Overview

A middle-aged man suffered a spinal cord injury and paraplegia after being thrown from his snowmobile on a frozen lake. A dispute with his accident benefits insurer over the amount of benefits payable was resolved at mediation, resulting in a guaranteed payout of more than $2.2 million, including past benefits paid.

Key Takeaways

  • Payout: More than $2.2 million guaranteed, including past benefits paid
  • Accident type: Snowmobile crash on a frozen lake
  • Primary injury: Spinal cord injury resulting in paraplegia
  • Additional injuries: Burst fracture of the L1 vertebrae and Cauda Equina
  • Resolution method: Settlement at mediation
  • Notable legal issue: Dispute over the amount of accident benefits payable
  • Home modifications: $450,000 sought to make the client’s home wheelchair accessible
  • Long-term impact: Wheelchair accessibility modifications were required for the client’s home

The Case

Our client was crossing a lake on his snowmobile when he struck a pressure crack in the ice. The impact threw him from the snowmobile, causing him to land on his back. He sustained a burst fracture to his L1 vertebrae, suffered from Cauda Equina, and was left with resulting paraplegia.

His insurer paid accident benefits, but a dispute developed over the amount it was required to pay. We took the position that the insurer was responsible for $450,000 in home modifications needed to make our client’s home wheelchair accessible.

We sued the insurance company for breach of contract and punitive damages. The case ultimately settled at mediation, and our client structured a portion of the settlement. Including accident benefits previously paid, he will receive a guaranteed payout of more than $2.2 million from his accident benefits insurer.

Why It Matters

This result addressed a significant dispute over accident benefits following a spinal cord injury that resulted in paraplegia. A central issue was the cost of substantial home modifications required for wheelchair accessibility.

The resolution provided our client with a guaranteed payout exceeding $2.2 million, including benefits already paid, with a portion of the settlement structured.