The spinal cord is a delicate link running from the brain to the lower body, essential for movement, sensation, and critical functions. When this nerve bundle is damaged, the impact can be severe and life altering. It is crucial to seek medical attention as soon as possible after an accident to assess and treat the injury as it may not always be immediately obvious. In this blog by Michael Connolly, he expands on the steps to take after an SCI and what compensation options are available to victims. 

What Are the Types of Spinal Cord Injuries?

There are four sections of the spinal cord: cervical, thoracic, lumbar and sacral. Each section of the spine protects different groups of nerves that control different parts body. The nature of the impairment or restrictions will depend on what part of the spinal cord is injured and the severity of the injury. 

Can Individuals WithSpinal Cord Injuries Qualify for Disability Benefits?

Spinal cord injuries can have profound impacts on someone’s ability to work and provide for themselves. However, there may be a variety of disability benefits that you may claim, depending on how your injury occurred. 

If you suffered a spinal cord injury as a result of a car accident, motorcycle accident, or if you were a pedestrian struck by a motor vehicle, you can claim income replacement benefits by filing an accident benefits claim with your auto insurance company. Income replacement benefits pay up to $400.00 per week for lost wages to those who meet the specific disability test. Click here to learn more about how to claim income replacement benefits.  

If you have a private Long-Term Disability Insurance (LTD) policy yourself or through your employer, you may file an LTD claim, regardless of how your spinal cord injury occurred. It is important to review each policy to determine coverage. The amount of LTD you can receive will depend on the policy wording; each LTD policy is different. Further, each LTD policy sets out a different “test” or “threshold” of disability that your spinal cord injury must meet in order for you to be eligible for LTD benefits. Generally, LTD insurance provides coverage for a broad range of medical conditions, primarily those related to physical injuries like spinal cord injuries (SCIs). 

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People with spinal cord injuries may also qualify for government disability benefits, such as Canada Pension Plan Disability and the Ontario Disability Support Program (ODSP). 

Under the Ontario Disability Support Program (ODSP), if you meet the requisite criteria, you can qualify for a monthly financial assistance program intended to help disabled Ontarians with the costs of their basic needs including food, clothes, and housing. To qualify for ODSP, you must:

• Be at least 18 years of age.
• Be an Ontario resident.
• Have assets no greater than the limits set out in the program.
• Be in financial need.
• Meet the program’s definition of a person with a disability or be a member of a prescribed class.

What Are My Options for Compensation?

It is important you contact a personal injury lawyer about your spinal cord injury to learn of your legal rights and possibilities for advancing a claim for compensation. Depending on how your spinal cord injury occurred, you be able to claim the following compensation against at-fault parties: 

Future Care Costs

Depending on the level of injury and corresponding functional limitations, those suffering from spinal cord injury may have extensive medical and rehabilitation needs such as:

• Complete assistance with activities of daily living, such as eating, dressing, bathing, and getting in or out of bed.
• Mobility aids and devices.
• Bowel and bladder supplies.
• Home and vehicle modifications.
• Services of rehab professionals such as physiotherapists, occupational therapists, and psychologists.

If you are successful in a personal injury lawsuit, you may claim the costs you have incurred for such expenses as well as the amount of such expenses you will need into the future. 

General Damages

General damages, or non-pecuniary damages, are intended to compensate you for the pain and suffering you endure now and will continue to face in the future due to your injuries. These damages address losses that aren't easily measured in monetary terms, including physical pain, emotional distress, physical impairment or disability, and a diminished quality of life.

The Supreme Court of Canada has  determined that as a matter of public policy there should be a limit to what people can possibly claim for their general damages. 

In 1978, the Supreme Court set out that $100,000 was the maximum one can claim for general damages in a personal injury lawsuit. However, courts continue to adjust this cap amount to account for inflation, meaning that the cap typically raises each year.

Resources for Recovery

Mayo Clinic 

National Institute of Neurological Disorders and Stroke 

Spinal Cord Injury Ontario 

Seeking Experienced Legal Representation for SCI 

A spinal cord injury can profoundly impact every facet of a person's life and that of their family. Beyond the physical pain, surgeries, and changes to daily living, the financial burden is substantial. Medical treatment, rehabilitation, and ongoing care can total millions of dollars. Therefore, it's essential to partner with a team of experienced lawyers who specialize in securing legal and medical support for victims of these severe injuries.

Our first step is to help in assembling, and finding funding for, a team of medical professionals to help you recover as best as possible. Then, with you, and experts, we contemplate all manner of services and devices that might improve the quality of your life.

Boland Romaine - Fearless Advocates in Court. 

our future is worth fighting for. We believe  that means not settling for anything less than what is the fairest result for you.. We have successfully prosecuted more than 20,000 claims on behalf of accident victims across Ontario since 1985 and have settled hundreds of millions of dollars for our clients. With over 40 years of trial experience, we understand the laws that affect your rights to compensation and will not stop building your case until we have obtained you a fair result..