Car accidents are always tragic, but some are more devastating than others. We recently resolved a head-on collision claim in Ontario. In this case, not only was our client seriously injured, but the at-fault driver unfortunately passed away at the scene.
What Happened in the Head-On Collision Near Kingston Ontario
We represented a young woman involved in a severe head-on collision while driving just outside Kingston, Ontario on a two-lane highway.
The head-on collision occurred when the defendant unexpectedly and suddenly swerved into our client’s lane, resulting in the devastating head-on collision impact.
Tragically, the at-fault driver died at the scene, while our client sustained permanent and serious injuries that affects all facets of her life, including:
- Ability to work,
- Daily housekeeping tasks
- Recreational and social activities
Serious Injuries and Ongoing Medical Care Following the Head-On Collision
Following the head-on collision, our client was transported by ambulance to the hospital, where she was diagnosed with:
- Lung lacerations
- Sternal fracture
- Multiple rib fractures
- Mild traumatic brain injury (TBI)
Recognizing the importance of early intervention and treatment, we assisted our client in applying for and accessing Accident Benefits through her auto insurer. These benefits covered essential treatments such as:
- Physiotherapy
- Counseling
- Massage therapy
- Occupational therapy
We also helped our client to utilize her health benefits through her employer for further treatment.
Our client attempted a brief return to work, which was unfortunately short-lived due to her collision-related injuries. We helped her apply for Long Term Disability (LTD) benefits. Although her initial application was denied, we successfully appealed the denial on her behalf, and she continues to receive LTD benefits.
We also initiated a claim against the estate of the at-fault driver. Clients often ask what happens if the defendant is deceased. As long as there was insurance in place at the time of the accident, there will be a policy for our clients to access.
Litigation Process and Resolution
Litigation in personal injury cases can be lengthy and complex. In this matter, we supported our client throughout the:
- Discovery phase
- Mediation
- Pre-Trial proceedings.
Initially, the Defendant was unwilling to offer compensation that fully reflected our client’s injuries and losses. We prepared the case thoroughly, anticipating the possibility of proceeding to Trial. However, at the Pre-Trial conference—held three months before the scheduled Trial—the Defendant substantially increased their settlement offer. This allowed us to resolve the claim for a fair and satisfactory amount for our client.
Outcome
The claim was successfully resolved at Pre-Trial when the Defendant significantly increased their settlement offer. This outcome ensured our client received fair compensation for her:
- Injuries
- Medical expenses
- Other losses
- Closure
- Financial Security
