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25/Jul/2014
Case Study: How We Obtained a Settlement in Less Than Two Years

Not every case takes five years to settle.

We prove that point in the fascinating case study outlined below.  In less than two years, our firm achieved the compensation our client deserved.  Bogoroch & Associates LLP is well-known for its due diligence, dedication and passionate advocacy of victims’ rights.  We used our skill and expertise to achieve this result for our client.

BASIC FACTS

Client’s Name:
“Mr. M” (name changed to preserve confidentiality)

Incident:
Mr. M was riding his motorcycle in the summer of 2012 in the Greater Toronto Area when he was seriously injured as a result of the negligence of a driver making an improper left turn.

Injuries:
Serious fractures to left leg, requiring surgery; numerous broken bones; amputation of the foot

At fault:
Third Party

Timeline of Legal Events
Bogoroch & Associates LLP was retained two weeks after the incident. Our firm proceeded to do the following:

  • Launched a thorough investigation, analyzing all legal aspects of Mr. M’s case
  • Contacted Toronto Police Services to obtain an official police report
  • Collected all relevant medical records

A ‘Statement of Claim’ was issued approximately six months later (early 2013). This document outlines the plaintiff’s allegations, allowing legal proceedings to officially begin.

Five months later, our firm arranged the next step in litigation: Examinations for Discovery.

Within one year of Mr. M’s accident, the following milestones had already been achieved:

  • Statement of Claim issued
  • Examinations for Discovery arranged

During this period, we also began arranging various assessments with leading medical and vocational experts. These expert reports are indispensable when it comes to the appropriate resolution of a case. They consist of expert witnesses offering their professional opinions on a variety of matters. These matters include an assessment of our client’s injuries, a diagnosis and, most importantly, an opinion as to the ultimate outcome of that injury.

Expert witnesses can include, but are not limited to:

  • Orthopedic surgeons
  • Future-care cost experts
  • Vocational psychologists
  • Economists and accountants

The Client
Because the accident left Mr. M so badly injured, he was forced to endure a constant cycle of physical assessment. In early 2014, our team received the expert reports we needed to properly advise Mr. M and assess the value of his case.

It was clear our client could not return to his job, which required hours of physical labour and lots of standing. Vocational experts, who thoroughly analyzed Mr. M’s job description, confirmed this. They provided us with the expert evidence we needed to prove his case in court.

By this time, our client was only in his 40s. But he had already suffered a significant loss of income.

The Defendants
So what position were the Defendants in?

Our team learned that they had policy limits of only $1M. But our strategy was to obtain this compensation sooner, rather than years later.

Because the Defendants were clearly in the wrong, compensation was almost a sure thing. But the more pressing question: When would Mr. M receive his settlement?

Given the delays in our judicial system, a trial would not begin until 2016. By then, four years would have passed. And that is a long time to wait for any client. To make matters worse, Mr. M had to endure excruciating pain and the stress that litigation tends to bring.

Expediting the Process
Bogoroch & Associates LLP knew this case needed to be moved through the litigation process expeditiously. To speed up the process, we offered the Defendants opportunities to settle by submitting time-limited offers for settlement.

Our efforts and overall strategy were successful.

After several rounds of intense negotiations, the Defendants were aware that the value of Mr. M’s case was far greater than the amount of insurance. If they didn’t settle, it exposed the Third Party to claims that would be above their policy limits. In addition, it exposed the insurer to a potential “bad faith” claim if the case went to trial.

It is to be usefully noted that every insurance company is required to settle claims within its insured’s policy limits, especially when it is likely the case will exceed those policy limits.

Mr. M’s case was settled prior to the two-year anniversary of the accident. In most other cases, the claims process would merely be underway at this time.

Mr. M’s Success
Mr. M received all of the compensation he deserved in less than two years.

How Was This Achieved?
Bogoroch & Associates LLP has 10 lawyers and 35 support staff, including nighttime employees. Our unwavering dedication to our clients is a source of pride.

There was no reason to delay Mr. M’s case. The policy limits were only $1M and it was clear his accident was worth more than that.

By quickly issuing the Statement of Claim, arranging the Examinations for Discovery and allowing our client to be assessed by orthopedic surgeons and future care specialists, we were able to put a value on his case in less than two years.

Using that information and our prior experience, Bogoroch & Associates LLP achieved a result that exceeded our client’s expectations. It also allowed him to get the best result under the given circumstances.

At Bogoroch & Associates LLP, we believe that prompt resolution of cases is in everyone’s best interest. No case is settled before its time. But through diligence, dedication, a wealth of resources and caring staff, we are able to resolve cases expeditiously and effectively. In many instances, there is no reason why a client should be told he or she must wait. We recommend that all clients request a timeline from their lawyer. All clients have the right to know when their matter is likely to be resolved.

Despite a law firm’s best efforts, some cases simply cannot be settled in two years. This could be due to an evolving prognosis, especially for injuries that are still healing and have not yet reached maximum medical recovery. But where a prognosis has been determined and the client has reached maximum medical recovery, every effort should be made to settle the case.

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