When catastrophic accidents happen and people are critically injured, they may be unable to make decisions regarding their legal rights and entitlements. However, they need funding to finance their medical and rehabilitation expenses, replace lost income and wages and compensate their families who are dependent on them. Initially, a family-member can represent the injured person, but afterwards, in such cases, a litigation guardian can be appointed to represent the victim and ensure that their rights are protected. When there is such a party who cannot represent himself or herself in the decision making process, the litigation guardian can do so. Litigation guardians don’t have to be lawyers. They are either family-members, friends or a trusted person, including lawyers, who can represent the person who cannot advocate their own cause.

If a litigation guardian is not appointed, it can result in the rights and interests of the injured person, child or person with mental disabilities being jeopardized. Without the presence of such a person, there could be unnecessary delays in pursuing a compensation claim. The Rules of Civil Procedure in Ontario deem that disabled persons cannot act for themselves – This refers to seriously injured people, children under 18 or persons with mental disabilities. Such persons may not be capable of making decisions regarding property, or property management, personal care, etc. Our experienced Brampton personal injury lawyers can ensure that litigation guardians are appointed, capacity assessments are undertaken and a robust claim is presented to get you the compensation you rightfully deserve.

If you or a dear one has suffered catastrophic injuries in an accident, it can result in long-term or permanent disabilities. This means you will need to address the physical, financial and emotional consequences that impact not only injured victims but also their families.

The patient has to get the right medical treatment, make the best possible recovery and also ensure that they are able to earn some kind of living to support themselves to a bigger or smaller extent. This entails filing for compensation from those responsible for your accident, ensuring that you get all the benefits and entitlements that you are eligible for and also get your life back on track as far as possible. To help with this, you need the advice, assistance and advocacy of an experienced personal injury lawyer.

Another professional who may be appointed by insurance-companies is a professional case manager. They should be involved from within the first 24 hours of the accidents for best results. This helps to maintain communication-lines between patient, family, care-giver, health-care professionals, insurers, etc. It also ensures that the most cost-effective care appropriate to the injuries is provided. The case manager helps with planning for hospital discharge, communicating with hospital staff and nursing teams, coordination with multi-disciplinary care, community and home-based reintegration, return to work or school, evaluations, tests and follow-up. In case of permanent disability, this involves home-health, lifetime-planning etc. The case manager is paid by the insurance-companies but the victim has a choice on the appointment of this person.