Personal Injury Case Study: $1.5 Million Settlement

Niagara Falls Car Accident Lawyer

Personal Injury Case Study: $1.5 Million Settlement


This is a personal injury case study involving our client, Tammy Lee Hendrickson *, a middle-aged woman, who was in a motor vehicle accident, and whose injuries intensely impacted her life and her career. This case study uses information from the client`s files and resulted in a $1.5 million settlement for our client.

DETAILS OF THE CAR ACCIDENT

In the winter of 2007, Tammy Lee Hendrickson *was driving by herself on a major thoroughfare in Niagara Falls when a vehicle travelling in the opposite direction came around a curve at high speed, crossed over the centre line of the highway and collided head-on with Tammy Lee’s vehicle. The other vehicle contained a driver and one passenger, and there were differing accounts as to what happened to cause the car to swerve in such a manner. No charges were laid by the police in connection with the collision, on the advice of the Crown attorney, because “it could not be proven there was any intent to crash the car”.

The police, ambulance, and fire trucks arrived at the scene and removed Tammy Lee from the car to transport her to a hospital. She recalls the ambulance driver told her not to worry. An IV was inserted during the ambulance trip. She remembers being afraid that the IV would be put into her swollen hand. Her emotions around the time of the accident were that she was afraid that she would die. Our client thought that she was a ‘vegetable’. She does not recall being in the hospital except for someone yelling in the hospital, and she did not have any other memories until two months after the accident.

Tammy Lee’s car was totally written off as a result of the damage caused by the head-on collision.

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. These injuries included whiplash, injuries to the head, neck, back and shoulders, contusions to her face and knees, chest pain, and cervical sprain.

Due to the accident, our client began to suffer from severe joint pain and could no longer sleep through the night. Her employment aspirations were lost. Tammy Lee experienced emotions such as those required for a diagnosis of posttraumatic stress disorder around the time of the accident. She had repeated, disturbing memories and images of the accident especially at the site of the accident or in relation to the accident-related activity. Tammy Lee also had difficulties with standing, sitting and ambulation.

Tammy Lee was severely compromised by her chronic pain, and her situation met the threshold to be considered a serious impairment, even without being totally disabled to undertake all activities.

THIS CASE WAS SETTLED FOR $1.5 MILLION

This personal injury case was opened in 2007. Ashley Gnyś successfully settled Tammy Lee’s case through mediation in 2013, just before almost having to go to trial. Ashley Gnyś and his team were able to get Tammy Lee the compensation she deserved and needed in her life. The tort claim settlement was $600,000 and the accident benefits claim settlement was $900,000 for a combined settlement of $1.5 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 as a Personal Injury Law Firm. 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.”