In The News

17-year-old Bicycle Accident Victim with Soft Tissue Injuries Settles Personal Injury Claims for $2.95 Million

In late 2017, Jane*, a 17-year-old Grade 12 high school student was struck by a motor vehicle while she was crossing the street on her bicycle. She was on her way home from the park after hanging out with her friends. She was initially noted as only sustaining soft tissue injuries to her arms and legs.

There were significant issues involved in fighting this claim. Jane was riding her bicycle in the middle of the intersection, which she was legally not allowed to do. Immediately after the accident, she told police that she was “fine” and opted not to go to the hospital.

Before the accident, Jane had significant pre-existing issues including an eating disorder, alcohol addiction issues, cannabis use, and depression with several pre-accident suicidal attempts. Considering her cannabis use, it was a live question as to whether she was impaired at the time of the accident.

Jane was initially categorized by her accident benefits insurer as having sustained minor injuries. Her attempts to settle with the defendant driver were less than fruitful with the insurer low balling her with offers reflective that they believed Jane’s injuries to only be minor. The insurer’s first offer at a formal mediation was $35,000.

Two years after mediation, we sent a formal Rule 49 offer to settle, encouraging the defendant and his lawyer to settle sooner rather than later. We knew what this case was worth, and we were not going to roll over. Defence counsel increased their offer by $365,000 to $400,000. We knew it was still not enough. We remained steadfast that this case would be settling for close to the $2,000,000 policy limit.

Although the initial injuries did not seem severe, Jane deteriorated psychologically. Her soft tissues injuries developed into chronic pain, and the restrictions in her day-to-day functioning began to frustrate her mentally. She would start acting out at home, she could not go to school or work, and began to drink and use illicit substances as a means of coping with her pain.

Despite the initial characterization of her injuries being minor by the insurance company, and the low ball offers to settle by the defendants, the Campisi team made sure our client had the support she needed during her recovery. We ensured Jane had the proper treatment supports even when the insurer was denying her funding, and pursued the appropriate medical legal experts to explain her injuries. The medical experts assisted the parties and the court in understanding that Jane was trapped in a vicious pain-anxiety-depression cycle which, despite her pre-existing issues, was causing her to abuse alcohol and drugs to cope.

While the defendant’s offer of $400,000 stood for years, the Campisi team kept working away. The trial team of Imtiaz Hosein and Delaney McCartan were quietly preparing the case for trial, ensuring that all witnesses were prepared, and all documents needed for court were ready. On the doorsteps of trial, and after seven years of fighting, the defendant would settle with Jane for $1.95 million. Her accident benefits insurer would settle with her for $1 million, resulting in $2.95 million recovered.

We fought hard for Jane to ensure that she was properly compensated. We never backed down in the face of what others might consider to be bad facts or a difficult case to prove at trial. We knew that Jane needed help and deserved to be properly compensated and we were going to do what was needed to get the job done. To ensure justice for Jane. Because we are champions with heart.

*The client’s name was changed to protect the identity of the client. Her story was used with her permission.




Imtiaz Hosein
About Imtiaz Hosein
Imtiaz Hosein is a personal injury lawyer that joined the Campisi LLP team in 2017. He represents seriously injured and disabled clients in both tort and accident benefits claims. Imtiaz works diligently and is relentless in the pursuit of justice on behalf of his clients to ensure the fair compensation they deserve. He takes great satisfaction in being a part of a team that strategically and creatively works to help meaningfully restore the lives of those who are seriously injured and to give peace of mind to their families. In the spirit of Campisi LLP, Imtiaz has developed novel legal arguments that he has successfully advanced in the pursuit of justice for his clients. He is a passionate advocate and has appeared before the Ontario Superior Court of Justice and Licence Appeal Tribunal. Imtiaz was called to the bar in Ontario in 2017. He is a member of the Law Society of Ontario and the Ontario Trial Lawyers Association.

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