The top five personal injury settlements in Canadian history

Initiating a personal injury lawsuit may seem like a money grab, but in most cases the injured party has had his or her life severely altered from a legitimate accident, and financial compensation is vital to their recovery. An experienced, local Oakville personal injury lawyer can help injury victims access rehabilitation services and regain a measure of control over their lives.

Will Davidson LLP stands by the principle that an individual is entitled to full compensation for the actual cost of the care that he/she needs for the rest of his/her life. When faced with the aftermath of a tragic accident, an Oakville personal injury lawyer can be invaluable. While court costs will exist regardless of your case’s outcome, your lawyer’s fees will be paid in the form of a percentage of the compensation you receive from your winning case. This payment structure incentivizes lawyers to win big on your behalf.

When a person suffers a serious personal injury, their cost of living can grow exponentially. As such, we have compiled a list of the largest personal injury settlements in Ontario to illustrate the range of compensation possible in this province. These results prove the potential benefits of initiating a personal injury claim.

1. Marcoccia v. Gill, Purba Furniture Ltd. and Ford Credit Canada Ltd.

Decision: Robert Marcoccia awarded $16.9 million by jury in 2009

In June 2000, 20-year-old Robert Marcoccia was driving his Honda Civic when an oncoming furniture truck attempting to make a left turn collided with him at Rexdale and Humberwood boulevards in Toronto. The truck driver, Bhupinder Singh Gill, entered the intersection while the light was amber, and the left turn was conducted when the light turned red. Marcoccia sustained injuries to the frontal and temporal lobes of his brain from the collision.

Marcoccia’s personal injury lawyer successfully sued the furniture truck driver, the driver’s employer, and the employer’s insurance firm. As a result, Gill, Purba Furniture, and Ford Credit Canada Ltd. were found liable by a jury, and ordered to pay Marcoccia a total of $16.9 million in damages. This is the highest personal-injury award ever won in a Canadian court.

2. Sandhu v. Wellington Place Apartments

Decision: Harvinder Sandhu awarded $14.2 million by a jury in 2008

On June 5, 1997, two-year-old Harvinder Sandhu endured a five-storey fall through a damaged window at his aunt and uncle’s apartment in Wellington Place Apartments on Martin Grove Road in Toronto. The screen of the window the toddler fell from had been in need of repair, a repair the landlord had neglected to make, despite having been made aware of the problem some time before. As a result of falling five stories directly onto concrete, Sandhu suffered severe injuries, which included multiple fractures and a permanent frontal lobe brain injury.

The Sandhu family and their lawyer sued the landlord, Wellington Place Apartments, and were awarded $14.2 million for damages.

3. Gordon & Morrison v. Greig

 Decision: Derek Gordon awarded $11.37 million and Ryan Morrison $12.33 million in 2008

In September 2003, near Bradford, three young men were travelling together in a pickup truck. Ryan Morrison and Derek Gordon were passengers, and Corey Greig, who had been drinking, was the driver. While driving at high speed on City of Kawartha Lakes Road No. 4, Greig swerved to avoid an oncoming car. Subsequently, Greig lost control and the pickup rolled off the road, throwing Morrison and Gordon into a ditch.

Morrison suffered a spinal cord injury, rendering him paraplegic. Gordon sustained a brain injury so severe it left him without bladder and bowel control, and without any sense of smell, taste, hunger, temperature or sexual function.

As a result, the judge awarded Morrison and Gordon a combined total of $24 million, minus a minuscule deduction for contributory negligence, which broke down to $12.3 million for Morrison and $11.5 million for Gordon. Morrison’s awarded amount is the largest in Canada for a spinal cord injury, and Gordon’s is one of the largest awarded amounts for a brain-injured adult in Canada.

4. MacNeil v. Bryan

 Decision: Katherine-Paige MacNeil awarded $18.4 million in October 2009

On August 2, 2002, in Adjala-Tosorontio Township, northwest of Toronto, a serious motor vehicle crash occurred as a result of running a stop sign. Driving with 15-year-old Kathrine-Paige MacNeil in his grandmother’s 1989 Ford Tempo, 16-year-old Trevor Bryan went through a stop sign on a rural road, which sent the car airborne before it smashed into a ditch.

MacNeil suffered catastrophic injuries including a skull fracture which left her with multiple, permanent brain injuries. The judge awarded MacNeil $18.4 million.

5. John Doe v. City of Toronto

 Decision: John Doe awarded $4.45 million in 2001

The settlement has to do with an incident in which a lifeguard was alleged to be at fault. The City did not release details of the case as it is covered by a confidentiality agreement, but this is the largest payment the City of Toronto has had to pay out.

How Can an Oakville Personal Injury Lawyer at Will Davidson LLP Help You?

As illustrated above, compensation awarded in Canadian personal injury settlements span a large range. The amounts mentioned above are unique to their individual cases, and don’t set the bar for yours. To ensure you have representation that is right for your situation, accident victims should seek the services of an Oakville personal injury lawyer or disability lawyer. The lawyers at Will Davidson LLP are experienced professionals who can help victims and their families obtain money to help rebuild their lives after suffering a tragedy.

 

Injuries in childbirth can be devastating. Here’s how an experienced birthing injury lawyer can help.

For most parents, discovering they will be welcoming a new child into their lives is an exciting and joyous time. They endlessly prepare their homes and their hearts to ensure everything is just right when the new member of their family comes along.

Few people expect the birthing process to be easy, of course. But fewer still anticipate the prospect of birthing complications, from cuts and bruises to life-threatening injuries, which can impact the health of both mother and child. If you or your spouse has suffered an injury during childbirth, consider contacting a birthing injury lawyer at Will Davidson LLP today.

What is a birth injury?

Birthing injuries can be divided into two distinct categories:

Birth defects: Birth defects are caused by a prenatal condition or action, such as genetic defects or maternal drug use. They manifest in a variety of ways, including down syndrome, congenital heart defects, and physical malformations.[1]

Birth Injuries: Birth injuries, on the other hand, occur during the actual birthing process. While most injuries are minor (bruises, small lacerations, etc…) and often resolve themselves, some can be more severe. For example, birth injuries can lead to brain hemorrhaging, nerve injuries, and perinatal asphyxia, which can result in permanent developmental disorders. [2]

In the United States alone, approximately 28,000 children suffer birthing injuries each year.[3] However, the distinction between birth injuries and birth defects is not always clear cut. It can be difficult to tell if a child’s developmental disorder is the result of the birthing process or a pre-existing genetic condition, which is why families who have endured this tragic experience should contact an experienced birthing injury lawyer before considering a legal claim.

What are the consequences of a birthing injury?

Birthing injuries can have a staggering impact on an individual or a family’s quality of life. To begin with, they can cause serious developmental disorders, like cerebral palsy, in affected children. Parents must face not only the emotional consequences of these injuries, but also cope with the financial challenges that come with caring for a disabled child. Between healthcare, physical therapy, counseling, and wages lost to providing care, birthing injuries can take a powerful financial toll on families.

If you believe your child has suffered a birth injury, there may be benefits to initiating a lawsuit. Contact a birthing injury lawyer at Will Davidson LLP to better understand how a lawsuit could help recoup past, ongoing, and future medical expenses; lost wages; and damages for pain and suffering or emotional harm.

In cases where the injury is a result of negligent medical practices, a successful birthing injury lawsuit can also act as a deterrent against future similar events. By initiating a personal injury claim, you may be sparing other parents your difficult experiences.

How do I bring a successful lawsuit?

Birth injury lawsuits require demonstrating that a medical practitioner or individual responsible for the birthing process owed you a duty of care which was breached in a negligent manner, and that this negligence resulted in an injury to your child. This can be a difficult process for several reasons.

First, it is not always easy to distinguish between a birth injury and a birth defect. As such, expert opinions supporting your claim are crucial to building a viable case against an obstetrician.

Second, proving the negligence of a medical practitioner can be an onerous task, one which requires obtaining and carefully examining many pages of medical records.

Due to these challenges, it is important to retain an experienced medical malpractice or birthing injury lawyer who can effectively build a strong case for you.

 I think my child may have suffered injuries during the birthing process. What do I do next?

If the birthing process has left your child with a developmental disorder or serious injury, there is a possibility that he or she may have suffered a birth injury. An experienced birthing injury lawyer from Will Davidson LLP can help assess your case and get you the results you deserve. Call us today to schedule your no-obligation consultation.

[1] http://kidshealth.org/en/parents/birth-defects.html

[2] https://www.merckmanuals.com/

[3] http://www.rightdiagnosis.com/b/birth_injury/stats.htm

Why Hire an Oakville Personal Injury Lawyer?

As Toronto grows into a world class metropolis, individuals living outside the city’s core are flocking downtown in search of the best quality legal representation. However, the best representation can often be found closer to home: if you or someone you love has suffered a serious injury, consider hiring a local Oakville personal injury lawyer for the following reasons:

Location and Cost

When a person suffers an injury, they will often seek out a sense of resolution or closure, which can be achieved, in part, through a monetary award. Effective legal representation is essential to reaching this sense of resolution, but high-quality representation can be expensive: disbursement fees, which clients are ultimately responsible for paying, are incurred throughout the legal process, and can have reduce the sense of satisfaction that a positive outcome might bring. By selecting a lawyer located nearby a local courthouse, clients can ensure minimal travel times on motions, hearing, and other court proceedings, thereby keeping costs low. Will Davidson’s Oakville offices are ideally located within a half-hour commute to courthouses in Milton, Brampton, Toronto, and Hamilton.

Convenience

Unfortunately, personal injury claims require more from injury victims than simply retaining a lawyer and waiting for their case to be resolved. Rather, litigants’ involvement is often required throughout the proceedings, including during initial client intake interviews, examinations for discovery, settlement meetings, mediation, and arbitration. Between these stages, clients often meet regularly with their lawyers to assess changes, prepare for different stages of litigation, and discuss the status of their case. Clients can save time and money by selecting a local Oakville personal injury lawyer.

Familiarity with Court Procedures

Procedures for attendance at different stages of litigation such as trial scheduling, motions, pre-trials, and filing materials may vary by courthouse. Failure to properly comply with relevant court procedures can result in costly mistakes, and can hurt the client’s chances of obtaining an expeditious judgment. An Oakville personal injury lawyer is more likely to be familiar with local courthouses’ unique procedures, ensuring your case is litigated in the most efficient and effective possible manner.

Investigating your Case

A strong personal injury case requires a thorough investigation of the parties involved and the circumstances leading to the injuries, and identifying who should be held responsible. A local Oakville personal injury lawyer is more likely to be familiar with the location and parties involved in the dispute, and is therefore better positioned to earn their clients the resolution they seek. By hiring a local lawyer, injury victims are also hiring the unique experiences and relationships that lawyer has within the community.

Personal Injury Experience

In the legal world, your reputation is everything. When commencing a lawsuit in a small legal community like Oakville, hiring an experienced, well-respected personal injury lawyer is critical. A local Oakville personal injury lawyer with a strong reputation will be able to command greater authority when advocating on your behalf.

If you or a member of your family has been injured and is considering bringing a personal injury claim, contact an experienced Oakville personal injury lawyer at Will Davidson today. We will be pleased to provide you with a free, no-obligation consultation.

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