Toronto Car Accident Lawyers Handling Paralysis Injury Cases
We fight for the injured through the Greater Toronto Area
One of the most serious types of injuries that can happen in a car accident is an injury to the spinal cord. This can result in paralysis, leaving victims permanent disabled. If you suffered a paralysis injury in a crash caused by negligence, you deserve financial compensation. The experienced car accident lawyers at Smitiuch Injury Law can help.
Individuals who experience an injury that results in paralysis face a life-altering condition that will affect every aspect of their day-to-day living. Paralysis might come in the form of paraplegia, affecting the lower half of the body, or quadriplegia, affecting all four limbs and torso.
Here are some frequently asked questions about paralysis after a car accident:
- What types of paralysis can result from a car accident?
- What are common symptoms of paralysis caused by a car accident?
- What are the long-term effects of paralysis after a car accident?
- Who is responsible for paying for medical bills after a car accident that causes paralysis?
- Can I sue the at-fault driver for causing my paralysis in a car accident?
- How much money can I receive for paralysis caused by a car accident?
- What is the average settlement for a car accident resulting in paralysis?
- How do I pay for ongoing medical expenses and therapy for paralysis after a car accident?
- Can I receive compensation for pain and suffering if I was paralyzed in a car accident?
- What evidence is needed to prove my paralysis was caused by a car accident?
- What legal options do family members have if a loved one is paralyzed in a car accident?
- Does paralysis from a car accident qualify for disability benefits?
- How long do I have to file a lawsuit for a car accident that caused paralysis?
- How can a lawyer help with a paralysis injury claim for an Ontario car accident?
What types of paralysis can result from a car accident?
Car accidents sometimes cause serious spinal cord injuries that result in different types of paralysis. The type of paralysis often depends on the severity and location of the injury. Common types include:
- Paraplegia: Loss of movement and sensation in the lower body, typically caused by spinal cord injuries below the waist.
- Quadriplegia: Paralysis that affects both the upper and lower body, often resulting from damage to the upper spine.
- Partial paralysis: Some sensation or movement remains in the affected areas due to an incomplete spinal cord injury in which the spinal cord is partially severed.
- Localized paralysis: Specific areas of the body, such as one limb, are affected and cannot move depending on the location and severity of nerve damage.
Spinal cord injuries often occur due to the severe force of impact of a crash. The spinal cord gets compressed, torn or severed. If you experience any symptoms of paralysis after a car accident, seek immediate medical attention, then contact a lawyer at our law firm.
What are common symptoms of paralysis caused by a car accident?
Paralysis caused by a car accident typically results from damage to the spinal cord or nerves. Seek immediate medical attention if you experience any of the following warning signs of a paralysis injury:
- Loss of sensation: Numbness or tingling in specific areas of the body, such as the arms, legs, or torso.
- Loss of movement: Inability to move one or more parts of the body, ranging from partial weakness to complete immobility.
- Chronic pain: Severe pain in the neck, back, or affected limbs, often caused by nerve damage.
- Incontinence: Difficulty controlling bladder or bowel functions, which can indicate nerve damage.
- Difficulty breathing: Paralysis affecting the chest or diaphragm can lead to respiratory issues.
- Muscle spasms or weakness: Uncontrolled muscle movements or a noticeable reduction in muscle strength.
Symptoms can appear immediately after an accident or develop over time, depending on the severity and nature of the injury. Even if symptoms seem minor at first, delayed signs like increasing weakness or loss of coordination should not be ignored. Early diagnosis and treatment are essential for improving outcomes and addressing the long-term effects of paralysis.
What are the long-term effects of paralysis after a car accident?
The long-term effects of paralysis can impact every aspect of daily life, including physical health, mental well-being and financial stability.
- Physical challenges: Loss of mobility, muscle atrophy, and potential complications like infections, pressure sores, or respiratory issues.
- Emotional impacts: Many individuals suffer from depression, anxiety or feelings of isolation.
- Financial strain: The costs of medical care and rehabilitation combined with the loss of income in some cases can be overwhelming.
- Lifestyle adjustments: Paralysis often requires significant changes to living arrangements and daily routines to accommodate mobility limitations.
Understanding all the available resources and options is key to improving the quality of life after such a life-altering injury. A lawyer can help you learn more about these options and resources.
Who is responsible for paying for medical bills after a car accident that causes paralysis?
In Ontario, medical expenses after a car accident are often covered by accident benefits through your car insurance provider, regardless of who was at fault. These benefits can include coverage for hospital stays, rehabilitation and attendant care.
However, if another driver caused the accident, you may also be able to obtain financial compensation through a personal injury claim or lawsuit. Such claims can address expenses not covered by your insurance, such as future medical needs, lost wages and pain and suffering.
To make sure you get the compensation you deserve, it’s important to:
- Notify your insurance company immediately after an accident.
- Seek immediate medical attention so you have an official record of your injury.
- Gather evidence, including medical records and accident details.
At each step along the way, a lawyer who understands Ontario’s legal system help you demand the benefits and compensation you deserve.
Can I sue the at-fault driver for causing my paralysis in a car accident?
Yes, you can sue the at-fault driver if their negligence caused your paralysis. A personal injury lawsuit can allow you to seek compensation for financial losses such as medical expenses, lost income, pain and suffering, and future medical care needs.
In Ontario, proving negligence often involves demonstrating:
- The at-fault driver had a duty of care (for example, obeying traffic laws).
- They breached that duty through reckless or negligent behaviour, such as speeding or distracted driving.
- Their actions directly caused your injuries.
- You experienced specific financial losses.
A lawyer can help you build a strong legal case by collecting evidence such as police reports, witness statements, and medical records. Legal claims for paralysis injuries often involve significant compensation due to the lifelong impact these types of injuries can have. That’s why such cases are so important and often so challenging.
How much money can I receive for paralysis caused by a car accident?
There’s no single set dollar amount for car accident paralysis claims. Each case is different. The amount of money you could be eligible to receive will often depend on many different factors, including:
- Medical expenses: Coverage for current and future medical costs, such as hospital stays, surgeries, and rehabilitation.
- Lost income: Compensation for lost wages if you cannot work due to your injuries, as well as diminished earning capacity.
- Pain and suffering: Non-economic damages to address the physical pain and emotional trauma caused by paralysis.
- Home modifications and assistive devices: Costs for wheelchairs, ramps, or home renovations to accommodate mobility challenges.
In Ontario, there is no set formula for determining compensation. However, cases involving paralysis often result in substantial settlements or financial awards due to the lifelong impact of a paralysis injury. Working with a lawyer is critical for making sure you calculate how much you could be entitled to and then demanding the full amount.
What is the average settlement for a car accident resulting in paralysis?
There is no fixed “average” settlement for car accident cases involving paralysis in Ontario. Every case is unique and compensation can vary widely from one car crash to another. The amount of money awarded to injury victims often depends on various factors, including the severity of your injury, its long-term impact on your life and the specific financial losses you experienced.
Settlements often include compensation for:
- Economic damages: These often include medical bills, lost income and rehabilitation costs. These economic losses have a specific financial impact. For example, replacement income due to not being able to work for a defined period of time during your recovery.
- Non-economic damages: Examples include pain, suffering and diminished quality of life. Such expenses do not have a direct financial cost but can be just as real and important.
- Future expenses: These cover lifelong care needs, home modifications, and assistive devices. These expenses are common in car accident paralysis cases.
Because paralysis is a life-altering injury, settlements in these cases can range from hundreds of thousands to millions of dollars. A lawyer can review your case, estimate the financial impact of your accident, calculate your losses and work to obtain the full compensation you deserve.
How do I pay for ongoing medical expenses and therapy for paralysis after a car accident?
Paying for long-term medical expenses and therapy for paralysis can be challenging, but several funding options may be available in Ontario:
- Accident benefits: Your auto insurance policy may include statutory accident benefits, which can cover medical rehabilitation, attendant care and other medical expenses.
- Disability benefits: If you’re unable to work, short-term or long-term disability insurance through your employer or personal policy may provide financial assistance.
- Personal injury lawsuit: A claim against the at-fault driver may allow you to recover compensation for expenses not covered by insurance, such as future care needs.
- Ontario Health Insurance Plan (OHIP): While OHIP covers basic medical services, it does not cover extensive rehabilitation or assistive devices, which must be addressed through other compensation sources.
Planning for ongoing medical care after a car accident often requires accurately assessing anticipated future expenses and making sure you have the financial resources to address them. A lawyer can help you explore all your available funding options for ongoing medical care.
Can I receive compensation for pain and suffering if I was paralyzed in a car accident?
Yes, pain and suffering are considered non-economic damages, which is the legal term for compensation for financial losses that don’t have a specific dollar amount associated with them. In contrast, medical bills for a specific amount are called economic damages.
Depending on the circumstances of your car accident, you may be eligible for compensation for pain and suffering, as well as other non-economic damages, including physical pain, emotional distress, and loss of enjoyment of life caused by your injuries.
In Ontario, the amount awarded for pain and suffering is subject to a cap established by the Supreme Court of Canada. While the exact amount depends on the severity of your injury, paralysis cases often receive compensation close to the cap due to the profound impact on quality of life.
What evidence is needed to prove my paralysis was caused by a car accident?
In order to receive the maximum compensation you deserve for your paralysis injury, you often need strong evidence that clearly shows that your paralysis was caused by a car accident. Such evidence can include:
- Medical records: Documentation from doctors and medical specialists that detail the extent of your injuries and confirm they were caused by your accident.
- Accident reports: Police reports and accident scene investigations that establish the details of the crash and the at-fault driver’s role.
- Witness statements: Testimonies from people who saw the accident, which can support your version of events.
- Photographic evidence: Photos or videos (including traffic camera footage) of the accident scene, vehicle damage and visible injuries.
- Expert opinions: Medical and accident reconstruction experts can provide professional assessments to strengthen your case.
Collecting and organizing this evidence is critical to building a successful injury claim. A lawyer can guide you through this process and make sure nothing is overlooked.
What legal options do family members have if a loved one is paralyzed in a car accident?
Family members may have legal options if a loved one is paralyzed in a car accident. In Ontario, family members can file a claim under the Family Law Act for damages (financial losses) related to the injury’s impact on their lives. Financial compensation may include money for:
- Loss of care, guidance, and companionship: Financial acknowledgment of the emotional impact caused by the accident.
- Out-of-pocket expenses: Costs incurred while caring for the injured family member.
- Loss of income: Reduced earnings if a family member must stop working to provide in-home care.
Family claims are typically filed alongside the injured person’s personal injury claim. A lawyer can guide you through the process and make sure your family’s losses are properly accounted for.
Does paralysis from a car accident qualify for disability benefits?
Yes, paralysis from a car accident typically qualifies for disability benefits in Ontario. There are different types of benefits you may be eligible for:
- The Ontario Disability Support Program (ODSP) provides financial assistance for individuals with significant and ongoing disabilities.
- The Canada Pension Plan Disability (CPP-D): provides monthly payments for individuals unable to work due to a severe disability.
- Private disability insurance through your employer or personal policy may provide short-term or long-term support.
Eligibility for such compensation often requires detailed medical evidence proving the extent of your disability and its impact on your ability to work. A lawyer can help you navigate the application process to secure the benefits you deserve.
How long do I have to file a lawsuit for a car accident that caused paralysis?
In Ontario, you typically have two years from the date of the car accident to file a lawsuit. This deadline, known as the statute of limitations, applies to personal injury claims, including those involving paralysis.
However, some exceptions may extend or shorten this timeline. For example:
- If the injury involved a government entity, you may need to provide notice within 10 days.
- If the injured person is a minor, the two-year period may begin on their 18th birthday.
To protect your rights, it’s critical you act quickly. Delays in filing can make it harder to gather evidence or meet legal deadlines, which could potentially jeopardize your claim.
How can a lawyer help with a paralysis injury claim for an Ontario car accident?
A personal injury lawyer can play a vital role in pursuing compensation and making sure your paralysis injury claim or lawsuit receives the attention you rightfully deserve. Some of the different ways an Ontario car accident lawyer can help you include:
- Investigating the accident: Gathering evidence such as police reports, witness statements and medical records.
- Determining liability: Establishing fault by proving the at-fault driver’s negligence or reckless behaviour.
- Calculating damages: Determining your total current and future expenses related to the injury, including medical bills, lost income and non-economic damages such as pain and suffering.
- Negotiating with insurance companies: Making sure you receive a fair settlement that covers all your financial losses by working closely with all insurance companies involved in your car accident claim.
- Litigating if necessary: Representing you in court if a fair settlement cannot be reached and filing a car accident paralysis lawsuit on your behalf.
Don’t underestimate the complexity of your Ontario car accident paralysis case. Make sure you have an experienced lawyer on your side who knows the law and who can help you every step of the way after your accident.
Toronto car accident lawyers with the experience to move your case forward
In the early days following an injury, seeking and obtaining the right medical care is important. Our car accident lawyers can connect clients with the medical doctors, clinics and case managers who are able to work with them through the process of recovery and adjustment.
We take the legal burden of seeking compensation for your injuries out of your hands so you can focus on regaining your life. We can work to help you secure the benefits you require in the days following an initial injury, as well as the support you will need for the rest of your life.
A paralysis injury can have a devastating impact on victims and their families – physically, emotionally and financially. Our firm has been helping the injured in the GTA since our founding in 2001, and we are ready to help you. We understand what you are going through and we are dedicated to helping you get the best possible outcome in your case.
Our legal team investigates your car accident to find out what really happened. We know where to look for evidence that proves another driver’s negligence caused the crash. Our lawyers carefully review police reports and medical records. We interview witnesses, and, if needed, we consult accident reconstruction experts, medical specialists and other professionals.
Our “no win, no fee” promise – you pay nothing unless we get results
Insurance companies know that we build strong cases that they have to take seriously. They also know that their usual tactics to limit compensation won’t work with us. We are not afraid to take a case to trial. That’s why insurance companies often agree to negotiate a settlement with us. We’re only interested in a resolution of your case that meets your needs.
Our Toronto car accident lawyers understand that the high cost of fees can discourage individuals experiencing paralysis and other catastrophic injuries from seeking legal advice. That is why our initial consultations are free, and our fees are paid on a contingency basis. This means that we take a percentage of the money we recover for you, at the conclusion of your case. If we do not get you a settlement, you owe us nothing.
To speak with a car accident lawyer about your experience of paralysis and legal options for compensation, contact us to schedule a free case evaluation. We will review the details of your accident and listen to your concerns. We can answer any questions you have. Then we can go over your legal options, so you have the information you need to decide what to do next.
“Overall, our experience with Smitiuch Injury Law was positive, and we were satisfied with how they handled our family's legal matter.”
– Tej G.
★★★★★
