Returning clients are a rarity on the plaintiffs’ side of the personal injury bar.
Although we form lifelong bonds with many of our former clients and act on countless referrals to their friends and family members, we don’t often get a chance to represent the same person in a separate case.
But in one of our recent matters, that’s exactly what happened. Our familiarity with the client, his medical history and his treatment needs allowed us to spring straight into action, quickly putting him on the road to recovery and shutting the door on insurer defences before they even had a chance to argue them.
The personal injuries
Dave (not his real name), a 65-year-old contractor, returned to our law firm for help around five years after his last accident, when we had helped him secure compensation for a severe concussion and other injuries sustained in a slip-and-fall accident.
The second incident happened at a store showroom, where Dave was waiting for an appointment to discuss designs and materials for an upcoming construction job on his own cottage. After tripping over a transition in the flooring, he was sent flying backwards, striking his head on a display shelf.
Over the following months, Dave was forced to hire additional workers to complete his planned cottage renovations as his ability to work was limited by a variety of medical issues related to his fall, including post-traumatic headaches, loss of cognitive function, tinnitus, brain fog and vision issues, as well as soft tissue injuries to his neck, back and knees.
Medical response
Dave approached us soon after his fall, allowing us to work assembling his treatment team. At first glance, his injuries looked similar to those he sustained in his earlier accident. However, we were alert to the fact that this was his second major head trauma event and the compounding effect of subsequent concussions.
We worked closely with his family physician and called on our network of trusted medical professionals to set up referrals to a neurologist with a concussion clinic and a physiotherapist with expertise in balance issues, among other targeted treatment providers.
Anticipating that the defendant would seek to blame Dave’s difficulties on his previous injuries — he had also undergone knee and shoulder surgery a decade earlier — we also hired an orthopedic surgeon to review his medical history and produce an opinion on his pre-accident condition. Later, another neurologist confirmed that Dave had suffered a traumatic brain injury and continued to endure post-concussive symptoms long after his accident.
All the experts were directed to comment on Dave’s ability to conduct certain job-related tasks so that we could demonstrate how his cognitive and physical problems had led him to hire extra help for work on the cottage project that he would otherwise have completed himself.
Personal injury evidence collection
Not all of the evidence in a trip-and-fall case is medical. Back at the scene of the accident, speedy action was just as critical. Dave’s fall was captured on video, which meant that we could quickly pinpoint the location of his fall and identify any changes that had occurred in the surrounding environment.
We also coordinated with opposing counsel to arrange a site visit by an engineer we had retained to collect data and produce a report on the possible causes that we hoped would counter any liability defence the defendant was planning.
Our expert ultimately concluded that numerous building code violations and hazards at the scene, putting a huge dent in any argument the defendant might raise to avoid responsibility.
Expert alignment
As time passed, the defendants hired their experts and one by one, they came back with reports largely in agreement with those produced for our client, putting us in a strong position moving towards trial.
Dave played his part by closely following his medical team’s treatment recommendations to a tee, leaving nobody with any doubt about his desire to get better. When he continued running into difficulties with his work capacity, it only strengthened his claim for damages linked to his unique economic losses.
As a result, we were able to negotiate a very favourable resolution for Dave, including significant compensation for his pain and suffering, loss of enjoyment of life, and economic losses related to the building work on his property. The insurer also agreed to reimburse him for past medical treatment and provided for his future treatment, as well as assistance with housekeeping and home maintenance.
It’s hard to think of a better endorsement for our services than a returning client, although with an existing relationship to preserve, the stakes can feel much higher when acting for someone a second time. However, as we discovered with Dave, the potential rewards are also much greater. This was a very challenging file, but it ended with a positive outcome for everyone involved.
Contact Edwards Pollard LLP for a Personal Injury Lawyer in Oakville
If you or a loved one are facing similar challenges and need legal support, speak with one of our personal injury lawyers in Oakville. 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.