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Pedestrian Struck by Motor Vehicle, Causing Long-Term Disability

14/05/2003
Pedestrian Struck by Motor Vehicle, Causing Long-Term Disability

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.

*Please note that the settlement amounts will vary from case to case and are not reflective of what your case may be worth.