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Cataclysmic Injury Sustained in Motor Vehicle Accident

March 2008
Cataclysmic Injury Sustained in Motor Vehicle Accident

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.

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