FEATURED OTTAWA PERSONAL INJURY CASE
Kyle G. was driving home from summer camp in Algonquin Park with a friend when he lost control of his vehicle on a rural highway. Kyle crashed into a rock cut off the side of the road and rolled his vehicle. When first responders arrived at the scene they had to extricate Kyle from the upside down vehicle and rush him to Barry’s Bay Hospital. There, he was immediately diagnosed with a severe brain injury and airlifted to Ottawa Civic Hospital.
In the weeks that followed, Kyle was treated in the ICU by renowned physicians and rehabilitation specialists. Despite the excellent care that he received, Kyle was advised that he may never be able to walk or talk again. Kyle spent the vast majority of the next year and a half in residential rehabilitation facilities including the Robin Easy Centre at Ottawa Hospital for cognitive rehabilitation.
After being released from residential rehabilitation, Kyle struggled with his accident-related injuries in many aspects of his life and he was unable to get the ongoing treatment that he needed. Despite his extremely serious injuries, Kyle couldn’t find a lawyer to take on his case, his recovery stalled and his condition deteriorated.
Nearly 4 years after his accident, Kyle was referred by a friend to Thomson, Rogers. By this time, Kyle was in a desperate financial situation and his life was in turmoil. Despite the fact that Kyle was involved in a single-vehicle accident, Darcy Merkur, a partner at Thomson Rogers, decided to take on Kyle’s case. Kyle did not have a tort claim (a lawsuit against another person), so Thomson, Rogers advanced a catastrophic accident benefit claim through his no-fault accident benefit insurer.
Through their efforts, the lawyers at Thomson, Rogers succeeded in forcing Kyle’s accident benefit insurer to fund hundreds of thousands of dollars in further treatment to get Kyle’s recovery back on track. They also forced the insurer to pay Kyle over $70,000 in past-due “non-earner benefits” that he was entitled to.
With access to further rehabilitation therapy and treatment, as well as the much needed financial resources, Kyle was able to get his life back. With Thomson, Rogers’ involvement in this case, Kyle was able to seek out and obtain full-time employment, become involved in a healthy romantic relationship and start his own family. Ultimately, Thomson, Rogers settled Kyle’s accident benefit claim for in excess of a million dollars to ensure that Kyle would have access to life-long treatment and long-term financial support.*
*Past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.