Amputation Lawyer Toronto

Experienced Amputation Lawyer Serving Toronto

Experience counts when you’re fighting for fair compensation after an amputation injury. Our firm’s founders, Aline Avanessy and Michael Giordano, have over a decade of legal experience and understand the complex rules and insurance policies that apply in these cases. If an insurer violates your rights or tries to pressure you into an unfair settlement, we’ll be ready to fight back on your behalf. 

It’s also crucial to hire a lawyer you can trust and who treats you with respect. Our boutique firm takes a limited caseload to give every case and client the attention they need and deserve. We pride ourselves on our customer service and ability to meet your needs in ways larger law firms can’t.

Finally, you want a lawyer who’s as invested in your case as you are. We don’t charge any upfront fees and only get paid when you recover compensation. This way, you can get the legal representation you need without adding to your financial burden.

Physical and Phycological Impact of Amputation

The physical and psychological impact of amputation injuries are substantial. Physically, people with amputation injuries may lose some or all of the function in the affected limb, keeping them from working or participating in certain activities. While prosthetics can help people with amputations regain function in their injured limb, prosthetics typically don’t replace the limb’s full function.

The psychological toll of an amputation can be equally severe. Without the ability to work or enjoy their favourite hobbies, many people with amputations suffer from depression, anxiety, and other mental health conditions. Similarly, many amputations happen in traumatic incidents, which can lead to post-traumatic stress disorder and related conditions. These conditions may last for the rest of the amputee’s life. Lastly, the financial stress that comes with an amputation injury can also hamper people’s quality of life.

Types of Amputation Injuries

An amputation can directly result from a traumatic injury, or it may result from surgery on an already-injured limb. The result is the same, as victims lose some or all of their injured limbs. Common types of amputation injuries include:

• Partial Foot Amputation – Removal of one or more toes or part of the foot
• Ankle Disarticulation – Amputation of the foot at the ankle joint, preserving the lower leg
• Transtibial Amputation – Removal of the lower leg below the knee, leaving the knee joint intact
• Knee Disarticulation – Amputation at the knee joint, removing the lower leg while preserving the thigh
• Transfemoral Amputation – Removal of the leg above the knee, meaning the amputee needs a prosthetic with a mechanical knee joint
• Finger Amputation – Removal of one or more fingers
• Partial Hand Amputation – Loss of part of the hand, such as multiple fingers or part of the palm
• Wrist Disarticulation – Amputation of the hand at the wrist, leaving the forearm intact
• Transradial Amputation – Removal of the arm below the elbow
• Elbow Disarticulation – Amputation at the elbow joint, preserving the upper arm
• Transhumeral Amputation – Removal of the arm above the elbow
• Shoulder Disarticulation – Amputation of the entire arm at the shoulder joint
• Forequarter Amputation – Removal of the entire arm, shoulder blade, and collarbone

Legal Steps to Take Following a Catastrophic Injury

Quick legal action is crucial for preserving your rights after an amputation injury in Toronto. Here are the legal steps to take once you’ve seen a doctor:

• Report the Accident – If you haven’t already, report the incident to the relevant authorities. If the injury happened at work, notify your employer right away. Missing legal deadlines could mean losing access to workers’ compensation benefits or other compensation.
• Follow Your Doctor’s Instructions – Follow all medical advice from your doctor or other healthcare providers. This is crucial for your health and shows the insurance companies you take your injury seriously.
• Document Everything You Can – Keep copies of medical records, accident reports, witness statements, and any correspondence related to your injury. These documents will help support your claim.
• Avoid Speaking with Insurance Adjusters Alone – Insurance companies will likely try to minimize your claim. Let your lawyer handle communication with the insurance companies to avoid saying or doing anything that might hurt your case.
• Consult a Personal Injury Lawyer – A Toronto amputation lawyer can review your case, explain your legal options, and handle negotiations with insurance companies or responsible parties.

The Role of an Amputation Lawyer in Toronto

An amputation lawyer in Toronto’s job is to explain the legal process, gather evidence, file the necessary claims forms, and represent you in settlement negotiations with insurance companies or other parties. Your lawyer can also document your injuries and represent you in court if necessary.

Filing an Amputation Claim

It’s essential to file an amputation injury claim immediately to preserve your right to compensation. For work-related injuries, you must report your injury to the Ontario Workplace Safety and Insurance Board within six months to preserve your benefits. If your injury occurred in a motor vehicle crash or other accident, the usual deadline to file a lawsuit is two years from the accident date.

Compensation Available for Victims of Amputation

The compensation you may recover depends on how the injury happened, the type of injury, and other factors specific to your situation. If you suffered the injury because of a motor vehicle accident, you may qualify for increased compensation under the Statutory Accident Benefits Schedule (SABS) of a standard Ontario auto insurance policy. The SABS says anyone who suffers a “catastrophic impairment” in an accident can receive up to $1 million (or more depending on the policy) in combined compensation for “medical, rehabilitation and attendant care benefits.” The SABS specifically lists arm amputations and trans-tibial or higher leg amputations in its definition of catastrophic impairments, so many Ontario residents with amputations likely qualify for these increased compensation limits.

Having said that, the cost of an amputation injury can easily exceed $1 million. Furthermore, not all amputation injuries meet the threshold for increased compensation. If your injury resulted from a vehicle accident, defective product, or hazard on someone’s property, you can file a personal injury claim to seek additional compensation, which could include money for:

• Uncovered medical expenses
• Lost income
• Reduced future earnings
• Pain and suffering
• Emotional distress
• Damaged personal property

Benefits for an Amputation

Ontario residents are covered by the Ontario Health Insurance Plan (OHIP). OHIP typically pays all or most of the cost of doctor’s visits, hospital stays, and other expenses associated with an amputation injury. However, OHIP only covers “medically necessary” services and doesn’t cover some non-routine visits to specialists. Unfortunately, many people with amputation injuries need specialized care for these injuries, and OHIP might not cover these expenses. 

Ontario and Toronto residents with amputation injuries who need prosthetic devices can also receive benefits through OHIP’s Assistive Device Program (ADP). The ADP covers 75 percent of the cost of “most equipment and supplies” that people with amputation injuries need to regain functionality in their injured limbs. However, high-end prosthetics can cost tens of thousands of dollars, and patients may also wish to have expensive equipment that the ADP doesn’t pay for.

Those who suffer work-related amputation injuries may qualify for benefits through the province’s Workplace Safety and Insurance Board (WSIB). If your employer is covered by the WSIB (most Ontario employers are), your benefits may include:

• Medical benefits – The WSIB covers the full cost of all approved treatments for your injuries, including doctor’s visits, prescription drugs, prosthetics, and more. However, you might face challenges from your employer or the WSIB over whether your treatments are necessary and qualify for WSIB reimbursement.
• Income replacement benefits – If your injury leaves you unable to work, whether permanently or temporarily, WSIB income replacement benefits provide up to 85 percent of your pre-injury income within statutory limits.
• Benefits for your non-economic losses – In cases involving permanent impairments, such as amputation injuries, WSIB benefits can include compensation for your non-economic losses. The amount of these benefits depends on your age and level of impairment.

How Our Toronto Amputation Lawyers Can Help

Our Toronto amputation lawyers can simplify your life during a difficult moment. We’ll draft and file legal motions, review any settlement offers you receive, and negotiate aggressively for the maximum compensation possible. If the other side won’t meet our demands, we won’t hesitate to take them to court.

Don’t wait to talk to a Toronto amputation lawyer about your case. Call Avanessy Giordano LLP now or complete our contact form for a free case review.