Overview 

This case involved a middle-aged man who suffered a serious spinal cord injury in a snowmobile crash while crossing a lake. After striking a pressure crack in the ice, he was thrown from his snowmobile and landed on his back, sustaining a burst fracture of the L1 vertebrae. He subsequently developed Cauda Equina and resulting paraplegia. Although his insurer paid accident benefits, a dispute arose regarding the amount of benefits payable. Oatley Vigmond pursued the claim against the insurer, and the matter was successfully resolved at mediation. 

Key Takeaways 

  • Guaranteed payout: More than $2.2 million (including Accident Benefits previously paid)  
  • Accident type: Snowmobile crash  
  • Primary injury: Spinal cord injury  
  • Additional injuries:  
    • Burst fracture of the L1 vertebrae  
    • Cauda Equina  
    • Paraplegia  
  • Resolution method: Mediation  
  • Notable legal issues:  
    • Dispute over the amount of Accident Benefits payable  
    • Dispute regarding $450,000 in home modification benefits for wheelchair accessibility  
    • Claim against the insurer for breach of contract and punitive damages 
  • Long-term impact:
    • Paraplegia
    • Wheelchair accessibility modifications required for the client’s home  
    • Portion of the settlement structured to provide guaranteed long-term payments 

Case Summary 

The client was crossing a lake on a snowmobile when he struck a pressure crack in the ice. The impact threw him from the snowmobile, causing him to land on his back. As a result of the crash, he sustained a burst fracture of the L1 vertebrae, which led to a spinal cord injury, Cauda Equina, and paraplegia.  

Although the insurer paid Accident Benefits following the collision, a dispute arose regarding the amount of benefits that were payable. The primary dispute concerned whether the insurer was required to pay $450,000 for home modifications to make the client’s home wheelchair accessible.  

The client commenced legal proceedings against the insurance company alleging breach of contract and seeking punitive damages. As part of the resolution, the client structured a portion of his settlement. Including accident benefits previously paid by the insurer, the client will receive a guaranteed payout of more than $2.2 million. 

Why This Case Matters 

Serious spinal cord injuries can require significant long-term accommodations, including home modifications to improve accessibility. This case highlights that disputes may arise regarding the accident benefits an insurer is required to pay, particularly where substantial accessibility modifications are needed. It also demonstrates that structured settlements can provide guaranteed long-term financial payments as part of the resolution of a personal injury claim.