A sad part of personal injury law is that we meet our clients in the aftermath of their worst-case scenario: after the injury, after the diagnosis, and after their lives have already been split into the “before” and “after”.
Often, what they need isn’t just legal advice, but someone who will listen carefully to what has changed, what has been lost, and what it will take to move forward.
This case follows Ben and Margaret (names changed for privacy), a couple whose lives were permanently changed after Ben was in a motorcycle accident. Ben’s injuries were serious, recovery uncertain, and care needs were almost impossible to manage alone. What followed was not just a legal case, but a long-term strategy built by our team to help Ben and Margaret reclaim stability and a future worth fighting for.
Meet Ben
Ben was the kind of man who filled a room with his presence. He was a guy’s guy, an avid dart player, a loyal teammate on his softball team, and a lover of riding his motorcycle and having drinks with friends. Ben worked hard and lived a full life with his wife, Margaret.
After a devastating motorcycle accident, Ben suffered a traumatic brain injury that would reshape his future, and Margaret’s, in ways neither could have imagined.
Motorcycle Accident Leads to Brain Injury
Despite wearing a helmet, the force of the motorcycle accident left Ben with a severe brain injury, multiple fractures, and extensive neurological damage. Ben was moved from hospital to hospital before eventually arriving at a rehabilitation facility.
When our team first met him, Ben was unrecognizable.
The man Margaret married, the one who cracked jokes and played darts at the pub, was gone. In his place was a man who struggled to regulate emotions, speech, and behaviour. Ben said whatever came to his mind, often saying inappropriate or deeply hurtful things that stemmed from his brain injury. He had significant left-side weakness across his body, could no longer walk, and cognitively was trapped behind a fog of confusion and trauma.
Managing a Complicated Case Strategy
It was clear to us from the start that Ben’s case would be complex. The nature of his injuries meant he would be designated catastrophically impaired. Our initial estimates showed that his care needs in his initial state would exceed $13 million over his lifetime, an overwhelming reality for any family.
There were also questions about liability; witnesses suggested that Ben may have contributed to the accident. However, because the damages were so high, even a small percentage of at-fault responsibility by the other party meant we could still access the full value of the other driver’s $1 million tort policy.
Securing compensation was only part of the battle. For Ben and Margaret to survive, our firm had to take a different approach, one that would require patience, trust, and careful use of every resource we could get our hands on.
Prioritizing Ben’s Recovery and Refusing to Settle Early
In most cases involving catastrophic injury, there is pressure to settle early to secure funding. But settling Ben’s file quickly would have meant accepting a lifetime of limitations: a future of 24-hour care, a permanent hospital bed in his living room, and a complete loss of independence for both Ben and Margaret.
We chose a different path. We made the decision to delay settlement and instead use the available funds to aggressively support Ben’s rehabilitation. Doing so successfully would save him millions in future care needs and help him and his wife return as much to normalcy as possible.
Ben’s injuries led to using nearly $800,000 of his $1 million in accident benefits on intensive rehabilitation: physiotherapy, cognitive therapy, psychological support, and in-home modifications. This required careful management of every dollar available, and a long-term commitment from our team. We oversaw his care like a project manager, working alongside case managers and medical providers to ensure his treatment plan stayed effective.
Challenging Ben to Push Forward
Through years of collaboration, our team developed a close relationship with Ben and Margaret. We came to understand when encouragement was needed and when it was time to push Ben out of his comfort zone.
At times, progress plateaued. When Ben’s initial physiotherapy stopped producing results, we made the difficult decision to suggest a change in care providers. We knew Ben was capable of more, and we made sure every provider on his team shared that same commitment. That decision marked a turning point. The new team challenged him to do more than adapt to his limitations, to fight his way back to his old life.
Ben began with small steps: eating dinner in a chair instead of his hospital bed, practicing standing, and relearning how to use his muscles. Eventually, those small steps turned into milestones: walking across the room, climbing the stairs, and showering independently.
Ben’s goals were profoundly human: to sleep in his own bed, to make love with his wife, to return to his dart league, to feel like himself again. Through persistence, teamwork, and dedication, Ben achieved them.
Margaret’s Journey Through the Trauma
While much of this story centers on Ben’s recovery, Margaret’s experience was no less important. After the accident, she became his full-time caregiver, navigating his care, managing his emotions, and absorbing the brunt of his outbursts during the most disorienting stages of his recovery.
Maragret was grieving a partner she no longer recognized and carrying the emotional load of an uncertain future. We ensured she had access to the support she needed as well.
Margaret received psychological care through the insurer’s extended mental health benefits, which covered up to $65,000. She also qualified for income replacement benefits while she was unable to work. With this support, she worked with her own care providers, participated in therapy, and built a path forward that was not defined by caregiving alone.
Today, Margaret is no longer Ben’s full-time caregiver, she is his partner.
Settling Seven Years Later
This case took seven years of strategy, care coordination, and legal advocacy before we finalized the settlement. But by that time, Ben no longer needed around-the-clock care. He had regained enough function to manage his daily life and live independently, Margaret was now able to consider returning to work, and the couple had regained control of their future.
At settlement, the remaining funds were placed into a structured arrangement to provide long-term financial stability. But more importantly, our original projection, that Ben would need $13 million in care, was no longer accurate. Because of the recovery he achieved, that level of funding was no longer necessary.
By delaying settlement, using resources wisely, and staying involved in every step of care, we ensured Ben and Margaret had something no insurance payout can guarantee: independence and hope.
Compassionate Motorcycle Accident Lawyers in Ontario
Ben’s recovery was possible because the right support was in place, both medically and legally. When the path forward is complex, you need a team who won’t give up.
If you or a loved one has been injured and need a motorcycle accident lawyer in Ontario, contact Foisy & Associates. Schedule a free consultation with our team today to explore your legal options and receive the support you deserve.
