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Bogoroch & Associates

Anne-Merideth Barry
Summer Journal

Case Studies

We have many successful cases and decisions in which Bogoroch & Associates LLP principals appeared as counsel or co-counsel.

Please click on any of the links below to read more, or, watch video Testimonials from some of our many satisfied clients.

Motor Vehicle Accident | Medical Malpractice | Fibromyalgia | Long Term Disability | Personal Injury

Motor Vehicle Accident

Serious Injuries Sustained by Pedestrian in Motor Vehicle Accident 


The Annals of Law: Bogoroch & Associates

The Cause: Serious Injuries Sustained by Pedestrian in Motor Vehicle Accident
Date of Accident: June, 2008
Date of Closing: June, 2010 
Age of Victim: 43
Timeline: 3 years

It’s very frightening to think that an accident can change life so profoundly almost instantaneously. That is what happened to S.N. – and his family – after he was struck by a city bus.

Bogoroch & Associates took on the case and achieved a fair and reasonable settlement for S.N. and his family.

The Nature of the Case: S.N. was a very successful IT professional enjoying professional and family life to the fullest until one terrible day when everything changed permanently. S.N. was struck by a bus in the City of Toronto, sustaining catastrophic personal injuries as a result of the accident.

S.N. was rendered unconscious, suffered a fractured skull, right retinal detachment, optic nerve injuries, a left shoulder injury and a traumatic brain injury.

The myriad of injuries led to several long-term and ongoing medical issues. The injuries to S.N.’s eye, even after undergoing surgery, led to complete loss of vision in his right eye, rendering him legally blind.

Other bodily and sensory injuries included loss of hearing in his right ear, loss of taste and smell, scarring to his left leg and ongoing seizures.

S.N.’s brain injury rendered him severely cognitively impaired. Unable to work, S.N. would never resume his career as the Director of Information Technology at Mount Sanai Hospital. His wife was appointed as his Litigation Guardian as S.N. was no longer mentally competent and could not look after his own affairs. He required daily attendant care.

The Resolution: Bogoroch & Associates was hired on behalf of S.N., his wife, and his children, seeking damages under the Family Law Act. The case was approached from two sides; damages under a tort case and also accident benefits from the insurer.

The case was mediated after all of the medical evidence was gathered so the full extent of the permanent and ongoing injuries could be presented. The tort case was settled at the mediation and these funds were placed in a structured settlement for the family, to address ongoing expenses.

Accident Benefits were sought under the Insurance Act and a separate mediation was held with the insurers. Bogoroch & Associates clearly demonstrated through the medical evidence that S.N. had sustained a catastrophic impairment within the meaning of the Act. A structured settlement was agreed upon for S.N.’s future medical, rehabilitation, attendant care, housekeeping and home maintenance benefits with an additional amount allocated to S.N.’s wife and two children for future care and needs.

Nothing could replace what S.N. and his family lost during the events of that terrible day, however, care and worry about future financial stability was alleviated for S.N. and his family. S.N. and his family were able to move forward with rehabilitation and ongoing attendant care.

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Cataclysmic Injury Sustained in Motor Vehicle Accident


The Annals of Law: Bogoroch & Associates

The Cause: Cataclysmic Injury Sustained in Motor Vehicle Accident
Date of Accident: December 9, 2004
Date of Closing: March, 2008 
Age of Victim: 44
Timeline: 3 years, 3 months

In December of 2004, K.B., a husband and father of two children, was driving on the 401 Highway near Milton, Ontario, when his car was rear-ended by a tractor trailer. The accident rendered K.B. catastrophically injured.

Bogoroch & Associates were hired on K.B.’s behalf and achieved a multi-million settlement for K.B. and his family.

The Nature of the Case: K.B.’s car was struck from behind by a tractor trailer while travelling on the 401 near Milton, Ontario in December, 2004. The accident rendered K.B. catastrophically injured as defined under the Insurance Act.

After the accident, K.B. was unconscious and rendered comatose, sustaining a severe closed head injury with a Glasgow Coma Scale score of 4 (a neurological scale that aims to provide a reliable, objective assessment of recording a conscious state of an individual), intracerebral haemorrhaging, scalp and facial lacerations, a lung contusion and injuries to both arms.

K.B. was hospitalized for over 8 months and underwent intensive physical and cognitive therapy in an effort to improve his condition. Though the therapy led to some improvement, the injuries sustained rendered K.B. unable to walk or meet any of his own daily needs. The head injuries sustained completely impaired K.B.’s cognitive ability, so much so that K.B. could not remember or recognize his own family.

The Resolution: Bogoroch & Associates was hired on behalf of K.B., his wife – who became his Litigation Guardian, and children to work towards a settlement for both the tort damages under The Family Law Act and the accident benefits under The Insurance Act. All relevant medical records and history were gathered and expert evidence was sought from K.B.’s physicians and care givers.

The Bogoroch team:

  • Gathered medical evidence from experts
  • Valuated employment and quality of life losses
  • Considered the pain and suffering endured, as well as future pain and suffering
  • Valuated future care and ongoing daily attendant needs
     

A joint mediation was held for the tort and accident benefits and K.B.’s injuries were deemed to be catastrophic impairments under the Insurance Act.

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Bicyclist Paralyzed When Struck by Motor Vehicle


The Annals of Law: Bogoroch & Associates

The Cause: Bicyclist paralyzed when struck by Motor Vehicle
Date of Accident: April 25, 1999
Date of Instruction: May 9, 1999
Date of Closing: May 26, 2003
Timeline: 4 years

The Accident: K.R., a 42 year-old woman in the prime of her life and career, was struck while training on her racing bicycle. K.R., an elite triathlete was training when she was struck from behind by a driver asleep-at-the-wheel.

Unconscious after the accident and taken to hospital, she was diagnosed with a spinal injury, which would render her completely paralyzed beneath the waist – with not use of her legs, no genital sensation and no bowel movement and function.

The accident utterly changed K.R.’s life forever.

K.R., a mother of 2, successful family therapist, and office manager at her husband’s dental practice was rendered paralyzed, dealing with pain and adjusting to a new life without use of her legs.

The driver of the motor vehicle was clearly liable after falling asleep at the wheel, and was also criminally responsible and was incarcerated after being convicted of dangerous driving causing bodily harm.

Though the accident was over, the battle with insurance providers had just begun. The insurer of the driver of the motor vehicle denied any coverage given the circumstances of the accident. K.R.’s insurance provider had to be pursued in the matter.

The Resolution: Bogoroch & Associates were hired by K.R. to take on her case and fight the insurance companies on her behalf, and that of her husband and 2 children.

Evidence about the accident was compiled and examined. The resulting injuries were also examined in depth, and K.R. was sent to medical experts, physio and occupational therapists, as well as pain management counseling. The injuries were treated, where possible, and the extent of the injuries documented.

Once a loving and supportive wife and capable employee, K.R. could no longer engage in family or working life, and all athletic activities that had at one time provided such enjoyment and health, ended. Chronic and severe pain became the norm.

The case proceeded to a lengthy mediation lasting nine hours. The various insurance companies discussed the issues and evidence, but could not come to an agreement with regard to a reasonable and just settlement.

Bogoroch & Associates determined a new and different solution to the dilemma – the team approached each defense insurance provider separately to negotiate each settlement in isolation of each other.

The approach was very successful. The monies were put into a structured settlement plan so that K.R. and her family could maximize the benefit of the investment, and move forward. K.R. would have the peace of mind of knowing that her care, and that of her family was assured for the remainder of her life.

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Pedestrian Struck at Crosswalk by Motor Vehicle Suffers Severe Brain Damage


The Annals of Law: Bogoroch & Associates

The Cause: Pedestrian struck at crosswalk by Motor Vehicle suffers severe brain damage
Date of Accident: December 16, 1997
Date of Closing: March 19, 2001
Timeline: 3 years, 2 months

The Accident: T.R., a youthful 58 year-old woman, was struck by a car when crossing the road at a pedestrian crosswalk. The accident completely altered T.R.’s life, causing severe brain damage, and loss of cognitive function.

Prior to the accident, T.R. was an active person; a loving mother to her children, and a dedicated employee working 15 years as a garment worker.

Immediately following the accident, T.R. was rendered unconscious in hospital for an entire month. Once she was conscious, she was transferred and admitted to the Toronto Rehabilitation Institute where she underwent the Acquired Brain Injury Program. Despite extensive rehabilitation, T.R. was permanently disabled with massive cognitive deficits.

The accident left T.R. utterly changed, in need of constant ongoing care and supervision – unable to comprehend or make decisions for herself, let alone care and nurture her family or return to work she enjoyed. T.R.’s daughter, M. was appointed to act on her mother’s behalf.

The Resolution: Bogoroch & Associates were engaged to fight this case on behalf of T.R. Liability was not an issue – as T.R. was legally and safely crossing at a pedestrian crosswalk, the driver of the motor vehicle that struck her was completely to blame and totally responsible for the accident.

Medical evidence was obtained to fully outline and document the short and long-term effects of the accident and brain trauma experts were engaged to chart out the impairments and possible treatments – if any.

The driver’s insurance company requested documentation from and Occupational Therapist and a Psychologist. Bogoroch & Associates sought additional views from Occupational Therapists as to the nature of ongoing home care, which would be required for T.R. Accountants developed a report to outline the value, or valuation of T.R.’s claim.

Bogoroch & Associates even sought out the driver’s cellphone records to determine if she had been using her cell when the accident occurred, explaining the admission in discovery that she had been distracted and had turned her head when she struck T.R.

The case proceeded to mediation where a settlement over a million dollars was reached after much debate and an impasse. The offer was less than what Bogoroch & Associates thought reasonable, and Richard Bogoroch advised the family to move on to court, however, the family wanted an end to the stressful legal process and address the ongoing needs of their mother.

Despite genuine and earnest advice from the team at Bogoroch & Associates, the family determined to take the settlement as offered. To achieve even greater compensation the law office changed the agreed upon fee so that the family could have even greater settlement funds.

Bogoroch & Associates fought the lengthy case from all angles:

  1. Sought out information in discoveries about the driver’s cellphone use even where the driver was completely liable having hit T.R. in a pedestrian crosswalk.
     
  2. Ensured that expert evidence and reports were developed, to compare with those of the driver’s insurance company.
     
  3. Engaged in a lengthy and difficult mediation, whereby Richard Bogoroch vehemently contested lower settlements.
     
  4. Bogoroch & Associates lowered their fee to make an offer viable for the family, and putting, for the family, a much desired end to the legal process.
     

Bogoroch & Associates were determined to move through the hurdles necessary to reach a fair settlement, and actually advised the client not to settle. Richard Bogoroch was willing to continue through mediation or through the courts to deliver what was rightful for T.R. to receive ongoing treatment and care, and live a comfortable life.

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Child Suffers Brain Damage and Permanent Disabilities from Car Accident 


The Annals of Law: Bogoroch & Associates

The Cause: Child Suffers Brain Damage and Permanent Disabilities from Car Accident
Date of Accident: November 21, 1997
Date of Closing: August 2, 2002
Age of Victim: 4
Timeline: 4 years, 3 months

The Accident: K.R. was 4 and one half years old when he was driving in the front seat of his father’s pick-up truck, and his father crossed the solid yellow centre line and collided with another vehicle. The driver of the other vehicle was killed, and K.R. was severely injured during the accident.

K.R.’s father was found to be wholly liable for the accident and he was tried and convicted, for 18 months, of dangerous driving causing death. The driver of the oncoming vehicle had died and K.R. was left with multiple injuries.

K.R. was not in a proper car seat for his height and weight (50 lbs) at the time of the accident, but was instead, seat belted. Immediately after the accident, K.R. was in and out of consciousness.

K.R. had suffered a severe closed head injury with intra-ventricular hemorrhaging and diffuse brain edema. He spent over two months in the hospital, undergoing several surgeries including the insertion of a ventricular atrial shunt in his brain.

The shunt in his brain would also inhibit his activity – K.R. could no longer participate in sports or play on any schoolyard or the jungle gym apparatus. Despite extensive and ongoing rehabilitation and therapy, K.R. demanded constant care from his family – most often his mother. Therapy continued as well under the auspices of a Physiotherapist and Occupational Therapist.

K.R. suffered from a swallowing disorder, and required constant supervision, especially when eating. K.R.’s mother would go to his school to monitor him during breaks and lunch, and other teachers and supervisors aided in his recovery. K.R. was rendered disabled for one year and five months and had to use a wheelchair during that time. He lost a great deal of his full range of body motion.

The Resolution: Bogoroch & Associates assisted K.R. through the difficult challenges of alleviating his enormous future financial burdens, while also helping K.R. cope with the fact that his father had caused the accident.

A statement of claim was issued by K.R. and his mother against the father, as well as the estate of the deceased driver. Medical records were gathered, as were expert diagnosis regarding the amount of future care K.R. would require. K.R.’s insurance company also sought out their own, independent medical records and valuations.
An accounting was taken of the cost of care and future obligations for K.R., including the loss of earnings in K.R.’s adult years. An Occupational Therapist also gathered evidence and information about future care and needs. K.R. would not be able to drive, and his impaired cognitive abilities would impede his ability to work and lead a normal, healthy life.

A mediation was held. A major challenge in the mediation was the insurance policy limit of one million dollars to be shared between the defendants. The defendants in the case were:

  1. K.R.’s mother
  2. Family of the deceased driver
     

The R family insurance provider also attended (though was not named in the suit) so a settlement might be reasonably met.

Bogoroch & Associates leading the process:

  • Medical review
  • Gathering of evidence
  • Mediation
  • Settlement negotiation
  • Claiming close to maximum allowed
     

The mediation was successful. K.R. received a fair and reasonable settlement in addition to costs. A settlement for accident benefits was also reached. K.R. was able to move on with his life and try to further overcome the effects of the accident – and for his family, without worrying about legal actions and future finances.

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Pedestrian Struck by Motor Vehicle, Causing Long-Term Disability


The Annals of Law: Bogoroch & Associates

The Cause: Pedestrian struck by Motor Vehicle, causing Long-Term Disability
Date of Accident: December 27, 1998
Date of Instruction: November 8, 2000
Date of Closing: May 14, 2003
Timeline: 2 years, 6 months

The Accident: P.D., a 37 year-old man, was struck by a vehicle at a distance from an intersection. The driver stated that P.D. was not seen, it was too late to stop and an accident was unavoidable. When the car hit P.D., he landed on the windshield, but was thrown to the road as the driver braked to stop the car.

P.D. had been in stable employment as a dairy manager in a large grocery store for 15 years, but as a result of the accident found himself completely disabled and unable to continue working. He was no longer able to perform his duties at the store.

P.D. sought out legal advice from another lawyer, who advised him that his claim against the insurance company was hardly worth anything.

After the accident, P.D.’s insurance company would not pay for any rehabilitation, prescriptions, or home care needs, and would not accept his claim that he was unable to work.

In fact, P.D.’s injuries were numerous and varied. He was in constant pain. His head, back, knee and ankle caused suffering literally from head to toe. Along with the pain, he suffered frequent dizziness, insomnia, anxiety, depression and memory loss. P.D. had no recollection of the accident which had caused this drastic and chronic pain.

To facilitate any kind of travel as well as independence, P.D. had to purchase a motorized scooter, and when he walked even short distances had to use two canes to support his weight.

After seeking out legal advice from one lawyer, P.D. came to Bogoroch & Associates who saw the full potential of the case and agreed that greater compensation could be achieved.

The Resolution: Bogoroch & Associates launched a tort claim against the driver of the vehicle for the extensive damages suffered by P.D. Lawsuits were launched against the insurance companies who were denying P.D. rightful, statutory benefits and disability benefits.

Thorough investigations were completed to gather the evidence of witnesses from the scene of the accident, as well as police reports.

P.D. began the long road of rehabilitation, which required the involvement and knowledge of many medical experts including psychiatrists, neurologists, psychotherapists, pain specialists and physiotherapists. Each of these experts provided Bogoroch & Associates with invaluable information regarding the nature of each and every injury P.D. had sustained. A vocational assessment provided information regarding P.D.’s future ability to work, and occupational therapists assessed future medical expenses that would be required for P.D. to receive adequate care throughout his life.

Despite evidence pointing to the contrary, the insurance company continued to fight P.D.’s claim – even though their own vocational assessor agreed that P.D. would encounter difficulty finding future employment given the severity of his injuries.

Bogoroch & Associates fought the case on 3 sides:

  1. The driver’s insurance company was made to pay for expenses due to the accident such as medical bills, prescriptions, and home care
     
  2. The driver’s insurance company was also pursued for the medical care P.D. would require throughout his life
     
  3. P.D. was insured as a long-term employee and his future lost income was pursued
     

Bogoroch & Associates finalized all 3 cases within 2 years and 6 months, and P.D., achieving a settlement significantly higher than the amount the first lawyer had estimated. P.D. was able to move forward with his life knowing that he could pay for his ongoing medical bills, as well as his daily activities and upkeep. Future financial security had been attained.

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Hairstylist Suffers Chronic Pain From Motorcycle Accident


The Annals of Law: Bogoroch & Associates

The Cause: Hairstylist suffers chronic pain from motorcycle accident
Date of Accident: July 2009
Date of Instruction: Late 2010
Date of Closing: December 2011
Timeline: 2 years 5 months

The Accident: In July 2009, our client, Ms. G.C., was injured in a motorcycle accident in Toronto. She was going straight through an intersection when the Defendant tort feasor made a left hand turn in front of her causing her to fly over her motorcycle and collide into his car. Miraculously, the only injury she sustained was a broken shoulder. She did not require surgery and after being treated and released the same day from the hospital, she was sent home.

Ms. G.C. is a leading hair stylist. She is excellent at what she does and has a devoted clientele. She missed approximately 2 months from work but then returned to work on reduced and modified duties. Ultimately she returned to work full time about 6 months after the accident.

At the mediation in December 2011, two years and four months after the accident, this case was settled for a fair and reasonable amount. Despite the fact that Ms. G.C. returned to work full time, she, at the peak of her career, cannot work the additional hours that she would have liked to work but for the accident.

Despite the fact that she did not undergo surgery but she was left with residual pain in her shoulder and back which limited her from her activities and prevented her from working the extra hours that she would undoubtedly work, the settlement that Richard Bogoroch and Yoni Silberman achieved was outstanding.

The Resolution: Bogoroch & Associates cases move very quickly. Most cases can be resolved within three years from the date of the accident provided that the physicians and other treating experts are in a position to provide a prognosis, a prediction about the future. Most soft tissue cases should be settled within three years of the accident which is still an awfully long time for an injured victim to be subjected to the stress and strain of litigation. At Bogoroch & Associates we start our cases quickly by issuing a Statement of Claim, arranging prompt Examinations for Discovery and generally a mediation within a year after the discovery so that all undertakings and additional information required by the other side is provided.

In this particular case, our firm was retained shortly after the accident. This is what we did:

  • Issued the Statement of Claim within three months;
  • Arranged the Examinations for Discovery for late 2010; and
  • Arranged a mediation for 2011. 
     

During that time, we continued to obtain updated reports from the treating doctors and specialists to whom the client was referred. We arranged, within 9 months of the accident, for our client to see a chronic pain specialist and an orthopaedic surgeon. In addition, we had accounting information prepared documenting the additional losses sustained by our client. The client Ms. G.C. was unable, as I indicated earlier to work the same extent that she was working before. The settlement included an amount for pain and suffering damages (we negotiated around the deductible) as well as housekeeping.

Lessons to be Learned: This case is instructive as it indicates to anyone reading this case study that through prompt attention to our client’s needs and a determination to promptly move the case forward through the legal process, we enabled our client to obtain a fair settlement in a very reasonable amount of time.

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Motorcyclist Severely Injured by Motor Vehicle


The Annals of Law: Bogoroch & Associates

The Cause: Motorcyclist Severely Injured by Motor Vehicle
Date of Accident: November 27, 1999
Date of Instruction: April 5, 2000
Date of Closing: September 19, 2002
Timeline: 2 years, 5 months

The Accident: J.B. 40 years of age, was struck on his motorcycle by a car making a left hand turn. The driver admitted sole liability in the matter after being charged under the Highway Traffic Act for the accident.

J.B. was rendered seriously injured by the accident. He suffered permanent scars on his face, shoulders, leg and knee. Pain rendered him anxious, irritable, and chronically depressed with impaired memory, concentration and slower intelligence than prior to the accident.

J.B. had been an energetic, athletic person, being educated as a computer network technician but his life was put on hold as a result of the accident. He underwent several surgical procedures to repair damage to his knee, leg and shoulder. During the process, J.B. developed a pain disorder, and an adjustment disorder leaving him anxious and chronically depressed. He could not cope with lost memory, anger, impaired concentration and slowness.

J.B.’s life and future were uncertain.

After the accident, J.B. was offered a settlement of in the amount of tens of thousands of dollars. Bogoroch & Associates advised against that settlement, realizing the full value of the claim against the defendant.

When the case was finalized, Bogoroch & Associates had achieved a settlement in the amount of hundreds of thousands for J.B.’s pain and suffering.

The Resolution: Bogoroch & Associates assessed in short and long term, the injuries sustained by J.B. He agreed to undergo extensive psychology assessments, orthopedic surgery and physiotherapy follow-up.

Bogoroch and Associates with all of the physicians involved created the extensive files on J.B.’s ongoing care and therapy needs. What was the total cost of J.B.’s loss of future employment from the injuries sustained in the accident?

J.B. visited with an Occupational Therapist to assess and document the value of future care and what would be involved on a day to day basis to care for J.B.’s ongoing injuries.

Bogoroch & Associates Process:

  • Discoveries were held
  • assembled medical records
  • obtained expert opinions
  • documented witness accounts
  • valued future care and therapy
  • valued lost employment
  • valued future opportunity costs
  • case moved to Mediation
  • settled after Mediation
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Motor Vehicle Accident Causing Death of Infant Son


The Annals of Law: Bogoroch & Associates

The Cause: Motor Vehicle Accident Causing Death of Infant Son
Date of Incident: September 30, 1995
Date of Closing: September 15, 2000
Timeline: 4 years, 11 months

The Family: The P. family’s vehicle was struck from behind, killing their infant son D. and injuring two other minor children A. and B. A.’s face was cut during the accident, which resulted in a permanent facial scar, and B. broke his arm. The parents F. and L. both suffered neck and back injuries.

The death of their youngest son D. understandably led to extraordinary shock and grief for the parents. Both were diagnosed with post-traumatic stress disorder, and had great difficulty managing their day-to-day lives.

Too young to understand the full implications of their loss at the time of the accident, siblings A. (aged 4 at the time of the accident) and B. (aged 6) would grow up without a beloved brother.

Bogoroch & Associates: The experienced team at Bogoroch & Associates understood that while the P. family was injured and suffering both physical and psychological wounds, the case needed to move forward.

Though a cash settlement, no matter what the amount could never replace their son or take away their grief, they were entitled to compensation for their suffering.

The Resolution: Bogoroch & Associates sought two sources of compensation:

1. A civil case against the driver for a personal injury claim for 4 types of damages:

  • death, pain and suffering of the surviving family members, and loss of enjoyment of life
  • loss of income
  • future care expenses
  • out of pocket expenses
     

2. Accident benefits were sought from the offending driver’s insurance company.

How the case was settled: Bogoroch & Associates obtained all relevant medical reports from doctors treating the P. family, which clearly determined that the each member of the family had sufferedphysical and psychological damage from the accident.

  1. The civil case: The defendant in the case (the other driver) had already admitted liability for the accident. Once all of the documentation was prepared, the case proceeded to a pre-trial conference, whereby a Judge delivers an opinion on the case before it proceeds to a court of law. The Judge, in this instance, agreed with Bogoroch & Associates and a considerable settlement was determined.
     
  2. Accident benefits were settled, ensuring that the P. family’s medical expenses and any lost income would be covered.
     

Bogoroch and Associates guided the family through a most difficult time with professionalism and care, and pursued the case to ensure that those accountable for the accident would acknowledge guilt, and provide appropriate compensation to the accident victims.

No amount of compensation can alleviate emotional and psychological trauma. But when the P. family was in need, Bogoroch and Associates organized the case, answered all of the family’s questions about the law, providing the support and structure to put the family on a stronger and lasting financial foundation.

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Husband and Wife Seriously Injured as Passengers


The Annals of Law: Bogoroch & Associates

The Cause: Husband and Wife Seriously Injured as Passengers
Date of Accident: September 6, 1997
Date of Closing: August 1, 2000
Age of Victim: Both 61
Timeline: 1 year, 9 months

The Accident: Two passengers, D. and E., sustained serious injuries as passengers in a vehicle struck by another vehicle making an illegal turn into a driveway.

D’s Injuries: D. was in the front seat when the accident occurred, and as a result of the collision suffered a hip injury, which led to the development of a vascular necrosis requiring a total hip arthroplasty. The hip pain led to lower back pain and pain with his right leg and foot.

Prior to the accident D. had worked as a Sales Manager for a transport company, and when the company downsized in 1996, D. took early retirement. At the time of the accident, D. had been actively looking for employment and had been undertaking interviews. D. enjoyed working and had planned on working for many more years.

Those hopes of future employment were destroyed after the accident. D. had become depressed, could no longer enjoy sleep and was diagnosed with post traumatic stress disorder.

E.F.’s Injuries: E.F. was also severely injured during the collision, though her impairments arose from cognitive injuries. She suffered from both amnesia and short-term memory loss and became forgetful, anxious and had difficulty concentrating.

E.F. had held long-term employment as an Administrator at the City of Y and was determined to return to work following the accident. Her colleagues helped to support her and found themselves covering up her disabilities with remembering and cognitive functions.

D and E’s daughter K was also affected by the accident as she put her life on hold to help them in their recovery following the accident. K was listed as a claimant, under the provisions of the Family Law Act, which protects family members of the injured.

The Resolution: Bogoroch & Associates helped the family file a statement of claim, and worked to gather medical evidence. Medical experts and therapists presented test results and long-term prognosis for each of the partners.

Given that E.F.’s injuries were brain related, it was critical to show the full extent of the couple’s ongoing trauma. The parties all met to mediate, and after a lengthy negotiation, the family was offered a fair and reasonable settlement to compensate for their injuries.

Though D. could no longer work or enjoy working in his later years, he was compensated and did not need to worry about his future financial needs. The husband and wife could move forward into their retirement thinking about long-term recovery and better health.

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Winter Accident Leads to Severe, Lifelong Injuries of Teen


The Annals of Law: Bogoroch & Associates

The Cause: Winter Accident leads to Severe, Lifelong Injuries of Teen
Date of Accident: March 10, 1997
Date of Closing: March 30, 2001
Age of Victim: 17
Timeline: 1 year, 4 months

The Accident: J.D. was a passenger in a vehicle, driven by his mother in inclement weather on the way home from a ski trip in Collingwood, Ontario. He was seated in the back seat of the car.

J.D.’s mother was driving on a snowy road with poor visibility when she braked as a car came toward her. Unfortunately, the braking caused her to swerve into the oncoming traffic, causing a head-on collision.

J.D.’s injuries were many, including:

  • closed head injury and transient loss of consciousness
  • torn urethra
  • ruptured bladder
  • laceration to the liver
  • pelvic injury
     

Even after the immediate diagnosis and after care, J.D. still suffered from strictures, that caused a slow flow of urination and pain to his back, radiating to the hip, leg and pelvis. A permanent scar causing great embarrassment to J.D. remained from his sternum to his public bone.

J.D. did not want to undress in the locker room anymore, and would no longer remove his shirt in public.

The strictures would remain a lifelong medical issue and could only be repaired through urethral reconstruction – painful surgery carrying the risk of incontinence and impotence.

The Resolution: Bogoroch & Associates introduced a medical review, and began the compilation of evidence necessary to document J.D.’s medical prognosis. An orthopedic surgeon was consulted to speak to the effects the accident would have on J.D.’s future and his ability, or inability, to return to his previous life.

Examinations of discovery were held so that all parties could speak under oath about each of their recollections of the accident. J’s mother, and the driver of the other vehicle were able to recount the events of that day. J.D. also spoke about the events of that day and what he remembered of the accident and immediate effect of the injuries.

As a result of the evidence presented, it was determined that J.D.’s mother was wholly responsible for the accident.

Bogoroch & Associates leading the process:

  • Medical review
  • Gathering of evidence
  • Examinations for discovery
  • Mediation
  • Settlement negotiation


Bogoroch & Associates wanted to ensure that the possibility of surgery had been ruled out before J.D. accepted the settlement. Mediation was arranged whereby a fair and reasonable settlement (plus legal costs) was negotiated over a day. When the offer came in, however, J.D. took time to discuss the outcome with his family before deciding.

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University Student Severely Injured by Motor Vehicle


The Annals of Law: Bogoroch & Associates

The Cause: University Student Severely Injured by Motor Vehicle
Date of Accident: August 23, 1998
Date of Instruction: September 4, 1998
Date of Closing: January 23, 2002
Age of Victim: 23
Timeline: 3 years, 4 months

The Accident: G.D., a finance student at Ryerson University, was entering an intersection legally and on a green light when his vehicle was struck, by a vehicle entering the intersection in violation of the Highway Traffic Act on a red light.

G.D. was severely cognitively and physically injured, suffering from a ruptured diaphragm, intra cerebral bleeding, pulmonary contusion, lacerations to scalp and extensive scarring.

The accident completely altered G.D.’s once-productive life. Prior to the accident, G.D. was entering his fourth and final year at school, held down two part-time jobs to pay for his education, went to the gym twice a week and played recreational hockey three times a week. G.D. was in the prime of his life and functioning at an extremely high level. All of this activity came to a sudden end.

The Resolution: G.D. found himself unable to go to work, unable to pay for his education. Bogoroch & Associates issued a statement of claim as a start to the process. As liability was not an issue (the defendant driver was completely liable for his accident), the case rested in medical evidence in order to correctly assess the accident.

G.D., with the guidance of Bogoroch & Associates was treated by many physicians, including psychologists, social workers, plastic surgeons, and a doctor at the Brain Injury Clinic. G.D. also underwent extensive rehabilitation; including physiotherapy, speech language pathology, neuropsychological counseling, and social work intervention.

But as time passed, the physical and psychological scars remained, as did functional limitations and cognitive difficulties. G.D. had to live with the fact that he had suffered a brain injury, and he was concerned about the stigma attached to the injury, which caused yet further stress.

Medical reports were acquired and reviewed, and Bogoroch & Associates obtained an actuarial report where loss of income and earning capacity were calculated. Once the information was complete and assembled, Bogoroch & Associates were able to mediate the case and reach an appropriate and just settlement. 

During the course of the lawsuit, G.D. went back to school to complete his degree and found a position in the financial sector. He wanted to avoid a court battle and was thrilled that the case was settled in mediation.

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Truck Driver Suffers Post-Traumatic Stress Syndrome After Serious Accident


The Annals of Law: Bogoroch & Associates

The Cause: Truck Driver Suffers Post traumatic Stress Syndrome after Serious Accident
Date of Accident: August 12, 1999
Date of Instruction: November 25, 1999
Date of Closing: October 23, 2002
Timeline: 2 years, 11 months

The Accident: D.B., a truck driver, was struck by a vehicle backing up off a highway ramp, trying to get back onto the highway where D.B. was traveling. D.B.’s truck was struck and rolled over in the median, while D.B. desperately tried to flee the burning vehicle to save his life. The driver of the other vehicle died in the accident.

D.B. was an independent owner and operator of his truck – and worked diligently to make a living. But after the accident, D.B. found himself to be panicked and fearful, suffering psychological trauma when expected to resume his driving and work.

No one believed D.B., when he tried to explain the impact that the accident had left on his life – but Bogoroch & Associates did. They worked to achieve a considerable settlement for him to aid in his recovery and help him find new work.

The Resolution: Bogoroch & Associates worked to investigate and diagnose D.B.’s trauma, which included anxiety, depression, insomnia, memory and concentration problems. Bogoroch & Associates arranged D.B.’s appointments and supported him through the medical review process.

Most importantly, D.B. found that he could not drive after the accident – such a severe phobia consumed him from the memory of barely escaping the terrible accident, and the knowledge that the other driver had died there.

D.B. underwent examinations with psychologists, psychotherapists and clinical psychologists to determine the nature of his ongoing symptoms. The extensive examinations and reviews led physicians to diagnose D.B. with post-traumatic stress syndrome.

A statement of claim was issued, and once the necessary information was obtained, the parties attended a mediation in an attempt to reach a settlement outside of court. The defence, however, would not acknowledge that D.B. could no longer drive, and that his work had been effectively stopped because of the accident.

The case proceeded to a pre-trial conference before a judge, where both sides allowed a third-party opinion that would perhaps be similar to the outcome of a trial. There, the pre-trial judge accepted D.B.’s symptoms and the diagnosis of post-traumatic stress syndrome as the cause. He also wondered about the psychological problems affecting D.B.’s ability to drive.

The pre-trial led the parties to discuss settlement again, and Bogoroch & Associates achieved an all-inclusive settlement.

The financial settlement allowed D.B. to explore other work options, while continuing to recover from the psychological trauma of the accident.

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Motor Vehicle Accident Causing Death of Motorcycle Driver 


The Annals of Law: Bogoroch & Associates

The Cause: Motor Vehicle Accident Causing Death of Motorcycle Driver
Date of Accident: November 12, 2000
Date of Instruction: January 15, 2001
Date of Closing: August 29, 2002
Timeline: 2 years, 8 months

The Accident: C.J. – a 24 year-old young man, was traveling eastbound when the defendant in the case, who was traveling westbound, made a left turn crashing into C.J. At the scene of the accident, and en route to the hospital paramedics performed CPR on C.J., however, he succumbed to his injuries and was pronounced dead at the hospital.

C.J. has sustained multiple traumatic injuries to his head and chest, a skull fracture and a torn aorta.

The Family: C.J. enjoyed a very positive and strong family life. He lived with his mother, a nurse, and two younger brothers. Although his parents were divorced, he maintained a very strong relationship with his father, a police officer.

The family was utterly devastated by the loss of their son and brother. C.J.’ s mother was completely overcome with grief and anxiety. She was diagnosed with depression as well as post-traumatic stress disorder and could not return to nursing full-time. She received disability benefits for the time she was unable to work.

C.J.’s two siblings, M. and S. had lost a brother and a mentor. M., who had been working fulltime, could not concentrate or focus on his job and was subsequently fired. He suffered grief and depression and was not able to work for nearly a year following the accident. He did, in time, find other employment.

S, also was devastated by the death of his brother. At the time of the accident, S. was successfully studying computer technology at Humber College, but like his brother M., could not focus or concentrate on his studies following the accident. S. was forced to stop school so he could have time to grieve and recover.

C.J.’s father, a police officer, suffered immensely the loss of his eldest child. C.J. so respected his father, he had studied police services at Seneca College in an effort to emulate him. C.J.’s father lost one of the most significant relationships he enjoyed in life – spending time with his son.

Bogoroch & Associates: The experienced team at Bogoroch & Associates understood that while C.J.’s family was in grief and suffering, the case needed to move forward.

Though a cash settlement, no matter what the amount, could never replace their son, or take away their grief, they were entitled to compensation for their suffering.

The Resolution: Bogoroch & Associates sought relief by filing a claim under The Family Law Act against the driver who caused C.J.’s death.

The driver had been charged following the accident under The Highway Traffic Act, with making an unsafe turn. The driver maintained that she had not made an unsafe turn but that C.J. had been speeding through the intersection.

Bogoroch & Associates vehemently challenged this defence, arguing that if C.J. had been speeding on a motorcycle, she would have heard him even if she had not seen him. Bogoroch & Associates hired a private investigator to ensure that all witnesses or potential witnesses to the accident were interviewed, and all aspects of the accident were completely explored and documented. 

The Settlement: A fair and reasonable settlement was achieved, which appropriately reflected the value of the family’s damages. Richard Bogoroch was prepared to take the case to trial to argue for further compensation, however, the family determined that the settlement was adequate. Understandably, the family wanted to put an end to the legal proceedings without having to cope with further stress of a trial. The settlement provided closure to the family, and though no amount of compensation could replace the loss of family, they were able to move forward.

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Pedestrian Killed by Drunk Driver 


The Annals of Law: Bogoroch & Associates

The Cause: Pedestrian Killed by Drunk Driver
Date of Accident: March 3, 2001
Date of Instruction: March 14, 2001
Date of Closing: March 3, 2003
Timeline: 2 years

The Accident: M.W. was crossing the road as a pedestrian, near an intersection, where he was struck by an oncoming car. M.W. died as a result of injuries sustained. The driver who hit M.W. was impaired at the time of the accident, and was charged with impaired driving causing death under the Criminal Code.

The Family: M.W. came from a large family; two brothers and a sister - and his siblings were very distraught over the death of their brother. They wanted to sue the driver, even though they were informed by Bogoroch & Associates that very little compensation is provided to family members, under the law, in this type of situation.

The Resolution: Bogoroch & Associates issued a statement of claim to start the lawsuit against the driver who had killed M.W. An investigation was carried out and police records were obtained outlining the facts surrounding the accident. Medical information about the injuries sustained was obtained from the hospital where M.W. was unsuccessfully treated following the accident.

The case did not go to trial, but was mediated, and a settlement agreed upon. The driver had in fact plead guilty to impaired driving in court, but the other criminal charges, including those pertaining to the death of M.W. – and who was ultimately responsible - were being contested.

M.W. had crossed the road near the intersection, but not at it, and had not used a crosswalk. Witnesses to the accident provided differing accounts of the accident. In the end, it was difficult for Bogoroch & Associates to prove that M.W. was in no way responsible, or at least partially so, for the accident.

Each of M.W.’s siblings received compensation under the mediated settlement. Though this in no way reflected the loss of a member of their family, the amount paid was fair and reflected what was achievable under the law. Bogoroch & Associates guided the family through the legal system to achieve all of the potential compensation due to them following this terrible accident.

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Medical Malpractice

Surgeon’s Error Causes Death


The Annals of Law: Bogoroch & Associates

The Cause: Surgeon’s Error Causes Death
Date of Accident: July 18 – 24, 1997
Date of Instruction: November 26,1999
Date of Closing: June 22, 2001
Age of Victim: 31
Timeline: 3 years, 10 months

The Nature of the Case: S.R., a loving mother and caregiver, worked as a nanny in her employer’s home. S.R.’s goals included working to establish her immediate family’s residence in Canada, while sending funds to her extended family in the Philippines. S.R.’s four year-old daughter lived with her while her husband worked abroad.

S.R. possessed finance and banking post secondary education from the Philippines, and was continuing her education here at Sheridan College in computer technology.

S.R. underwent a laparoscopic cholecystectomy. During the course of the operation, S.R.’s vena cava and right renal artery were damaged, allowing S.R. to lose a great amount of blood. Attempts were made by the surgeon to repair the damage, but the massive bleeding continued and a blood transfusion was ordered.

S.R. was transferred to another hospital in hopes of getting greater expertise to cope with the vascular bleeding. Another surgery ensured. But all attempts to save her were unsuccessful – S.R. died six days later from complications from the first surgery.

The Resolution: Bogoroch & Associates were hired to establish the value of S.R.’s surviving relatives’ entitlement to claims under a malpractice suit. As the surgeon had admitted liability in the death of S.R., that was not an issue in the case.

S.R.’s young daughter was left without her sole caregiver and psychological and financial provider when her mother died. S.R.’s husband was left without his wife who had been strongly contributing to the family’s finances on top of her care-giving role as a mother.

The family was entitled to seek damages under The Family Law Act. Though Canadian law is very rigid regarding the amount of compensation awarded to families who have lost a loved one, Bogoroch & Associates sought many expert opinions to prepare the case:

  • Medical reports were gathered to review the surgical error, including post mortem examinations
     
  • An Occupational Therapist created documentation on the loss for S.R.’s daughter
     
  • Accounting reports were developed to value past and future dependency losses
     
  • a Professor of Economics provided an assessment of the value of the family’s loss
     

The defendant, through previous offers and negotiations, had made it clear that they would not be making an acceptable offer to S.R.’s family. A settlement conference was held in front of a judge, where both parties could argue and present their cases. The judge offered an objective assessment, which coincided with that of Bogoroch & Associates.

The settlement conference led to a final resolution – and the case was settled for a fair and reasonable amount, providing for claims of S.R.’s daughter, husband and mother. S.R.’s daughter’s funds were placed in a trust, as she was a minor, and were used to pay for expenses from childhood and into adulthood.

The terrible, untimely death of a daughter, wife and mother could not be rectified and the family would be torn apart because of a medical error, but the financial assistance provided real support of the family for present and future expenses and care.

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Medical Negligence From Gastrectomy


The Annals of Law: Bogoroch & Associates

The Cause: Medical Negligence From Gastrectomy
Date of Accident: February 12, 2000
Date of Instruction: June 26, 2000
Date of Closing: August 8, 2003
Age of Victim: 54
Timeline: 3 years, 2 months

The Nature of the Case: S.E. underwent a total gastrectomy. Afterward, instead of recovering normally, S.E. experienced severe, debilitating abdominal pain, drastic weight loss, chronic diarrhea and nausea – along with numerous other symptoms.

Because S.E. had suffered from serious depression and diabetes prior to the surgery, and there were no physical signs of S.E.’s complaints after the first surgery – S.E. was diagnosed a failing to thrive, and suffering from depression. It was only after a CT scan was performed where the presence of a large abscess was discovered.

Finally – over 3 months later - it was discovered that S.E. actually had a surgical towel left inside of her abdominal cavity from the operation. A subsequent surgery took place to remove the towel, but serious infection had already developed. Even after the surgery to remove the towel, S.E. continued to suffer from the effects of the first surgery and subsequent infection. S.E. was quite ill for nearly 3 years.

S.E. suffered emotionally and psychologically from the entire process – the excruciating pain from the first surgery led to ongoing depression and hallucinations. After the doctors’ appointments, additional surgery and ongoing treatment of the infection, the toll on S.E.’s emotional state was overwhelming.

During the legal proceedings, S.E. died from a heart attack – the final three years of her life being severely diminished.

The Resolution: Bogoroch & Associates worked with S.E. to:

  • assemble all clinical records and reports
  • S.E.’s medical history was fully reviewed and considered
  • Valuation of future care was developed
     

The surgeon admitted liability in leaving the surgical towel in S.E.’s abdominal cavity. The team at Bogoroch & Associates applied the thin skull principle in the case (proving that S.E. was particularly vulnerable or more fragile than the norm), and that the defendant had to compensate S.E. for the increased pain and suffering.

The case came before a pre-trial judge. The doctor and hospital admitted liability, however, there was not agreement over the damages that should be awarded. 

As S.E. experienced ongoing depression and psychological impairments that could not be ultimately connected to the surgery and had pre-existed the surgery, the amounts discussed were lower.

A resolution was not made at the pre-trial, and shortly thereafter, S.E. was readmitted to hospital where a mass similar to the one after the first surgery was found. S.E. passed away. Despite the discovery of the mass, it was found that S.E. had not died of any of the effects of the first surgery. Post mortem examination proved she had died from a heart attack.

With S.E. gone, it was left to the E. family to pursue the settlement in a different manner. S.E. had a claim under the Trustee Act for her pain and suffering – but future care was no longer an issue. Her husband and daughters made a claim under The Family Law Act.

Bogoroch & Associates worked with the E. family to:

  • explain the legal limitations and constraints of the case
  • confronting the change to the case after S.E.’s death
     

A fair and reasonable offer was negotiated by Bogoroch & Associates reflecting their legal entitlement to damages, given the pain and suffering that S.E. had endured. Although they could never replace their loved one, the best possible settlement was achieved to provide the family with some support and financial assistance.

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Medical Negligence Injures Child


The Annals of Law: Bogoroch & Associates

The Cause: Medical Negligence Injures Child
Date of Accident: December 2, 1995
Date of Closing: February 22, 2000
Age of Victim: 9
Timeline: 3 years, 11 months

The Nature of the Case: At the age of nine T.W. was struck by a car. In the aftermath of the accident and as part of her regular healthcare follow-up, she visited a dentist who never detected a cyst in her mouth, despite making several visits and having numerous x-rays completed.

Another dentist identified the problem – 7 years later – and root canals on the cyst led to a large lesion in the top right front tooth, causing headaches, slurred speech, facial pain, along with swelling in the face and mouth. With so many complications, T.W. underwent additional endodontic surgery and extensive post-surgery treatment afterward.

Her primary dentist had failed in diagnosing the original cyst by wrongly reading the x-ray results and assuming nothing was wrong. The cyst, it was later discovered by review, was clearly evident in the x-ray.

T.W. suffered great pain for many years before and after surgery to remove the cyst and restore her health.

The Resolution: Bogoroch & Associates assisted T.W. with her visits to expert dentists, endodontists, a neurologist – all who provided expert opinions on their reviews.

It was clear to each and all of the experts that the x-rays had been misread by the dentist. T.W. had been in a previous accident and sustained injuries that should have suggested a closer reading was in order. The first dentist did not provide an adequate medical review and did not meet a standard of care expected of him.

The Resolution: Bogoroch & Associates worked with T.W. to:

  • assemble all records and reports
  • time and depth of initial dentist visits compiled to consider standard of care
  • visit dental and medical experts
  • assessed long term possibility of facial disfigurement
  • reviewed cost of future pain and suffering before mediating
     

The case was mediated over 5 hours. It was established that the injury was not only painful before and after surgery, but that it had been present for so long before diagnosis. There was considerable emphasis on the fact that time taken to diagnose was completely unreasonable. And because of it – T.W. might well have a permanent injury with ongoing problems.

A fair and reasonable settlement was agreed upon for her suffering. This amount paid for past dental bills as well as future costs that would be incurred. While she continued to deal with the injury, T.W. could move on with her life knowing that her dental expenses would be adequately paid for as she worked to develop better health.

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Fibromyalgia

College Professor Severely Disabled in Car Accident


The Annals of Law: Bogoroch & Associates

The Cause: College Professor Severely Disabled in Car Accident
Date of Accident: January 13, 1997
Date of Instruction: April 28, 1998
Date of Closing: February 5, 2002
Age of Victim: 44
Timeline: 4 years, 6 months

The Accident: G.S.’s vehicle was struck from behind, while stopped at an intersection. The blow to the car led the car to become airborne, landing in a snow bank.

G.S. encountered injuries and ongoing trauma from the accident, including soft tissue injuries to her neck and back, tendinitis, carpel tunnel syndrome and post-concussion syndrome. The accident led to fibromyalgia, depression and post-traumatic stress disorder, taking a great toll on G.S.’s life.

G.S. could no longer work at her beloved job as a college Professor. G.S. underwent extensive therapy including massage therapy, physiotherapy, acupuncture, occupational therapy, chiropractic treatment, cognitive therapy and psychological therapy.

The Resolution: Bogoroch & Associates faced defendants who actually attempted to deny the existence of fibromyalgia as a disease. Given their depth of expertise in the area, the team at Bogoroch & Associates arranged to have G.S. assessed by leading experts in fibromyalgia.

Also, a psycho-vocational assessment was completed to provide information of G.S.’s future employability. Engineering reports were gathered from the details of the accident to develop documentation of loss, including loss of income and a need for ongoing home and maintenance costs.

As G.S. had a history of depression and was overweight, the defendants attempted to suggest that her needs and disabilities existed prior to the accident. Bogoroch & Associates provided evidence from witnesses who noted that G.S. was an active, productive professional prior to the accident. The accident was undoubtedly the point of change leading to the downward spiral.

It was established that the accident had led to the injuries and the case was settled for $55,000.00 with her long-term disability insurer and the Canada Pension Plan Disability Benefits Program.

The tort still needed to be resolved – and neither party was eager to go to trial. The risks of losing in court and incurring trial costs were daunting to G.S. and the process was stressful. The legal team settled for an all-inclusive amount in the case, and G.S. was relieved to move her life forward and rebuild her health.

Bogoroch & Associates:

  • arranged for expert medical examinations and review
  • hired engineers to detail the motor vehicle accident
  • provided support and belief of the injury – and proved it through evidence
  • mediated and negotiated with each defendant
     

G.S was eager to end the legal process and was very pleased when Bogoroch & Associates succeeded in settling for an all-inclusive settlement.

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Fibromyalgia Sufferer Denied Benefits by Insurer


The Annals of Law: Bogoroch & Associates

The Cause: Fibromyalgia Sufferer Denied Benefits by Insurer
Date of Accident: July 10, 1997
Date of Instruction: July 10, 1997
Date of Closing: December 19, 2001
Age of Victim: 51
Timeline: 2 years, 11 months

Nature of the Case: P.D., a city employee for twenty-five years had worked as a parking lot attendant and parking meter collector. Prior to being diagnosed with fibromyalgia, P.D. experienced several symptoms including back, arm and leg pain. P.D. was unable to fulfill his duties as an employee – duties that included bending, carrying, lifting and walking. The chronic nature of the pain eventually led to depression. P.D. found himself unable to work.

P.D. injured his back while lifting a large and heavy planter while at work. Subsequently, P.D. experienced shoulder pain, emanating to his arms and legs. Due to the severity of the pain and suffering, P.D. was forced to go on disability leave.

Once P.D.’s short-term disability leave ended, P.D. submitted medical and other required documentation to the insurer to move onto long-term disability leave. The insurer denied the long-term claim. P.D. suffered chronic pain, fibromyalgia and depression and despite the medical merits of his illness, he was denied long term benefits to which he was entitled.

The Resolution: Bogoroch & Associates assisted P.D. in scheduling medical appointments and the gathering of critical medical documentation which not only proved P.D.’s chronic illness, but also his inability to perform the requirements of his employment.

As the Bogoroch team developed the case, they discovered that the benefits had been denied to P.D. due to surveillance by the insurer. P.D. was being watched.

A mediation was scheduled with the insurer in order for all parties to have an opportunity to speak about the case. P.D. spoke about how the illness had adversely affected his life and how moving through the day caused him chronic, unforgiving pain. The merits of his case were put forward by the Bogoroch team in an effort to reestablish disability payments, however, a settlement was not reached at that time.

Several months passed before another meeting was held to determine a final settlement. Once again, the two sides could not agree on final terms. The case went to a pre-trial hearing where the case was outlined again before a judge.

There were several aggravating issues in this case. P.D. was adamant that he would not settle to any terms that would create deductions from his pension. The judge agreed with the insurer and felt that there was a legitimate dispute as to whether P.D. was totally disabled and unable to work.

In the end, we reached a considerable, non-taxable settlement. P.D.’s pension remained in tact, and included extended health care coverage. The difficult case came to an end with a reasonable outcome for P.D. who was pleased with the outcome.

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Wrongful Termination of Victim of Fibromyalgia


The Annals of Law: Bogoroch & Associates

The Cause: Wrongful termination of Victim of Fibromyalgia
Date of Accident: July 10, 1997
Date of Instruction: July 10, 1997
Date of Closing: December 19, 2001
Age of Victim: 52
Timeline: 1 year, 5 months

The Accident: H.L. enjoyed her work as an Administrative Assistant for six years, when she began to experience chronic pain, forgetfulness and depression. She had difficulty maintaining her regular workload. Upon visiting a physician, H.L. was diagnosed with fibromyalgia. Under the terms of her insurance policy she was entitled to benefits, which she collected for 12 months, until those benefits were suddenly and unexpectedly terminated.

Nature of the Case: H.L. worked and lived happily, was productive and gainfully employed for six years. She became disabled with fibromyalgia, depression and memory loss. For a short period of time – under a year – he insurance company paid disability benefits. Suddenly, without explanation, those benefits were terminated, even though he contract with the insurer clearly entitled her to benefits if she became totally disabled before turning sixty-five years of age.

H.L.’s insurer did not believe that she was truly disabled. With the assistance and support of Bogoroch & Associates H.L. was able to prove, then fight the insurer and claim the benefits she rightfully deserved.

The Resolution: Bogoroch & Associates issued a statement of claim against the insurer then proceeded to have H.L. visit a variety of medical experts to accurately diagnose her maladies. H.L. visited rheumatologists, a psychiatrist and a general practitioner so that medical documentation could be gathered to develop a larger, more complete medical scenario.

The medical reports confirmed the diagnosis of fibromyalgia. With those reports in hand, an actuarial report was developed to document lost benefits since the termination by the insurer.

The case proceeded to mediation. Richard Bogoroch dwelled on the fact that H.L. was not denied benefits during the same period, under the Canada Pension Plan, which further demonstrated bad faith on behalf of H.L.’s insurer.

The insurer discussed reinstating H.L.’s benefits, however, Richard Bogoroch argued that this act further entrenched the fact that the insurer was acting in bad faith and that a better remedy would be to provide a lump sum payment to H.L. on top of reinstating her benefits. The Bogoroch team also made it clear during the mediation that they would pursue a settlement at trial if a mediated settlement was not forthcoming.

Settlement negotiations continued and a fair and reasonable payment was agreed upon. This amount was independent of legal fees. And the insurance was reinstated to address the ongoing long-term disability.

Though H.L. was surprised and taken aback at the termination of her benefits; her life adversely affected financially - on top of suffering from ongoing illness, the Bogoroch team supported her through the process and ensured she received what was rightfully and contractually hers from her insurer. The stress of worrying about the financial outcome ended, and H.L. was able to move forward concentrating on her physical and emotional challenges.

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Restaurant Floormat Causes Severe Injuries


The Annals of Law: Bogoroch & Associates

The Cause: Restaurant Floormat Causes Severe Injuries
Date of Accident: December 23, 1994
Date of Instruction: December 20, 2000
Date of Closing: July 5, 2001
Age of Victim: 49
Timeline: 8 months

When going out for an enjoyable dinner at a restaurant, you do not expect to be injured. But that’s what happened to N.D. when patronizing a local restaurant. A folded mat on the floor caused N.D. to trip, causing her to injure her right foot and ankle, throughout her body to her shoulders and neck. The accident caused not only multiple body bruises and abrasions, but led to the development of fibromyalgia, anxiety and depression.

The Nature of the Case: N.D. was entering a local restaurant when a folded-over doormat caused her to trip and fall. The accident caused serious and long-term injuries to N.D.’s right foot and ankle, throughout her body to her shoulders and neck. Multiple body bruises and abrasions were evident immediately following the accident.

The accident created further medical complications for N.D. when she developed fibromyalgia, anxiety and depression. N.D., who was looking forward to returning to work after a disability leave, could not do so. The effects of the accident were devastating for her.

The Resolution: Bogoroch & Associates was retained by N.D., after she contacted another lawyer to take on her case. N.D. wanted a second opinion and she determined to take the case to Bogoroch & Associates. As some of the initial legal work was already started, it was crucial that Bogoroch & Associates prove the restaurant responsible and liable in the matter.

When a patron enters a restaurant, he or she has every reasonable expectation that the environment is safe and that they will not be harmed in any way during their time there.

Bogoroch & Associates conducted extensive research throughout Canada to find similar cases and legal precedents supporting the claim that the restaurant was negligent. Arguments presented by the defendants were abolished once legal precedent was presented supporting N.D.’s case.

Once liability was proven, the Bogoroch team set out to review, document and value the medical injuries sustained during and after the accident. N.D. visited a Rheumatologist who could provide an expert analysis and opinion on the fibromyalgia, and the medical-legal aspects of her condition. An accounting was then completed, outlining the cost of her pain and suffering and loss of present and future income.

Bogoroch & Associates: 

  • Took on the case after N.D. sought a second legal opinion
  • Created a strong case proving negligence through research of Canadian case law
  • Had medical experts review and document findings
  • Created an accounting of loss due to loss of income and pain and suffering
     

The case was mediated, and though the restaurant presented arguments that pre-accident problems led to N.D.’ condition, the medical evidence that had been developed provided ample proof that the injuries and ongoing medical issues were a result of the accident.

The case was settled quickly and N.D. did not have to suffer through a protracted court trial. Though medical issues would continue to hamper N.D., she was able to return to the happy and productive life she enjoyed before the accident.

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Long Term Disability

Lupus Sufferer Denied Benefits by Insurer


The Annals of Law: Bogoroch & Associates

The Cause: Lupus Sufferer Denied Benefits by Insurer
Date of Closing: March 14, 2001
Age of Victim: 40
Timeline: 1 year, 10 months

The Nature of the Case: O.A., a successful Audit Manager at Ernst & Yong was diagnosed with Lupus, a severe autoimmune disease. The illness made it impossible to continue with the very demanding, and stressful role as an accounting professional.

Days that were spent working became days spent undergoing treatment and rehabilitation in an effort to control the illness. O.A. was unable to continue working.

O.A.’s insurer paid her disability benefits for a period of twelve years, however, they suddenly and unexpectedly cut off her benefits leaving her without any income or means to survive. Despite producing extensive medical documentation and submitting it to the insurer, she was ignored.

The Resolution: Bogoroch & Associates issued a statement of claim to the insurers to commence the legal process. Medical evidence was gathered proving the severity and long-term consequences of the disease. Also documentation was gathered to prove that the insurer had acted in bad faith, and by discontinuing all communication had behaved in an unethical manner.

The case moved to a day-long mediation where both parties determined to settle the matter. A fair and reasonable settlement was agreed upon. It was also agreed that the payout would be provided to O.A. tax free.

After nearly two years, Richard Bogoroch was able to provide O.A. with the peace of mind to move forward with her life without financial worry and strain. Though O.A. had tried to communicate with the insurance company, it was only through the representation of the Bogoroch team that a fair and reasonable settlement was achieved.

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Severely Disabled Woman's Insurance Benefits Cut-Off


The Annals of Law: Bogoroch & Associates

The Cause: Severely Disabled Woman Cut-off Insurance Benefits
Date of Termination: April 27, 2001
Date of Instruction: June 7, 2001
Date of Closing: November 28, 2002
Age of Victim: 47
Timeline: 1 year, 5 months

Nature of the Case: L.P., a long-time Administrative Assistant, suffered from a variety of debilitating illnesses. She suffered from schizo-affective symptoms including severe anxiety, paranoia and social phobia. She also suffered acute groin pain and underwent surgery for a hernia. She could no longer work and was granted disability benefits for a period of under six years. Claiming she had recovered and was able to work, the insurer cut off all subsequent benefits.

In the interim, L.P. made many attempts to rehabilitate physically and mentally. When her insurer confirmed that she in fact had completed her set and recommended rehabilitation program, it discontinued benefits. Assuming L.P. could then resume employment, an argument had to be made on her behalf to prove otherwise.

L.P. was still suffering acute physical pain as well as displaying severe psychological symptoms including social paranoia.

The Resolution: Bogoroch & Associates issued a statement of claim against the insurer. Medical reports for the various illnesses were gathered after L.P. visited a number of experts seeking factual opinions.

Interestingly, one medical report obtained – drafted by the insurer’s reviewing physician – noted that L.P. was fit to work, but unable to sit for more than 30 minutes at a time. Given that L.P. was an Admin. Assistant, sitting, it was argued, it critical to performing the job.

The insurer had not adequately measured the degree to which L.P.’s psychological impairments were affecting her work and her life.Bogoroch & Associates outlined and detailed the severity of those impairments and ensured that all aspects of L.P.’s disability were understood by the insurer.

The case was settled at a mandatory mediation whereby the insurance company was forced to accept the severity of L.P.’s ongoing pain and suffering. A tax free settlement was agreed upon, and L.P. was able to move forward with her life without the incredible strain of financial worry. Though L.P. was faced with her complex illnesses, she could continue to rehabilitate and work toward improved health.

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Single Mother Suffers Chronic Fatigue Syndrome 


The Annals of Law: Bogoroch & Associates

The Cause: Single Mother Suffers Chronic Fatigue Syndrome
Date of Accident: August, 1998
Date of Instruction: July 29, 1998
Date of Closing: September 11, 2001
Age of Victim: 47
Timeline: 3 years, 2 months

Nature of the Case: S.H. worked to support her family as an Accounts Receivables clerk for nearly four years when she began to suffer chronic fatigue, severe headaches, generalized muscle pain and insomnia. Once a productive employee, her work began to slip and she was unable to fulfill her regular office duties. Concerned, she visited a doctor, who diagnosed her with Chronic Fatigue Syndrome.

S.H., unable to work, filed an insurance claim, which was fulfilled for nearly four years. Despite the fact that the benefits were paid out for a period of time, they were eventually terminated without reason or explanation. The condition of her health did not change. It also greatly affected her ability to look after her children, her home, and fulfilling basic duties around the house.

When the benefits were cut off, S,H. attempted to resume employment and even took computer and accounting courses to upgrade her skills. The extra studies only exacerbated her symptoms, making her life harder. She enjoyed nothing. On top of the inability to function normally, she was in great financial stress as the benefits once allowed to her were gone.

The Resolution: Bogoroch & Associates ensured that expert medical advice was sought including a haematological pathologist and rheumatologist and general practitioner. This medical documentation was gathered and supported her claim against the insurer.

A mediation was scheduled with the insurer whereby a settlement was sought. The benefits were reinstated for the future and S.H. was able to move forward with her life not having to worry day after day about financial survival. She was able to concentrate the little amount of energy she had upon her family’ and her own care.

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Long Term Insurance Benefits Denied to Seriously Ill Social Worker 


The Annals of Law: Bogoroch & Associates

The Cause: Long Term Insurance Benefits Denied to Seriously Ill Social Worker
Date of Termination: July 13, 2000
Date of Instruction: October 1, 2001
Date of Closing: June 28, 2002
Age of Victim: 53
Timeline: 9 months

Nature of the Case:
S.W. was a dedicated Social Worker who loved her job. She suffered from chronic pancreatitis and had undergone 3 unsuccessful surgeries in an effort to alleviate pain and symptoms of the illness. After the surgeries, S.W. was diagnosed with fibromyalgia and plantar fasciitis. After that diagnosis, S.W. began to experience other new symptoms and faced irritable bowel syndrome, carpal tunnel syndrome, fatigue, pain while sleeping, cognitive impairments and depression.

S.W. continued to work for as long as she was physically able. When she was first diagnosed with pancreatitis, she took a leave of 13 months, but returned to work for seven years after, in spite of living with constant pain. Finally the pain made work impossible and S.W. went on disability. Even while disabled, she continued to worsen, when a tumor was discovered on her neck. Although the tumor was removed, S.W. experienced several side effects including numbness to her face, an injured cornea and impaired speech.

S.W. was then denied the benefits she needed to survive financially.

The Resolution: Bogoroch & Associates determined to:

  • Show the progression of S.W.’s illnesses
  • Gather all appropriate medical reports
  • Prepare an accounting of lost benefits
  • Clearly demonstrate that the insurer had treated S.W. unfairly, demonstrating a high degree of bad faith
     

The case proceeded to a mandatory meditation where all issues were raised by both sides. It became clear very quickly through the medical evidence that while S.W. may have had disparate and multiple illnesses, they were all very real and very debilitating.

A fair and reasonable settlement, plus legal fees was agreed upon. More importantly, S.W. was placed back on disability for at least another year, when her case would be assessed again. The matter was dealt with quickly by the Bogoroch team – in 9 months – and S.W. was able to focus on rehabilitation and her health for the following year.

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Personal Injury

21-Year-Old Man Drowns on Public Beach


The Annals of Law: Bogoroch & Associates

The Cause: 21 Year-old Young Man Drowns on Public Beach
Date of Accident: August 16, 1998 
Date of Instruction: December 9, 1999
Date of Closing: June 3, 2003
Age of Victim: 21
Timeline: 4 years, 8 months

H.K. a 21 year-old man drowned in front of family members in Lake Ontario, during a day when it was unsafe to swim in the water due to currents and high waves. Despite other near-drownings just prior to his death, the Lifeguards on duty chose to keep the beach open to swimmers.

The City of Toronto was proven to be negligent and liable by the Bogoroch team and had to pay a significant sum in damages to H.K.’s family.

The Nature of the Case: H.K. along with his parents, four sibling and cousins were at the beach to enjoy a beautiful day and have a picnic. H.K. and his brothers and cousins were in the water about 10 meters (30 feet) from the shore for approximately half an hour when the height of the waves and strength of the currents drastically changed.

The waves went from 1 foot high to over 6 feet and the corresponding current below the water swirled with much greater force and energy.

H.K.’s brother S. was forced against some rocks, but was able to pull himself on top of them, while his cousin J. nearly drowned. While J. was assisted by a lifeguard to safety, H.K. went under and could no longer be seen.

Prior to H.K going under, a swimmer at the beach, who happened to be a Certified lifeguard attempted to assist in the rescue by diving for H.K. but was told to get out of the water by a lifeguard on duty. H.K.’s other brother called out to a female lifeguard on duty to help his brother – but she did not pay attention to, or help him.

After a discussion of nearly 4 minutes, she attempted to reach H.K. She began to swim toward him, where she had seen him in the water with arms flailing. During her approach, she stopped to tell another man to not jump into the water. During her approach, H.K. went unconscious and sank into the water.

A rescue boat was brought to the scene, but time had passed (it takes only 1 minute for brain damage to ensue in an adult lacking oxygen), and the waves proved too forceful to make an attempt at a rescue.

H.K. was found the next morning, his body wedged between two rocks.

H.K.’s family didn’t know it – but just prior to their family encountering difficulty in the water, several other patrons on the beach had also required assistance from the lifeguards on duty. Just 15 minutes prior to H.K. drowning, two children had been rescued in similar circumstances.

But the lifeguards had not protected the visitors to the beach that day – they left the beach area open to swimmers unduly putting others’ lives at risk. Due to the negligence of the City and lack of safety protocol a family lost a son, brother and cousin.

The Bogoroch team:

  • Proved negligence on behalf of the City had to be proven
  • Ensured a Statement of Claim was issued
  • Conducted extensive Discoveries with all available witnesses
  • Commissioned the drafting of actuarial reports proving lost support income
  • Established multiple counts of liability by an Aquatic Risk Management Consultant 
     

The Resolution: Bogoroch & Associates proved that the City failed to act and was the primary cause of H.K.’s death. They did so by issuing a Statement of Claim and conducting many Discoveries with all available witnesses to get a clear understanding of the events of that day. As H.K. helped support his family as a welder, an actuarial report was developed noting the loss of future income to his parents and siblings.

The case was brought before a pre-trial judge and was ultimately won on the findings of a report that Bogoroch & Associates had developed by an Aquatic Risk Management Consultant who clearly outlined the, not one, but numerous failings by the lifeguards on duty and the City of Toronto.

The defendants tried to argue that H.K. assumed a certain level of risk by voluntarily entering the water, and therefore the City could not be held accountable for that risk. The defendants had also solicited an expert to assist in proving their case, however, no report had been delivered to them and they were unprepared for trial.

Given the lack of defendant evidence, and the depth of the plaintiff’s case, with the assistance of the Bogoroch team, the judge had to acknowledge that the City was unequivocally responsible for H.K.’s death.

Nothing could replace the loss of this mans life, however, the settlement assisted with the financial strain of his loss to the family.

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Hole in Sidewalk Causes Serious Injuries


The Annals of Law: Bogoroch & Associates

The Cause: Hole in Sidewalk Causes Serious Injuries
Date of Accident: February 27, 2000
Date of Instruction: May 5, 2000 
Date of Closing: January 3, 2003
Age of Victim: 32
Timeline: 2 years, 8 months

D.M. fell into a deep pit in front of a restaurant when walking down the street on a sidewalk. The accident rendered D.M. severely injured. His knee required cortisone injections and arthroscopic surgery, and ongoing pain in the hip led to D.M. walking with a pronounced limp. Bogoroch & Associates secured D.M. a considerable settlement.

The Nature of the Case: 
D.M. was walking down the street one day, when he suddenly and unexpectedly fell into a deep pit in front of a restaurant. The pit had always been there, and historically was used as a coal chute, but in recent years was used to receive grocery and food deliveries to the restaurant. The pit was normally covered by a grate that could be walked upon.

But on this day, when D.M. was walking the grate had been removed, and no sign, cone or other warning existed. D.M. did not see the pit, and fell into it.

D.M. worked as a Material Handler and forklift operator, so his physical health was critical to his success on the job. The damage to his knee required several cortisone injections and arthroscopic surgery. His hip was also affected on the same side of his body, causing him to walk with a pronounced limp. Walking and even standing became difficult for D.M. after the accident.

Both the restaurant and City of B. had a legal duty to ensure that the sidewalk was safe to walk upon. Obviously, the restaurant knew about the chute, knew it was a hazard and did nothing to protect pedestrians on that day. It was clear that both the City and the restaurant had to be pursued with a legal claim.

The Resolution: Bogoroch & Associates issued a Statement of Claim under the Occupier’s Liability Act which required both the restaurant and the City to ensure the safety of the sidewalk.

Expert medical examinations were scheduled for D.M., and reports and analyses regarding the injuries, future care, and his general ability to carry on with his work and personal life. An accounting of future medical care as it related to the accident and potential loss of employment income was created. Photographs of the chute and the place of the accident were taken to provide visual evidence of the scene of the accident.

The case proceeded to mediation, at which time the defendants argued that D.M. was at least partially responsible for the fall as he should have been looking in front of himself to ensure his own safety while walking. While it is true that D.M. had to assume some responsibility, it was imminently clear that the restaurant and the City were responsible under law for sidewalk safety. Liability was shared.

A second issue affecting the case was a pre-existing degeneration of his D.M.’s hip. The defendants argued that the accident was not the source of the injury, as it had existed, to a much lesser degree, prior to the accident. Bogoroch & Associates argued that while D.M.’s injuries were intensified by his pre-accident vulnerabilities, it did not negate the fact that the accident itself was the cause and source of the hip injury.

The Thin Skull Principle – a defendant is responsible for injuries sustained by a victim and the effects they have based on the health of the individual as he is at the time of the accident.

The mediation stalled when both parties were significantly divided in their offers, but the mediator offered to write an appropriate settlement offer on a piece of paper and gave it to each party the opportunity to accept or reject the offer. The parties were then asked to write whether the offer was accepted or rejected back to the mediator, thereby ensuring their negotiating positions.

The offer was accepted by both parties, and a fair and reasonable settlement was agreed upon. The case did not have to proceed to trial, and D.M. was able to move in with his life and physical recovery.

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Action of Wal-Mart Employee During Alarm Seriously Injures Shopper


The Annals of Law: Bogoroch & Associates

The Cause: Action of Wal-Mart Employee During Alarm Seriously Injures Shopper
Date of Accident: October 18, 2000
Date of Instruction: November 17, 2000
Date of Closing: September 4, 2002
Age of Victim: 60
Timeline: 1 Year, 10 months

A leisurely trip to Wal-Mart leads to a 60 year-old woman to be inflicted with factures to cheekbones, a torn left retina, fracture and lacerations over the left eye, nose and forehead fracture, loss of hearing in the left ear and fuzzy vision in the left eye. Bogoroch & Associates achieved a fair and reasonable final settlement.

The Nature of the Case: J.S. and her friend B. were enjoying an afternoon out together, catching up over a coffee and window-shopping at the nearby mall. The two women were in Wal-Mart when the fire alarm went off. At the time, no one seemed to be taking any interest in the alarm; no one was hurrying toward the exits or rushing.

This was the last memory that J.S. had – that everything was pretty calm – before she awakened to see a Paramedic looking down upon her face. Having no memory of the events of the day, it was J.S.’s friend who told her what had transpired that afternoon.

Her friend explained that a Wal-Mart employee had come running at a high speed out of a side aisle and struck J.S. with great force, knocking her to the floor.

J.S. sustained serious injuries as a result of the accident including factures to cheekbones, a torn left retina, fracture and lacerations over the left eye, nose and forehead fracture, loss of hearing in the left ear and fuzzy vision in the left eye. The fracture over her left eye led to regular trauma-related migraines and even more regular headaches.

Even after over a year and a half had passed, the headaches persisted at least twice a week. She underwent laser surgery to correct the retinal tear. The hearing loss remained in her left ear, and she suffered memory loss she had not experienced at all prior to the accident.

J.S. and her husband hoped for some kind of communication after they sent letters, and also an apology from Wal-Mart, but none was forthcoming. Wal-Mart did nothing and communicated nothing. J.S. and her husband were left to seek out legal counsel.

The Resolution: Bogoroch & Associates worked to gather evidence and witness accounts, hiring an Investigator to seek out any and all information about the events of that day. Medical reports were gathered from all doctors who had treated J.S. after the accident, as well as J.S.’s General Practitioner whom she had received care from prior to the accident. A Psychiatrist was asked to fully review J.S.’s psychological pain and suffering after the accident. Discoveries were held so that J.S. and her husband could testify under oath about the effects of the accident on their lives.

J.S. was approached and offered a fair and reasonable amount by the defendant Wal-Mart to settle the case. Although there was the possibility of recovering a larger sum at trial, J.S. and the Bogoroch team considered all of the factors weighing in on going to trial, such as:

  • time and costs of going to trial may mitigate any larger settlement
  • J.S.’s age and pre-accident history, which did include some blackouts and falls
     

Bogoroch & Associates: 

  • Hired an Investigator to speak to all witnesses of the accident.
  • Gathered medical evidence from J.S.’s regular doctor, retinal specialists, the surgeon who conducted her laser surgery, and a plastic surgeon.
  • Asked a Psychiatrist to comment on the continued suffering experienced by J.S. after the accident.
  • Held Discoveries where J.S. and her husband were able to testify under oath about the accident and the pain and suffering experienced afterward.
     

The Bogoroch & Associates team allowed J.S. and her husband to thoroughly consider the reasonable offer, and the risks associated with a longer, protracted trial, and possible smaller settlement at the end of it all. J.S. and her husband determined to take the settlement offer, move on with their lives, and release the stress of a continued court battle.

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Injuries Sustained from Dog Bite 


The Annals of Law: Bogoroch & Associates

The Cause: Injuries Sustained from Dog Bite: Personal Injury
Date of Accident: April 5, 1998 
Date of Closing: January 1, 2000 
Age of Victim: 44 
Timeline: 1 year, 9 months

Imagine being invited to a friend’s home for a lovely dinner, only to be brutally attacked by the family dog. That’s what happened to M.E., who was attacked inside the home, just as she stepped into her friend’s living room.

M.E. sustained serious, disabling injuries as a result of the attack, including a fractured foot. Bogoroch & Associates took on the case and achieved a fair and reasonable settlement.

The Nature of the Case: M.E. was invited to a dinner party, and upon entering her host’s home, she entered the living room, where she was suddenly and unexpectedly attacked by the family dog. The family’s British Bulldog viciously attacked her leg and pulled her to the floor.

M.E. was seriously injured after the attack. The bite fractured the third metatarsal and severely damaged the fourth metatarsal in M’s foot. (The metatarsal bones are a group of five bones in the foot located between the tarsal bones of the hind- and mid-foot and the phalanges of the toes. They are analogous to the metacarpal bones in the hand.)

The cuts and lacerations in M.E.’s foot were so plentiful that she suffered infection in her foot. She was submitted to daily intravenous injections of antibiotics to combat the infection. Because she was unable to walk and had to use a wheelchair, she underwent daily visits from a nurse who would change the wound’s dressings in an attempt to combat the ongoing infection.

The pain from the bite and subsequent infection was terrible. M.E. was unable to work and enjoy life. And as time went on it became apparent that steps needed to be taken to further combat the persistent infection., so M.E. underwent irrigation and debridement of her foot. This required a week-long stay in the hospital.

Unable to work for nearly a year, M.E. never did heal completely. Not only was there a massive and ugly scar that would always be present on her foot, she lived with pain, stiffness and decreased movement and mobility.

The Resolution: Bogoroch & Associates took action against the dog owner, who had already been found completely liable / guilty and convicted under The Dog Owner’s Liability Act.

Bogoroch & Associates had an expert Orthopaedic surgeon examine M.E.’s foot, so that a diagnosis could be determined for any possible future issues, future costs, and future care. M.E.’s financial losses as a result of the attack were also evaluated.

M.E.’s life had radically changed because of the accident. Once able to perform her duties as an employee and daughter, M.E. was faced with lack of mobility, unable to go to work, and also unable to look after her mother. M.E. was forced to make the unwelcome decision to put her mother in home care, as she could not even look after herself, let alone a loved one.

The Bogoroch team:

  • Issued a statement of claim to commence legal proceedings against the dog owner
  • Gathered medical evidence from surgical experts
  • Valuated employment losses
  • Considered the pain and suffering endured from the bite
     

Bogoroch & Associates mediated a fair and reasonable settlement. Though the compensation could not heal M.E., it could compensate her for her financial losses incurred during the year she was so physically encumbered.

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