In the rough-and-tumble world of personal injury litigation, it’s easy for personal injury lawyers to forget the importance of relationships: those with clients, treatment providers and even opposing counsel.
In one of our recent cases, the power of each of these relationships propelled us to an outcome that was not only pleasing for our injured client, but one that remains a source of pride for everyone involved.
The injury
Our client, a former nurse in her mid-60s, already had significant health issues before the incident that brought her to our office. These pre-existing health issues required her to utilize specialized paratransit to get to and from appointments and to carry out basic everyday functions like getting groceries.
Unfortunately, when leaving the vehicle after one of her paratransit rides, she fell from its ramp onto the frozen ground below, fracturing the top of her right femur at the point where it meets the hip.
Compounding her health issues, she couldn’t undergo surgery, resulting in poor healing of the injury. This led to post-traumatic arthritis and left her leg about four centimetres shorter than the other.
The aftermath
After her discharge from hospital, our client entered into communications with her insurers, but quickly realized that she would need professional help from personal injury lawyers to navigate the legal process, obtain benefits and gain a full understanding of her rights.
However, not all of our initial discussions were about the substance of her case. When I met her at home, it was clear that her living situation was not going to be workable, given her relative isolation, lack of mobility and the inadequacy of the support she was receiving.
Our first priority was to help her find a new apartment that was accessible, affordable and — crucially — in the same community where she already had longstanding connections with a family doctor, pharmacy and local shops.
Next, our personal injury lawyers assembled a treatment team to support her recovery, including an occupational therapist, physiotherapist and personal support worker. With none of her family or friends nearby, we called on our network of trusted professionals and interviewed service providers to ensure our client’s medical needs would be met.
Insurer pushback
With our client’s living situation and treatment taken care of, we were able to focus on the legal side of her case, which was divided into two streams. One was for a tort claim, and the other was for accident benefits, which included an application for a catastrophic impairment designation that would increase the limit of her medical, rehabilitation and attendant care benefits to $1M while also providing her with weekly housekeeping benefits.
Predictably, the accident benefit insurer did not share our view of the seriousness of our client’s injuries. However, our strong lines of communication with our client’s treatment providers — including her family physician and orthopedic surgeon — allowed us to quickly answer those concerns with medical reports focussing on her ability to function, recovery updates and prognosis. Ultimately, we convinced the insurance company to accept that the evidence supported a catastrophic designation without the need for a formal hearing on the issue.
Meanwhile, on the tort side, the paratransit insurer’s hardline defence relied heavily on our client’s pre-existing health issues, as well as an allegation that she shared the blame for her accident because of the way she descended the ramp. For our part, we emphasized the door-to-door nature of the service, pointing out that the driver had never left his cab to assist her as expected, and may even have distracted her as she climbed down the unsteady ramp.
The tort and AB settlements
While multiple unsuccessful settlement conversations and a failed mediation may sound like a recipe for acrimony, the insurer’s counsel on the tort side was someone I had encountered before and have great respect for. The lines of dialogue between us remained open throughout and, with the prospect of a trial looming, we eventually got a settlement that worked for all parties over the line.
With several live issues at play, there is always an element of chance regarding how a jury will rule. Our client had a very tough time dealing with the insurer’s attempt to lay the blame at her feet, but we were able to give her a realistic view of the potential risks and benefits of a trial, and she ultimately felt vindicated by the settlement.
On the other side of the case, our success in achieving a catastrophic impairment designation, unfortunately, did not put a stop to our client’s troubles with her accident benefits insurer, who continued to challenge her entitlement to various individual treatments.
Although we were well placed to continue enforcing her rights at the Licence Appeal Tribunal, our client decided to pursue an all-encompassing settlement with the insurance company. We eventually secured a favourable settlement that provides her with a substantial monthly payment to cover her ongoing medical and therapy needs. Just as important, the final agreement gives her a level of certainty and autonomy over her future care that is hard to put a figure on.
The future
Over the course of our retainer, our client became a familiar face to many in the Edwards Pollard office, and she remains so, even though the ink had dried on her settlement.
Team members and personal injury lawyers at the firm keep in touch with her regularly, checking in on her health — and her pet cat.
I can’t think of a better example to showcase the benefits of working in a small law firm and the power of the relationships we have developed in our community.
If you or a loved one are facing similar challenges and need legal support to reach out to us to speak with a personal injury law yer. At Edwards Pollard LLP, we pride ourselves on our client-centred approach and strong community connections. Contact us today to see how we can help you navigate your legal journey with the care and dedication you deserve.
