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Soft-Tissue Car Accident Case Comes to a Successful Resolution: A Case Study

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Soft-Tissue Car Accident Case Comes to a Successful Resolution: A Case Study

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
soft-tissue car accident case

Car Accident with Soft Tissue Injuries

The Plaintiff, male in his 40s, was involved in a high-speed roll-over accident on Highway 401. He was merging from express into collector lanes when he was struck by the Defendant’s car. Upon high-energy impact, the Plaintiff’s car rolled over several times, landing on its wheels. The Plaintiff was wearing a seatbelt. The air bags did not deploy.

The Defendant admitted liability for the accident.

The Plaintiff did not suffer any broken bones in the accident. There was no loss of consciousness. He reported being sore and stiff everywhere to the paramedics at the scene. He was taken by ambulance to the Hospital. The injuries were determined to be soft-tissue sprains and strains of the lumbar and cervical spine as well as the right shoulder. He was discharged from the hospital after a few hours with some pain medication and a recommendation to follow up with his family doctor.

Car Accident Benefits Claims

The Plaintiff made a claim for Accident Benefits to his car insurance company. The insurer immediately deemed his injuries to fall within a Minor Injury Guideline, which provides only up to $3,500 in Medical and Rehabilitation Benefit.

The Plaintiff did not work for about 6 months after the accident complaining of lower back pain. He received short-term disability through his group insurance benefits. Upon his return to work, the Plaintiff managed to work without any interruption. His income grew steadily over the next three years. He sustained no income loss.

Proving “Threshold” for Soft-Tissue Injuries in Motor Vehicle Accidents

Based on the facts outlined above, this is a tough case for the Plaintiff. One of the main obstacles is overcoming “threshold” provisions under the Insurance Act, R.S.O. 1990, c. I.8: in order to recover certain types of damages the Plaintiff must prove that his injuries and impairments can be considered “permanent and serious” arising from the motor vehicle accident. Proving “threshold” is a lot more difficult in soft-tissue injuries cases.

Medico-legal opinion by an expert orthopedic expert, whom we retained, solidified the Plaintiff’s case. Evidence of post-accident treatments, which became more frequent after the car accident, was also very helpful. As a result, the Plaintiff was able to recover a significant amount for pain and suffering damages and future costs of care. Further, we managed to get him out of the Minor Injury Guideline in the Accident Benefits context and to settle his Accident Benefits claims for good money.

Coming to a Successful Resolution

We were able to bring this soft-tissue car accident case to a successful resolution by effectively arguing that the Plaintiff’s accident injuries met the threshold of “permanent and serious” because of his pre-existing history of lower back pain with Degenerative Disc Disease. Crucial supportive evidence was provided by an expert spinal orthopedic surgeon.

The case was settled at mediation for a substantial amount of money. We were able to prove that in the accident the Plaintiff suffered a marked exacerbation of the lower back pain, which lower back pain was pre-existing. Pre-accident medical records showed that the Plaintiff had a long-standing history of lower back pain due to Degenerative Disc Disease, which made his lumbar spine weak and susceptible to traumatic injuries, like the one that happened in the subject accident.

In these difficult cases, it’s important to contact an experienced motor vehicle accident attorney.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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