A case study by Aidan Vining
In July 2018, an elderly man was driving his vehicle along a country road, accompanied by his wife in the passenger seat. Road conditions were clear: the weather was fine, and the sun was shining. A green traffic light hung above the intersection as he approached.
The elderly man attempted to continue through the intersection when, suddenly, a second car ran the red light and crashed into the side of the couple’s vehicle at a high rate of speed. The elderly man could do nothing to avoid the collision, and the couple’s vehicle went into the ditch and smashed into a hydro pole.
The impact inflicted significant injuries on the elderly couple. The man suffered a concussion, neck strain, cognitive deficits including reduced concentration and memory, as well as changes to his mood and personality. Sadly, the elderly man passed away before the conclusion of his lawsuit. His final years of life were spent in pain as a result of the injuries he sustained in the crash.
The elderly woman also suffered serious personal injuries, including:
- Left wrist fracture
- Left pubic rami fractures
- Multiple left-sided pelvic fractures involving the superior and inferior pubic rami, sacral wing, iliac bone, and superior aspect of the left SI joint
- Left clavicle fracture
- Decreased mobility and functional tolerances
- Sleep disturbances
- Anxiety
The Aftermath
The collision severely diminished the couple’s quality of life. The elderly woman reported that her hand is stiff and swollen, as if it has been ‘smashed’ – and has experienced an inability to hold objects without dropping them. She has suffered emotional difficulties, fatigue, and constant pain. She has been unable to continue participating in activities from which she previously derived meaning and joy, including exercise, self-care, and housekeeping. The elderly man struggled to balance while standing. He had difficulties sleeping, which caused constant fatigue. Simply having a conversation with other people became nearly impossible, as he could not maintain the necessary focus and attention. For the final years of his life, he experienced constant low mood and motivation, and high levels of stress, anger, sadness, and anxiety.
The couple needed professional assistance to alleviate the hardship caused by the crash. However, the cost associated with proper treatment is prohibitive and often results in victims not receiving the care they need and deserve.
The elderly couple called McLeish Orlando for help and were immediately connected to our team of experienced personal injury lawyers. We connected the couple with our network of healthcare providers and arranged treatment with various trusted professionals, including occupational therapists, physiotherapists, physiatrists, attendant care, assistive devices, speech language pathologists, counselling, and neuropsychological assessments. McLeish Orlando is proud to arrange for these services without any out-of-pocket expenses to our clients.
The Settlement
From the outset, this case was strongly defended by the Defendant’s insurance company. In furtherance of our clients’ case, we obtained numerous expert medical opinions which outlined the injuries sustained and the resultant impact on the lives of our clients. While the object of these negotiations is to restore the client to the position they were in before the collision, money will never be able to compensate for injuries suffered, diminished quality of life, or death. However, a well-negotiated settlement can relieve financial stresses associated with costs of treatment or unemployment and can significantly improve quality of life. Most importantly, a fair settlement helps to ensure victims have access to professional help vital for recovery.
The insurance company focused on the couple’s pre-collision health history and took the position that the couple’s injuries were overstated. It was also argued that the couple’s health would have naturally declined with age, regardless of the crash. Our team of personal injury lawyers advocated on behalf of the couple and ensured they received the compensation they deserved.
McLeish Orlando was happy to inform the elderly woman that we obtained $1,000,000 in compensation for her injuries and for the pain and suffering experienced by her husband. This figure guaranteed access to healthcare for the elderly woman, and obtained justice for the elderly man, whose enjoyment of life was harshly diminished during what should have been his golden years.
