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Pedestrian Struck at Crosswalk by Motor Vehicle Suffers Severe Brain Damage

Pedestrian Struck at Crosswalk by Motor Vehicle Suffers Severe Brain Damage

The Accident

T.R., a youthful 58 year-old woman, was struck by a car when crossing the road at a pedestrian crosswalk. The accident completely altered T.R.’s life, causing severe brain damage, and loss of cognitive function.

Prior to the accident, T.R. was an active person; a loving mother to her children, and a dedicated employee working 15 years as a garment worker.

Immediately following the accident, T.R. was rendered unconscious in hospital for an entire month. Once she was conscious, she was transferred and admitted to the Toronto Rehabilitation Institute where she underwent the Acquired Brain Injury Program. Despite extensive rehabilitation, T.R. was permanently disabled with massive cognitive deficits.

The accident left T.R. utterly changed, in need of constant ongoing care and supervision – unable to comprehend or make decisions for herself, let alone care and nurture her family or return to work she enjoyed. T.R.’s daughter, M. was appointed to act on her mother’s behalf.

The Resolution

Bogoroch & Associates were engaged to fight this case on behalf of T.R. Liability was not an issue – as T.R. was legally and safely crossing at a pedestrian crosswalk, the driver of the motor vehicle that struck her was completely to blame and totally responsible for the accident.

Medical evidence was obtained to fully outline and document the short and long-term effects of the accident and brain trauma experts were engaged to chart out the impairments and possible treatments – if any.

The driver’s insurance company requested documentation from and Occupational Therapist and a Psychologist. Bogoroch & Associates sought additional views from Occupational Therapists as to the nature of ongoing home care, which would be required for T.R. Accountants developed a report to outline the value, or valuation of T.R.’s claim.

Bogoroch & Associates even sought out the driver’s cellphone records to determine if she had been using her cell when the accident occurred, explaining the admission in discovery that she had been distracted and had turned her head when she struck T.R.

The case proceeded to mediation where a settlement over a million dollars was reached after much debate and an impasse. The offer was less than what Bogoroch & Associates thought reasonable, and Richard Bogoroch advised the family to move on to court, however, the family wanted an end to the stressful legal process and address the ongoing needs of their mother.

Despite genuine and earnest advice from the team at Bogoroch & Associates, the family determined to take the settlement as offered. To achieve even greater compensation the law office changed the agreed upon fee so that the family could have even greater settlement funds.

Bogoroch & Associates fought the lengthy case from all angles:

  1. Sought out information in discoveries about the driver’s cellphone use even where the driver was completely liable having hit T.R. in a pedestrian crosswalk.
  2. Ensured that expert evidence and reports were developed, to compare with those of the driver’s insurance company.
  3. Engaged in a lengthy and difficult mediation, whereby Richard Bogoroch vehemently contested lower settlements.
  4. Bogoroch & Associates lowered their fee to make an offer viable for the family, and putting, for the family, a much desired end to the legal process.

Bogoroch & Associates were determined to move through the hurdles necessary to reach a fair settlement, and actually advised the client not to settle. Richard Bogoroch was willing to continue through mediation or through the courts to deliver what was rightful for T.R. to receive ongoing treatment and care, and live a comfortable life.

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