. Pain and suffering: this will depend on how the injury impacts your life. The courts have evaluated thousands of cases and will compare your experience with those other awards. Catastrophic claims are generally awarded between $200,000 to $350,000 in pain and suffering.
2. Past and Future Wage loss: being unable to work or attend training limits your current and future capacity to earn income. Your tax returns are key documents in this assessment, but your career trajectory will be taken into account.
3. Expenses: catastrophic injuries can demand vast resources for treatment and rehabilitation. Transportation to and from medical appointments, medication, housekeeping, counselling, and physical therapy are some examples of recoverable expenses.
4. In Trust awards: when your family helps with your care or chores you may be entitled to compensation for their generosity.
5. Future Care: your lawyer should get an opinion on your future care including treatment, medication, and help around the home.

Read on as we explore the definition and long-term effects of catastrophic injuries, the special damages potentially available in such claims, the importance of proving ongoing care needs, how insurers handle high-value claims, and the benefits of working with our Calgary catastrophic personal injury lawyers to pursue compensation.

Catastrophic Injuries and Their Long-Term Effects

Catastrophic injuries are severe injuries that result in permanent disability, and/or serious functional impairment. These injuries typically require extensive medical treatment, rehabilitation, and ongoing care. Alberta’s Minor Injury Regulation defines a “serious impairment” as an “impairment of a physical or cognitive function that results in a substantial inability to perform” any of the following:

• “essential tasks of the claimant’s regular employment, occupation or profession, despite reasonable efforts to accommodate the claimant’s (victim’s) impairment and the claimant’s reasonable efforts to use the accommodation to allow the claimant to continue the claimant’s employment, occupation or profession,”
• “essential tasks of the claimant’s training or education in a program or course that the claimant was enrolled in or had been accepted for enrolment in at the time of the accident, despite reasonable efforts to accommodate the claimant’s impairment and the claimant’s reasonable efforts to use the accommodation to allow the claimant to continue the claimant’s training or education”, or
• “normal activities of the claimant’s daily living.”

It is also necessary to show that the impairment has been ongoing since the accident and is not expected to improve substantially.

Common examples of catastrophic injuries include (but are not limited to):

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Paralysis or quadriplegia
• Amputations
• Severe burns
• Organ damage
• Loss of vision in both eyes

Such injuries could cause partial or total loss of mobility, loss of cognition (brain function), memory problems, difficulties with speech, tissue damage, and chronic health issues.

The long-term effects of catastrophic injuries extend beyond physical impairments. Victims often face emotional and psychological challenges, such as depression, anxiety, and post-traumatic stress disorder (PTSD). Additionally, the financial burden of medical expenses, lost income, and the need for continuing care may be extremely stressful for both you and your family.

A combination of disabling factors, such as spinal cord and organ damage, may qualify a person as seriously impaired. The impact of each factor is scored according to criteria such as those specified in the Alberta Permanent Clinical Impairment Guide. These scores are added together and, if they reach a certain threshold, usually about 55% impairment, the injured person is considered seriously impaired. Typically, such assessments are performed after an injured person has recovered to the fullest extent possible.

Special Damages in Catastrophic Injury Claims

In personal injury claims, damages are categorized into general and special damages. Special damages, also known as economic or pecuniary damages, are quantifiable financial losses that result from the injury.

With regards to catastrophic injuries, special damages may include (but are not limited to) lost (past) wages, loss of (future) earning capacity, medical expenses, home modifications, assistive devices, and transportation costs.

Special damages must be supported by documentation like medical bills, pay stubs, and receipts. An experienced Alberta personal injury lawyer from our firm can help gather and present this evidence to ensure that all relevant expenses are accounted for in the claim.

Additionally, our lawyers can help you estimate the value of your general or non-economic damages. These are intangible losses but are nonetheless very real. Some examples are pain and suffering, mental anguish, the impact on your relationships, and loss of ability to care for dependents.

Proving Ongoing Care Needs After a Catastrophic Accident

Proving your need for ongoing care is a critical component of a catastrophic injury claim. This involves demonstrating that you will require long-term medical treatment, rehabilitation, and support.

Some of the evidence you will want is medical documentation outlining the extent of your injuries, treatment already received, and prognosis. Long-term and short-term care plans from your doctor and other healthcare professionals can detail what treatments, medication, and other support you will need as time goes on.

Preszler can help you to collect this evidence. Our personal injury lawyers also have access to qualified medical experts who can help develop a robust case that accurately reflects the long-term impact of the injury.

How Insurers Handle High-Value Claims

Insurance companies often take a calculated approach to handling high-value claims, such as those involving catastrophic injuries. Their primary goal is to minimize their financial liability. Common responses from insurers to high-value claims include:

Disputing liability: Insurers may challenge who is at-fault for the injury, arguing the policyholder was not responsible or that the injured party shared some level of blame.

Downplaying the severity of injuries: Insurers may attempt to downplay the extent of the injuries or argue that they are primarily caused by pre-existing conditions. They may hire private investigators to follow you in hopes of turning up evidence to back up their arguments. They will look at your social media.

Offering low settlements early: Insurers may offer quick, lowball settlements with the hope that you accept less than what you deserve.

Delaying the claims process: Prolonging the resolution of a claim puts pressure on injured parties into accepting smaller settlements to avoid mighty legal battles or financial strain.

Understanding these strategies is essential for protecting your rights and ensuring you receive fair compensation. Working with a knowledgeable personal injury lawyer can help navigate these challenges and hold insurers accountable.

Working With a Catastrophic Injury Lawyer

Legal professionals have networks of experts such as medical professionals and accident reconstruction experts. Based on their assessments of the facts, these specialists can prepare reports and testify to the cause of your injury, how (and how much) your injury has limited your abilities, what treatments and rehabilitation you need to recover (to the greatest extent possible), and why another party should be held responsible.

Our catastrophic injury lawyers can gather and present the necessary evidence to support your claims, including medical records, expert testimony, and care plans. Experienced lawyers are skilled negotiators. We know what is fair and we can engage with insurance companies and opposing counsel to reach favourable settlements.

Almost all claims are settled without the need to go to trial. However, having a Calgary catastrophic injury lawyer prepared to take your case to court is invaluable. Our courtroom experience can make a significant difference in the outcome. For example, we can ensure that your evidence is presented according to court rules and procedures.

Do you have a Catastrophic Injury? Contact Us Today

Catastrophic injuries are life-changing events. They require careful legal consideration to ensure victims are taken care of during the process and fairly compensated at the conclusion. With the right support and guidance, victims of catastrophic injuries in Alberta are far more likely to achieve a fair resolution, enabling them to move forward with their lives with dignity. Our team of personal injury lawyers has successfully resolved thousands of clients’ claims, including many survivors of catastrophic injuries.

We offer free initial consultations to anyone who has been badly injured due to someone else’s fault and wants to explore the legal solutions available. We can give you advice tailored to your specific circumstances without any obligation. Our firm only takes clients on a contingency-fee basis, meaning you will not have to pay for any of our advice or other services unless we secure compensation for your losses.

Please call us at 1-888-494-7191 to book an appointment with our Calgary personal injury lawyers today.