Overview 

A motor vehicle accident left our client with serious injuries, including a traumatic brain injury, internal injuries, and back fractures that required multiple surgeries. Although the client made a strong physical recovery, lasting cognitive and physical impairments resulted in significant disputes over ongoing treatment needs and the ability to return to work. The case ultimately resolved with a recovery of more than $800,000. 

Key Takeaways 

  • Recovery amount: More than $800,000  
  • Accident type: Motor vehicle crash  
  • Primary injury: Traumatic brain injury  
  • Additional injuries: Serious internal injuries, back injuries including fractures, chronic back pain, headaches, cognitive deficits, anxiety, and fluctuating moods  
  • Resolution method: Settlement  
  • Notable legal issues: Disputes regarding the extent of ongoing impairments, treatment needs, and ability to return to work  
  • Medical treatment: Multiple surgeries and ongoing treatment  
  • Long-term impact: Chronic pain, cognitive impairments, uncertainty about returning to work, and significant changes to an active and independent lifestyle  

The Case 

In 2022, our client was a front seat passenger when the driver lost control of the vehicle and crashed. He suffered serious internal injuries, back injuries including fractures, and a traumatic brain injury. His injuries required several surgeries as part of his medical treatment. 

Before the collision, the client was independent and active. He worked in a physically demanding job, enjoyed spending time with friends, and spent his free time working on cars. Following the crash, he experienced chronic back pain, headaches, and cognitive deficits that affected his memory, attention, and ability to process verbal information. He also experienced fluctuating moods and anxiety, leaving his previously active lifestyle significantly altered. 

A key challenge in the case was that, although the client initially sustained serious injuries and underwent surgery and ongoing treatment, he responded well to treatment. As a result, many of his ongoing impairments were subtle but life altering. It remained unclear whether he would be able to return to work. 

The defence argued that the client required little to no further treatment and could likely return to work earning more than he had before the crash. Despite these disputed issues, we were able to recover more than $800,000 for the client. 

Why It Matters 

This case highlights that the lasting effects of a traumatic brain injury and other serious injuries are not always immediately apparent. Even when a person responds well to treatment, ongoing cognitive and physical impairments can continue to affect daily life and employment. 

The result also demonstrates the importance of carefully evaluating the long-term impact of injuries when there are disputes about treatment needs, functional limitations, and the ability to return to work.