Champions With Heart.

No-Fault Benefits Versus Fault-Based Lawsuits (Tort Claim)

When you are a victim of an accident, the first question that comes to mind is usually “who is to blame?”  And if it appears that someone else is at fault, the next question is, “how will they be held liable?” 

Ontario has a No-Fault Benefits system, known as no-fault insurance to most, which is commonly misunderstood. Read on to understand No-Fault Benefits and how they differ from Fault-based lawsuits, otherwise known as Tort Claims.

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SPECT Scan as Evidence for Mild TBI Ruling

Accident victims who suffer catastrophic impairments can access greatly enhanced accident benefits funding, which in turn promotes higher value claims settlements. To be deemed catastrophically impaired under the criteria set out in the Statutory Accident Benefits Schedule (SABS), an accident victim with a Traumatic Brain Injury (TBI) requires objective evidence of the injury on diagnostic imaging, supported by expert medical opinions. This presents a challenge when the initial trauma results in a mild TBI (or concussion), because these injuries do not usually show up on standard imaging technology (x-ray, CT and MRI). Recently, however, scans taken with a newer technology called single-photon emission computerized tomography (SPECT) have been accepted by Ontario courts as an evidentiary tool for demonstrating mild TBI, although its use has been controversial.

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Old Personal Injury Case

Accident victims who suffer catastrophic impairments can access greatly enhanced accident benefits funding, which in turn promotes higher value claims settlements. To be deemed catastrophically impaired under the criteria set out in the Statutory Accident Benefits Schedule (SABS), an accident victim with a Traumatic Brain Injury (TBI) requires objective evidence of the injury on diagnostic imaging, supported by expert medical opinions. This presents a challenge when the initial trauma results in a mild TBI (or concussion), because these injuries do not usually show up on standard imaging technology (x-ray, CT and MRI). Recently, however, scans taken with a newer technology called single-photon emission computerized tomography (SPECT) have been accepted by Ontario courts as an evidentiary tool for demonstrating mild TBI, although its use has been controversial.

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