Overturning An Insurance Claim For A Brain Injured Driver

Alexander M. Voudouris

Overturning An Insurance Claim For A Brain Injured Driver

June 14, 2018

Background:

A man in his 50s has a heart attack while driving. He bounces off the guardrails several times and then lands in a ditch. A tow truck driver is on scene within 60 seconds and calls 911 while he does his best to save the driver’s life.

An ambulance is on scene at around the 11-minute mark. Six to twelve EMS personnel work to stabilize the vehicle and it takes six minutes to extricate him to perform CPR and provide defibrillation.

Thirty-five minutes later he has a normal heart rate, but his brain is permanently damaged.

Today, he can’t do anything by himself. Can’t talk. Can’t walk independently. Can’t go to the bathroom. He has lost full independence.

He claims accident benefits from his motor vehicle insurer because he has an impairment as a result of the car accident. The insurance company’s position, however, is that his injuries are a result of the heart attack not the use of the car. They deny the claim.

The Prime Solution:

The Equity Law Firm LLP team works to show that it was the car that created the delay – preventing intervention and resulting in the brain damage.

They track down the tow truck driver who explains that, as a result of the soft seats and the unpredictable position of the car in the ditch, he was unable to provide CPR, creating a time gap before medical intervention could proceed.

The Result:

Equity Law Firm LLP appeals the insurer’s decision claiming medical intervention for the driver was delayed as a result of the circumstances of the car’s structure and placement, and won the appeal resulting in a quick and very favorable settlement.

About 50 per cent of all acquired brain injuries in Canada come from motor vehicle accidents and falls. The financial impact of catastrophic injuries is immense. A good lawyer understands this and will not give up because the stakes for the victim are too high.

If you, or a family member have been catastrophically injured call Equity Law Firm LLP for a free assessment. We are here to help.

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401 Bay St. Suite 1600, Toronto,
ON M5H 2Y4, Canada
Tel: +1 416 225 2598