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Hairstylist Suffers Chronic Pain From Motorcycle Accident

December 2011
Hairstylist Suffers Chronic Pain From Motorcycle Accident

The Accident

In July 2009, our client, Ms. G.C., was injured in a motorcycle accident in Toronto. She was going straight through an intersection when the Defendant tort feasor made a left hand turn in front of her causing her to fly over her motorcycle and collide into his car. Miraculously, the only injury she sustained was a broken shoulder. She did not require surgery and after being treated and released the same day from the hospital, she was sent home.

Ms. G.C. is a leading hair stylist. She is excellent at what she does and has a devoted clientele. She missed approximately 2 months from work but then returned to work on reduced and modified duties. Ultimately she returned to work full time about 6 months after the accident.

At the mediation in December 2011, two years and four months after the accident, this case was settled for a fair and reasonable amount. Despite the fact that Ms. G.C. returned to work full time, she, at the peak of her career, cannot work the additional hours that she would have liked to work before the accident.

Despite the fact that she did not undergo surgery but she was left with residual pain in her shoulder and back which limited her from her activities and prevented her from working the extra hours that she would undoubtedly work, the settlement that Richard Bogoroch and Yoni Silberman achieved was outstanding.

The Resolution

Bogoroch & Associates cases move very quickly. Most cases can be resolved within three years from the date of the accident provided that the physicians and other treating experts are in a position to provide a prognosis, a prediction about the future. Most soft tissue cases should be settled within three years of the accident which is still an awfully long time for an injured victim to be subjected to the stress and strain of litigation. At Bogoroch & Associates we start our cases quickly by issuing a Statement of Claim, arranging prompt Examinations for Discovery and generally a mediation within a year after the discovery so that all undertakings and additional information required by the other side is provided.

In this particular case, our firm was retained shortly after the accident. This is what we did:

  • Issued the Statement of Claim within three months;
  • Arranged the Examinations for Discovery for late 2010; and
  • Arranged a mediation for 2011.

During that time, we continued to obtain updated reports from the treating doctors and specialists to whom the client was referred. We arranged, within 9 months of the accident, for our client to see a chronic pain specialist and an orthopaedic surgeon. In addition, we had accounting information prepared documenting the additional losses sustained by our client. The client Ms. G.C. was unable, as I indicated earlier to work the same extent that she was working before. The settlement included an amount for pain and suffering damages (we negotiated around the deductible) as well as housekeeping.

Lessons to be Learned

This case is instructive as it indicates to anyone reading this case study that through prompt attention to our client’s needs and a determination to promptly move the case forward through the legal process, we enabled our client to obtain a fair settlement in a very reasonable amount of time.

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