The recent court of appeal decision proves to be beneficial for both the accident victims as well as the Personal Injury Lawyer in Calgary that represent them. It gives them more time to claim benefits for catastrophic accidents. In fact, experts in the industry believe that this decision, as well as the detailed specifics of the case, will affect the personal injury system on the whole. Ideally, a person sustaining injuries that require hospitalization and surgery could use housekeeping and daycare and attendant benefits after the surgery that is available to non-catastrophically impaired victims. However, until now, these benefits are payable for 104 weeks.
Further care benefits
In case of a severe injury, the condition of the injured victim may decline after the stipulated two years, when these benefits may expire. Insurance companies may deny paying for such benefits after that time. It is this point that the Personal Injury Lawyer in Calgary uses to seek further attendant care, and housekeeping benefits from the insurers provided the victim is declared as catastrophically impaired by the doctor. It gave rise to a lot of debate, and the insurance companies stuck to their point that they are not liable to pay since the time limit has expired.
License Appeal Tribunal
In comes the License Appeal Tribunal or LAT that deals with accident benefits disputes of such kind. However, the Divisional Court took the side of the insurer, saying that the legislature has done an excellent job to provide a reasonable period through which such benefits should be offered, but the insurance companies are no longer obligated to provide the benefits after the time expires and should be summarily discharged. This is irrespective of the meritorious claims of the injured victims. This led the injured victims and the Personal Injury Lawyer in Calgary in a losing situation, before the Court of Appeal’s decision.
Access necessary benefits
The decision of the Court of Appeal has made it easy for the injured victims as well as the Personal Injury Lawyer in Calgary to access the benefits that were nearly impossible before to receive. This means that the injured victims will now not have to wait until the time he or she is diagnosed and confirmed to be catastrophically impaired. However, time may run out till the time such diagnosis is made, and the situation is ripe for applying for benefits. This time factor, as well as the CAT statutes, may deny the victim from gaining such benefits.
Benefits of the decision
The Court of Appeal’s decision has overturned the hard time limit that may bar the injured victims from claiming enhanced benefits. The decision ensures that this time limit for applying these accident benefits are determined based on discoverability and not based on the moment of the accident. All these mean that the personal injury lawyer will now not have to rush to apply for these catastrophic accident benefits for their clients who are yet to be diagnosed catastrophically impaired. It will also make the system more effective as well as reduce the overall costs. Visit Here: BILAB Personal Injury Lawyer
Further care benefits
In case of a severe injury, the condition of the injured victim may decline after the stipulated two years, when these benefits may expire. Insurance companies may deny paying for such benefits after that time. It is this point that the Personal Injury Lawyer in Calgary uses to seek further attendant care, and housekeeping benefits from the insurers provided the victim is declared as catastrophically impaired by the doctor. It gave rise to a lot of debate, and the insurance companies stuck to their point that they are not liable to pay since the time limit has expired.
License Appeal Tribunal
In comes the License Appeal Tribunal or LAT that deals with accident benefits disputes of such kind. However, the Divisional Court took the side of the insurer, saying that the legislature has done an excellent job to provide a reasonable period through which such benefits should be offered, but the insurance companies are no longer obligated to provide the benefits after the time expires and should be summarily discharged. This is irrespective of the meritorious claims of the injured victims. This led the injured victims and the Personal Injury Lawyer in Calgary in a losing situation, before the Court of Appeal’s decision.
Access necessary benefits
The decision of the Court of Appeal has made it easy for the injured victims as well as the Personal Injury Lawyer in Calgary to access the benefits that were nearly impossible before to receive. This means that the injured victims will now not have to wait until the time he or she is diagnosed and confirmed to be catastrophically impaired. However, time may run out till the time such diagnosis is made, and the situation is ripe for applying for benefits. This time factor, as well as the CAT statutes, may deny the victim from gaining such benefits.
Benefits of the decision
The Court of Appeal’s decision has overturned the hard time limit that may bar the injured victims from claiming enhanced benefits. The decision ensures that this time limit for applying these accident benefits are determined based on discoverability and not based on the moment of the accident. All these mean that the personal injury lawyer will now not have to rush to apply for these catastrophic accident benefits for their clients who are yet to be diagnosed catastrophically impaired. It will also make the system more effective as well as reduce the overall costs. Visit Here: BILAB Personal Injury Lawyer
