Recorded Payouts Set New President In Canada And The UK

Lawyers at Lerners LLP has obtained, what is believed to be the highest personal injury compensation payout, ever made in a Canadian court. The ruling on the 20th of April, at the Ontario Court of Appeal upheld a previous jury verdict that had awarded damages of $16.9 million, plus interest, to a Toronto man who suffered serious injuries in an car accident after his car collided with a leased furniture truck.

Nancy Ralph, now a partner at Lerners, was the lawyer who represented the man at a trial last year. Earl A. Cherniak and Kirk F. Stevens of Lerners were the appeal counsel for the plaintiff at the Ontario Court of Appeal. "This is a significant judgment," said Nancy Ralph.

"It means that the Court of Appeal has upheld the principle that an individual is entitled to full compensation for the actual cost of the care that he needs for the rest of his life. This result raises the bar for future care costs for personal injury cases."

The accident, which happened on June 8th, 2000, left the victim with serious and permanent impairments due to brain injury. He suffers from diminished executive functioning, and has had to endure physical, psychological, behavioural, and emotional impairments that leave him unable to live with normal adult independence and requiring constant care. The other vehicle was a truck leased to Purba Furniture Ltd, which was owned by Ford Credit Canada Limited.

Compensation awarded to the victim by the jury included almost $14 million for his future care, $1.4 million for his future loss of income, over $700,000 for future corporate guardian costs, $400,000 for future legal fees of the guardianship, and over $300,000 in general damages. Other damages were for past loss of income and future co-guardianship costs.a
Ms. Ralph, who joined Lerners as a partner last September, was also the counsel in a case that was previously believed to be Canada's highest personal-injury award. The Sandhu v. Wellington legal case, involved a two-year-old boy, who suffered a severe brain injury after falling from a fifth-storey window. A jury awarded $13 million, and the verdict was upheld by the Ontario Court of Appeal.

This new record in Canada comes around the same time a young footballer, who never was, has been awarded £4.3 million pounds after a reckless tackle ended his career short. After a reserve game against Middlesbrough, the Manchester United youth player suffered a broken leg in two places, which effectively ruined his career.

The payout was based on potential earning that he could have earned if his career took off in football. A personal injury lawyers following the case however, reflected on a verdict, which will possibly set a precedent for future cases."

Ian Blackshaw said: "Just because somebody has come through the academy and has started to play, it doesn't necessarily follow that the next 12 years will be brilliant, and that has to be reflected in the level of damages."

The new recorded payouts in the UK and in Canada have set a new president in both countries for the amount of compensation received for future loss of earnings and future expenditure due to the injury.



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