This is a personal injury case study involving our client, Cassandra Henry *, a middle-aged woman, who was in a motor vehicle accident, and whose injuries intensely and dramatically impacted her life and her family. She suffered both physical and psychological injuries
This case study uses information from the client`s settlement brief, and supporting documentation.
DETAILS OF THE CAR ACCIDENT
On the morning of March 16th, 2011 Cassandra Henry was driving her van southbound on a country road in Ontario. As she approached a main intersection, a commercial Ford truck, proceeding east failed to stop at the stop sign and drove right into her van causing a serious motor vehicle collision. There was late winter snow on the roads, and later, during examination for discovery, the driver of the Ford truck (the defendant), basically admitted losing control of his vehicle in the snow and sliding straight through the stop sign.
Cassandra had legal right of way, and she was entitled to expect that the driver of the van would stop at the stop sign as required by law. There was no evidence that Cassandra contributed to the motor vehicle accident in any way. The defendant was clearly 100% liable.
IMPACT OF OUR CLIENT’S INJURIES
Our client suffered physical and psychological injuries that impacted her employment opportunities, daily living routines and the ability to fully care and provide for herself and her family. These injuries and subsequent diagnosis and consequences related to these injuries included:
- Comminuted right tibial plafond fracture and ankle dislocation
- Fibula fracture
- Articular bone loss
- Post-traumatic arthritis
- Attempted ankle fusion
- Nonunion of ankle fusion
- Revision ankle fusion
- Nonunion and infection of revision ankle fusion
- Below knee amputation
- Continued wound healing problems
- Saphenous nerve neuroma
- Posterior tibial nerve neuroma
Cassandra broke her right ankle in the accident which was surgically reduced with internal fixation. Unfortunately, she developed medical complications after 4 failed surgeries culminating in a 5th operation which amputated her right leg below the knee. To add horror to tragedy, she woke up during the amputation, which then had to be completed by means of local anaesthetic.
In this regard, she suffered severe chronic pain in her right ankle that basically confined her to a wheelchair from the date of the motor vehicle accident on March 24, 2011, until her right lower leg amputation on May 7, 2015, or for 4 long years. She may never be able to walk again even with the availability of a prosthetic. Every single day she will have to confront the reality of being wheelchair bound. Subsequently, she has been declared catastrophically impaired in connection with this motor vehicle accident (MVA).
THIS CASE WAS SETTLED FOR $1.9 MILLION
Cassandra was entitled to significant general damages for her pain and suffering, loss of amenities, and loss of enjoyment of life well beyond the statutory deductible, together with pecuniary damages for services rendered and medical expenses in excess of the accident benefit settlement, for which credit has been given. The impact of all this on the two minor children still living with her, was severe and who were provided with statutory accident benefit support.
This personal injury case was opened in 2011. Ashley Gnyś successfully settled Cassandra Henry ‘s case through mediation in 2018, a 7 year period of time. Ashley Gnyś and his team were able to get Cassandra the compensation she deserved and needed in her life. The tort claim settlement was $1,138,000 million and the accident benefits claim settlement was $830,000 for a combined settlement of $1.968,000 million.
*Names have been fictionalized to protect the privacy of our clients.
Disclaimer – This personal injury case has been selected to show the variance of processes and the nature of compensation claims that we deal with. They do not reflect what happens in every circumstance nor what may happen with other legal providers. We have used our experiences to outline likely scenarios that may occur when making a claim. Past results are not necessarily indicative of future results.”