Truck pushes a motorcycle off a 30 foot cliff
Personal details (age, family, etc.):
- Male, 36, residing in Hamilton area with his wife and young son.
- He was employed as a steel worker and welder at a large company in Hamilton
Accident details (how, where, when, diagram):
- The client was on vacation with his friends riding motorcycles across Eastern Canada. While they were riding at night in Nova Scotia his motorcycle was sideswiped by a semi truck and it skidded off the road and down a 100 foot cliff. Hit and run- there was no tort.
- He lost consciousness and had to be retrieved by firefighters.
- He was airlifted to a hospital in Halifax where he spent 3 weeks recovering from severe fractures to his body and a brain injury. He was then transferred to Hamilton Health Sciences Centre for further recovery and Lyndhurst Rehabilitation Hospital for 4 weeks.
Initial accident injuries (hospitalization, damages):
- He sustained a severe traumatic brain injury (GCS: 7) and was in , coma for 2 weeks
- Diagnosed with complete spinal cord injury at the L3 level and was informed that he would never walk again. He completely lost function in his legs.
- He also sustained other fractures including clavicle arm, ribs and pelvis.
Sequelae, Injuries and conditions list:
- Sequelae of TBI: memory, attention, decision-making, anger management, depression, anxiety, paranoia,
- Difficulties with photophobia, phonophobia, sleep, headaches.
- Became incontinent.
- Pain in the chest area, neck area.
- Wheelchair bound, required 24/7 attendant care assumed by wife and mother.
- Immediately deemed catastrophic
- Immediately received Physiotherapy, Occupational Therapy, Psychology, Speech-Language Pathology, Social Worker
- Refused RSW services
- All prognoses were guarded.
- 24/7 attendant care assumed by wife and mother.
- Recovered relatively well from brain injury. Memory and attention significantly improved. Difficulties with headaches, photophobia, phonophobia, and depression persisted
- The family home was sold and the insurance paid for the cost of a bungalow to accommodate the wheelchair. The entire house was adapted for the needs of a wheelchair which included building ramps, renovating the kitchen and bathrooms, changing all doors to the exterior to remove thresholds, adapting the garage to build a lift to the house.
- An adapted vehicle was fully funded to allow legs free vehicle operation.
Settlement or Judgment:
- The settlement was reached after 13 months. Over 900K of available funds have been spent for rehabilitation. The file was settled in the amount of 850K with a small lump sum payout and the rest broken into monthly payments up to the age of 75 years.