Highest award against auto insurer in Canada
In October 2000, T.N.’s life changed forever when she was involved in a serious car accident that resulted in her suffering a catastrophic brain injury.
Due to her debilitating injuries, she required help with daily living activities and could not live independently. Her insurer did not explain what services were available to her or pay for what she was entitled to. Her first lawyer did not dispute any attendant care benefits for several years. For half a decade, T.N. continued to suffer from anxiety, insomnia and loss of appetite. T.N.’s doctor recommended she get a second legal opinion. That`s when T.N. turned to Carranza LLP.
Her lawyer disputed with the insurer, claiming round-the-clock Attendant Care Benefits, and undertook a relatively rare interim proceeding; seeking immediate 24-hour a day care for her while she waited for the main hearing to take place.
Happily for T.N., she won a sizable award as a result of the arbitration decision. She received, the Attendant Care Benefits, Housekeeping and Home Maintenance and Income Replacement Benefits that would allow her to receive care twenty-four hours a day, seven days week.
The award likely represents the largest amount of benefits that have ever been granted by an arbitrator at the Financial Services Commission of Ontario. To help ease her pain, T.N. was also awarded access to medical marijuana, the first time ever in Ontario that it has been given under automobile no-fault benefits.
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