Case Study Managing the Hurdles of a Legal Action

Bogoroch & Associates LLP takes pride in obtaining a prompt resolution in very complicated cases. With each client, we are faced with a unique set of facts and legal challenges that must be overcome.

The following case study is an illustration of how we obtained financial compensation for a client involved in a car accident with two substantial hurdles:

• How to prove the possibility of a future loss of income?
• How to distinguish pre-existing injuries from those sustained in the accident?

BASIC FACTS

Client’s Name:

Jane D. (name changed to preserve confidentiality)

Incident:

In 2013, our client was proceeding through an intersection when she was struck head-on by a vehicle that had run a red light.

Injuries:

Our client suffered from chronic pain, post-traumatic stress disorder, exacerbation of pre-existing fibromyalgia, and depression.

Deeper Implications:

Jane D. was an educator who was passionate about her career and returned to her full-time job just nine months following the accident, despite ongoing pain. Upon her return, Jane realized that she could not work at the same capacity as before the accident. At only 40 years old, she became concerned that her injuries would prevent her from using to retirement age.

Pre-Existing Injuries:

In law, there is what is known as the “thin skull rule,” which establishes the principle that “you must take your victim as you find them.” For Jane D., this included a previous history of fibromyalgia and depression. When applying this rule, the victim must be compensated for all damages caused, including those that might be exacerbated due to a pre-existing condition.

Nevertheless, it was imperative to distinguish Jane’s pre-existing injuries from those that occurred due to the accident to ensure the case’s success. To do so, extensive documentation and witness evidence was obtained. We also retained a specialized medical team to prove causation.

HOW SUCCESS WAS ACHIEVED

Jane D.’s Success:

We could generate a settlement in the hundreds of thousands of dollars through passionate advocacy and expertise, a value that exceeded our client’s expectations. This settlement accounted for the risk that she may retire early or lose her job due to the accident.

Steps Taken:

We hit the ground, running right from the outset. With 11 lawyers and over 40 support staff, we ensured that all the litigation process steps proceeded expediently and thoroughly.

Within one year of Jane D.’s accident, we had:

• Issued a Statement of Claim.
• Launched a thorough investigation, analyzing all legal aspects of Jane’s case.
• Collected all relevant medical records; and
• Obtained reports from medical experts.

When litigation begins early, so too can the official legal process. In this case, mediation was scheduled for two and a half years following the accident.

To develop our client’s case, Bogoroch & Associates retained a specialized medical team to evaluate Jane D.’s future prognosis, and the impacts it would have on her employability, including:

• A Medico-Legal Expert Report of a Neurologist.
• A Medico-Legal Expert Report of a Rheumatologist.
• A Medico-Legal Expert Report of a Psychologist; and
• A Forensic Accounting Report addressing the loss of income claim.

The expert reports were indispensable in resolving the case. These reports consist of expert witnesses offering their professional opinions on various issues, including causation, the severity of injuries, diagnosis, and permanence of injuries.

Conclusion:

Our team’s efforts and overall strategy ensured that Jane D. obtained maximum results within two and a half years. The strengths of Jane’s case were built upon, while the weaknesses were neutralized. Thus, the risk to the Defendant was amplified, encouraging an early settlement.