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22/Aug/2016
Case Study: Managing the Hurdles of a Legal Action

Bogoroch & Associates LLP takes pride in obtaining a prompt resolution for our clients, even in very complicated cases. With each client, we are faced with a unique set of facts and legal challenges that must be overcome.

The following case study is an illustration of how we obtained financial compensation for a client involved in a car accident with two substantial hurdles:

  1. How to prove the possibility of a future loss of income?
  2. How to distinguish pre-existing injuries from those sustained in the accident?

 

BASIC FACTS

Client’s Name:

Jane D. (name changed to preserve confidentiality)

Incident:

In 2013, our client was proceeding through an intersection, when she was struck head on by a vehicle that had run a red light.

Injuries:

Our client suffered from chronic pain, post-traumatic stress disorder, an exacerbation of pre-existing fibromyalgia, and depression.

Deeper Implications:

Jane D. was an educator who was passionate about her career and returned to her full-time job just nine months following the accident, despite ongoing pain. Upon her return, Jane realized that she was unable to work at the same capacity as she did prior to the accident. At only 40 years old, she became concerned that her injuries would prevent her from working to the age of retirement.

Pre-Existing Injuries:

In law, there is what is known as the “thin skull rule”, which establishes the principle that “you must take your victim as you find them”. For Jane D., this included a previous history of fibromyalgia and depression. When applying this rule, the victim must be compensated for all damages caused, including those that might be exacerbated due to a pre-existing condition.

Nevertheless, it was imperative to distinguish Jane’s pre-existing injuries from those that occurred as a result of the accident to ensure the success of the case. To do so, extensive documentation and witness evidence were obtained. We also retained a specialized medical team to prove causation.

 

HOW SUCCESS WAS ACHIEVED

 Jane D.’s Success:

Through passionate advocacy and expertise, we were able to generate a settlement in the hundreds of thousands of dollars, a value that exceeded our client’s expectations. This settlement accounted for the risk that she may retire early, or lose her job, as a result of the accident.

Steps Taken:

The Bogoroch & Associates team hit the ground running right from the outset. With 11 lawyers and over 40 support staff, we ensured that all steps of the litigation process proceeded expediently and thoroughly.

Within one year of Jane D.’s accident, we had:

  • Issued a Statement of Claim;
  • Launched a thorough investigation, analyzing all legal aspects of Jane’s case;
  • Collected all relevant medical records; and
  • Obtained reports from medical experts.

When litigation begins early, so too can the official legal process. In this case, mediation was scheduled two and a half years following the accident.

To develop our client’s case, Bogoroch & Associates retained a specialized medical team to evaluate Jane D.’s future prognosis, and the impacts it would have on her employability, including:

  • A Medico-Legal Expert Report of a Neurologist;
  • A Medico-Legal Expert Report of a Rheumatologist;
  • A Medico-Legal Expert Report of a Psychologist; and
  • A Forensic Accounting Report addressing the loss of income claim.

The expert reports were indispensable in resolving the case. These reports consist of expert witnesses offering their professional opinions on a variety of issues, including causation, severity of injuries, diagnosis, and permanence of injuries.

Conclusion:

The efforts and overall strategy of our team ensured that Jane D. obtained maximum results within two and a half years. The strengths of Jane’s case were built upon, while the weaknesses were neutralized. Thus, the risk to the Defendant was amplified, encouraging an early settlement.

When you choose Bogoroch & Associates, you can be confident that our firm will work tirelessly on your case. We will diligently pursue every legal avenue to optimize settlement and overcome every hurdle we may face.

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