Sometimes, a car crash is simple – someone runs a red light or misses a stop sign. Other times, even the police get it wrong. Multi-vehicle car accidents can be complicated, and it may take years in court to legally determine who is at fault.
What Happened in the Car Accident?
We had the privilege of representing a family who experienced serious car accident just outside of Kingston, Ontario. They were driving on a nice, sunny day, when a car coming from the opposite direction crossed the center line and collided head-on with their car. Everyone in our client’s vehicle was injured. The two passengers in the front seat sustained serious injuries, while the children who were in the back seat also suffered various injuries. The car was completely totalled.
Injuries and Medical Care Needed After the Collision
The driver and all the passengers required medical care, and we helped them car access their car insurance coverage for healthcare. Everyone involved in the car crash needed physiotherapy, and some required in home nursing after their hospital stays and several surgeries. Several family members had multiple fractures, concussions, soft tissue injuries, psychological injuries and some developed chronic pain.
In addition to these injuries, the spouses and adult family members who were at home who were not in the car crash had to pick up the slack and take on additional responsibilities. We knew we would have to advance pain and suffering claims for them. The children needed time off school to heal, which put them behind. They needed tutors and IEPs to get back on track. The car crash took a big toll on not just the people injured, but the extended family that needed to support their loved ones afterwards.
How the Court Case Progressed
As the personal injury claim for this car crash wound its way slowly through the system, we were able to continue working with the Accident Benefits insurers to make sure our clients got all the healthcare they needed. During the case, the children in the car accident moved from primary school to high school and some even into the workforce (a court case can often take years). Over the years, we worked with our clients to make sure they got accommodations at work. We ensured them that we would be able to recover their lost income for them in the Tort lawsuit, this is because, if the car accident had never happened, they would have had much higher incomes.
Settlement Outcomes
Several years after the collision we were able to successfully negotiate settlements on behalf of all the clients in the car crash and even some of their family members who weren’t in the car crash, but whose lives were affected. We hired a mediator and conducted a day long negotiation with multiple insurance companies.
Some of the clients chose to get a lump some of funds, where other clients chose to take an annuity structured settlement where they would get payments over a number of years instead. All settlements were tax free.
How typical is a case like this?
We have dealt with personal injury car crashes like this all over Ontario. These types of car accidents are unfortunately becoming more common in the Ottawa and Cornwall areas, especially during poor winter driving conditions.
It was our privilege to assist the entire family, helping them recover physically, emotionally and financially.
