Overview

A 36-year-old chef suffered serious orthopaedic trauma and a traumatic brain injury after being struck by a car while walking along a rural road. When his long-term disability insurer refused to pay benefits, legal action was commenced and the claim settled for $220,000.

Key Takeaways

  • Settlement amount: $220,000 in long-term disability benefits
  • Accident type: Pedestrian struck by a car
  • Primary injuries: Serious orthopaedic trauma to the right leg and traumatic brain injury
  • Long-term impact: Physical and cognitive impairments prevented the client from continuing his work as a chef
  • Notable legal issue: The insurer argued that the client was capable of working in some capacity
  • Resolution method: Settlement following legal action
  • Additional recovery: $1.275 million recovered through the client’s tort and accident benefits claim

The Case

Our client was a 36-year-old father of two and a red seal chef when he was struck by a car while walking along a rural road. He sustained serious orthopaedic trauma to his right leg and a traumatic brain injury.

Despite his impairments, he was determined to return to work and resumed his job as a chef. The physical and cognitive demands of the position ultimately proved too difficult, and he was unable to continue working in that capacity.

His long-term disability insurer refused to pay benefits on the basis that he was capable of working in some capacity. We sued the insurance company, and the case ultimately settled for $220,000, representing the present value of his future long-term disability benefits.

In addition to the LTD settlement, $1.275 million was recovered through his tort and accident benefits claim. The combined recoveries allowed him to focus on his family and rehabilitation rather than concerns about his future finances.

Why It Matters

This case involved a client who attempted to return to his career following serious physical and cognitive injuries but found that his impairments prevented him from meeting the demands of his work.

The $220,000 settlement represented the present value of his future long-term disability benefits and was obtained after the insurer initially refused to pay his claim.