Careless young driver crosses lanes. Puts passenger in coma
Personal details (age, family, etc.):
- Male, 44 years old. Prior to the accident very successful executive. 4 months prior to accident the client moved into a home which he had purchased with his girlfriend.
Accident details (how, where, when, diagram):
- On the day of the accident the client was a passenger in a vehicle driven by his friend. They were traveling Westbound on Limestone Road outside of Campberville, ON. They were involved in a front end collision where a pickup truck veered into their lane.
Initial accident injuries (hospitalization, damages):
- The client sustained a number of very serious life threatening injuries, which included severe traumatic brain injury, GCS: 8, spine fracture, facial fractures, extensive internal injuries.
- He was air lifted to Hamilton Health Sciences Centre where he was put on life support. He was in a coma for 3 weeks. He underwent extensive surgical interventions, including installing rods in his spine, facial reconstruction surgery, surgeries for intestines and gastrointestinal tract, fixation of a broken arm.
- He remained in the hospital for 3 months, and was released to a rehabilitation center in Toronto, where he remained for 6 weeks.
Sequelae, Injuries and conditions list:
- Following the accident the client suffered from Severe psychological and neurocognitive issues, which included problems with memory, attention, decision-making, extreme outbursts of anger, difficulties with sleep, major depressive episode, chronic gastrointestinal problems including constant diarrhea.
- Gastrointestinal problems.
- Deemed CAT after 1 year. Up to the following CAT determination the adjuster denied most necessary treatment and severely neglected the client.
- The lawyer filed bad faith lawsuit against insurance due to above at which point the adjuster was replaced by someone else.
- The client initially refused treatment. Case Manager was unsuccessful with introducing the client to health professionals.
- Deterioration of physical and psychological status followed. Anger difficulties became very apparent, towards client’s girlfriend and Case Manager, client fired most of the rehabilitation team. After 20 months post accident another attempt at introducing services was made: OT once per month, PT once per month, Massage once per week, Psychologist once every two weeks, Aquatic Therapy once per week. After 6 months the client began to observe improvement in his condition, and increased the frequency of therapies to OT once per week, PT once per week, massage once per week. He also accepted RSW services which were eventually increased in frequency to three times per week.
- The client’s wife assumed responsibilities of attendant care
- The client never returned to work.
- As result of the bad faith claim, the insurance approved every treatment plan.
- The client made significant progress, especially with the help of the OT, Psychologist and RSW. He became more aware of events that triggered his anger, better diet was developed to reduce the incidents of incontinence, he accomplished a number of projects around the house, including building a deck, renovating the bathroom, decluttering home, etc.
Settlement or Judgment:
- TORT was settled in 2014; the final settlement was reached in 2017 in the amount of 1.5 million.