Catastrophic Impairment

News & Analysis as of

Fund management expenses in catastrophic personal injuries cases – awards on top of awards?

The costs of managing awards of damages for catastrophic personal injury claims comprise one of the most significant heads of damage that a plaintiff is awarded. These costs often make up around 20% of the total award. ...more

Seeking compensation for catastrophic injuries

If you are an Alabama resident who has suffered a catastrophic injury, you may want to know more about the process for seeking compensation. Catastrophic injuries include such things as traumatic brain injuries and disabling...more

Retroactive Attendant Care Benefits

The recent decision in Kelly v. Guarantee Company of North America, FSCO A12-006663, (August 7, 2014), considered a claim for retroactive attendant care benefits under the Statutory Accident Benefits Schedule (SABS)....more

‘The dictates of justice’ – the key to seperate

The Supreme Court of New South Wales in Walsh v Walget Shire Council [2013] NSWSC 1434 recently rejected an application of a defendant to have a separate liability and quantum hearing in a catastrophic injury case. The...more

Insurer's request for Neuropsychological Assessment is reasonably necessary and fair

Two recent decisions from FSCO have found that an Insurer’s request for a neuropsychological assessment is reasonably necessary and fair. The factors to consider in making this determination include...more

Legal Clarification Of A Severe Or Catastrophic Injury

The physical, emotional and financial burdens of a severe or catastrophic injury are debilitating and life-changing....more

Helping You Help Your Patients: Learning about insurance issues in MVA cases

In This Presentation: - Motor Vehicle Accident Legislation - Tort Claims - Pecuniary Loss - Non-Pecuniary Losses - Threshold - Limitations - Statutory Accident...more

A summary of proposed changes to the definition of Catastrophic Impairment

Anyone injured in an auto accident is entitled to claim accident benefits to help pay for expensive therapies, rehab, personal care, and related treatments. The ability to advance a claim depends entirely on the severity of...more

Proposed Changes to Catastrophic Impairment Definition - A Timeline

Winter 2010/11 - The Superintendent of the Financial Services Commission of Ontario (FSCO), on his own initiative struck a committee made up of hand-picked medical experts with the request that they make recommendations to...more

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