Overview
A young woman developed chronic pain, anxiety and depression after a distracted driver rear-ended her at 80 km/h. After her impairments eventually prevented her from working, her tort and accident benefits claims were resolved at mediation for $1.35 million.
Key Takeaways
- Settlement: $1,350,000
- Accident type: Rear-end motor vehicle collision involving a distracted driver
- Primary injury: Soft tissue injuries resulting in chronic pain
- Additional injuries: Anxiety and depression
- Resolution method: Mediation
- Notable legal issues: Application for Catastrophic Impairment was denied by the auto insurer
- Medical treatment: Medical and rehabilitation accident benefits were exhausted
- Long-term impact: Physical and psychological impairments interfered with the client’s ability to work and cope with daily life
The Case
Our client was violently rear-ended at 80 km/h by a distracted driver. She suffered soft tissue injuries that were complicated by anxiety and depression.
Following the collision, she continued working in an office administration role for approximately two years. Her physical and psychological impairments eventually interfered with her ability to work and cope with life in general, leading her to take a disability leave of absence.
After exhausting her medical and rehabilitation accident benefits, an application for Catastrophic Impairment was submitted to her auto insurer on her behalf. The insurer denied the application. Her tort and accident benefits cases were ultimately settled at mediation for $1,350,000.
Why It Matters
This case illustrates how the effects of a motor vehicle collision can extend beyond the initial physical injuries. Although the client continued working for approximately two years, her physical and psychological impairments eventually affected her ability to remain at work.
The case also involved both tort and accident benefits claims, including a denied application for Catastrophic Impairment, before the matters were resolved through mediation.