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Winter Accident Leads to Severe, Lifelong Injuries of Teen

30/03/2001
Winter Accident Leads to Severe, Lifelong Injuries of Teen

The Accident

J.D. was a passenger in a vehicle, driven by his mother in inclement weather on the way home from a ski trip in Collingwood, Ontario. He was seated in the back seat of the car.

J.D.’s mother was driving on a snowy road with poor visibility when she braked as a car came toward her. Unfortunately, the braking caused her to swerve into the oncoming traffic, causing a head-on collision.

J.D.’s injuries were many, including:

  • closed head injury and transient loss of consciousness
  • torn urethra
  • ruptured bladder
  • laceration to the liver
  • pelvic injury

Even after the immediate diagnosis and after care, J.D. still suffered from strictures, that caused a slow flow of urination and pain to his back, radiating to the hip, leg and pelvis. A permanent scar causing great embarrassment to J.D. remained from his sternum to his public bone.

J.D. did not want to undress in the locker room anymore, and would no longer remove his shirt in public.

The strictures would remain a lifelong medical issue and could only be repaired through urethral reconstruction – painful surgery carrying the risk of incontinence and impotence.

The Resolution

Bogoroch & Associates introduced a medical review, and began the compilation of evidence necessary to document J.D.’s medical prognosis. An orthopedic surgeon was consulted to speak to the effects the accident would have on J.D.’s future and his ability, or inability, to return to his previous life.

Examinations of discovery were held so that all parties could speak under oath about each of their recollections of the accident. J’s mother, and the driver of the other vehicle were able to recount the events of that day. J.D. also spoke about the events of that day and what he remembered of the accident and immediate effect of the injuries.

As a result of the evidence presented, it was determined that J.D.’s mother was wholly responsible for the accident.

Bogoroch & Associates leading the process:

  • Medical review
  • Gathering of evidence
  • Examinations for discovery
  • Mediation
  • Settlement negotiation

Bogoroch & Associates wanted to ensure that the possibility of surgery had been ruled out before J.D. accepted the settlement. Mediation was arranged whereby a fair and reasonable settlement (plus legal costs) was negotiated over a day. When the offer came in, however, J.D. took time to discuss the outcome with his family before deciding.

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