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Child Suffers Brain Damage and Permanent Disabilities from Car Accident

Child Suffers Brain Damage and Permanent Disabilities from Car Accident

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.

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