At Foisy & Associates, every client’s story begins long before we meet them. Many have already faced years of recovery, disappointment, and the weight of being misunderstood. What they need is not just legal guidance, but someone willing to listen to the setbacks, the progress, and the parts that do not fit neatly into a claim form.
This case story follows “Emma” (name changed for privacy), a client who had been through multiple accidents and was told by others that her case was too complex to pursue. What others dismissed as history, we saw as context and as the foundation for justice.
Meet “Emma”
Emma had already endured more than her share of hardship. By the age of 48, she had sustained two serious brain injuries as a result of previous motor vehicle accidents. While these events left lasting impacts on her cognitive and emotional health, she showed resilience and a strong commitment to rebuilding her life. She secured disability benefits, accepted a structured settlement, and began to focus on long-term rehabilitation.
Her path forward was shaped by a new philosophy centred on wellness. She immersed herself in yoga, mindfulness, and holistic practices that allowed her to manage her health without relying on medication. These efforts brought about meaningful improvements in both her physical and mental wellbeing. With plans to deepen her skills through a training program abroad, Emma had reason to be hopeful.
That progress was stopped by a third motor vehicle accident.
Another Accident With a Deeper Impact
Emma was walking home from a grocery store when a driver failed to stop at a pedestrian crosswalk. She was struck by the vehicle and suffered another traumatic brain injury, further aggravating her already complex medical history.
Despite the similarities between this and her earlier injuries, the consequences of the third accident were fundamentally different. The progress she had made through years of rehabilitation began to unravel. She experienced heightened anxiety, severe tinnitus, and a resurgence of emotional distress. Her former coping strategies, including her holistic approach to wellness, no longer provided relief. She returned to prescription medication and entered a period marked by addiction and impulsive behaviour.
While the physical symptoms may have mirrored those from her past, her functional capacity had significantly changed. She could no longer engage in the activities that had given her a sense of purpose and direction. The training course in India she had carefully planned was no longer possible. The structure she had created to support her mental and emotional health collapsed.
A Unique Legal Challenge
When Emma sought legal representation, she was turned away by several firms, including the one that had handled her prior cases. Many legal professionals considered her circumstances too complex, assuming her previous settlements and disability status made the new claim untenable.
Our team approached her situation differently. We focused not on the diagnostic repetition, but on the loss of function and disruption to a rehabilitated lifestyle. At the time of her third accident, Emma had been engaged in meaningful activity. She had voluntarily contacted Canada Pension Plan Disability to report that she was pursuing limited employment within the allowable thresholds. She was participating in community wellness programs, guiding yoga sessions, and gradually reclaiming a role in her own recovery.
We documented these efforts extensively. Social media records, correspondence with CPP, and personal testimony provided compelling evidence that Emma was on a path toward stability and improved quality of life. The third accident altered that trajectory, and we believed it warranted a fair and measured legal response.
Proving Impact Through Loss of Function
In cases involving cumulative injuries, it can be challenging to demonstrate the distinct impact of each event. We approached this matter by carefully assessing what Emma was able to do before the accident that she could no longer do afterward. Her ability to pursue wellness activities, remain medication-free, and maintain a structured, purposeful routine had been substantially impaired.
The legal strategy did not rely solely on comparing clinical reports. It required a deeper understanding of how her functionality had changed and why that change mattered. Emma had previously adapted to her limitations. She had found new ways to engage with the world and had created a support system rooted in healthy practices. The loss of that system had a profound effect on her mental health and overall wellbeing.
By taking the time to listen to her story, asking the right questions, and reviewing the evidence holistically, we were able to build a case that reflected the reality of her situation.
Justice Beyond the Diagnosis
We resolved Emma’s case with a financial settlement that reflected the ongoing impact of her injuries. She retained her disability benefits and received compensation that provided both recognition and relief. The outcome allowed her to focus on continued recovery without the added burden of financial uncertainty.
Importantly, we preserved the option to pursue a catastrophic impairment designation in the future if her condition deteriorates. This was a deliberate decision, recognizing that the full consequences of the third injury may not yet be fully known.
Throughout the process, Emma expressed that our approach was different from what she had experienced before. She told us that the questions we asked and the way we treated her made her feel respected and heard. That sense of being seen as a person rather than as a case file was as meaningful to her as the settlement itself.
Advocating with Compassion
Legal representation should reflect both technical knowledge and human understanding. Emma’s story illustrates how a thoughtful, client-centred approach can reveal the true extent of harm when others fail to look closely enough.
Our commitment to asking deeper questions, understanding functionality, and seeing clients beyond their medical histories allows us to pursue fair outcomes in cases where the impact of injury cannot be captured by diagnostic reports alone.
If you have been injured and feel your story has not been fully understood, we are here to listen.
Schedule a free consultation with our team today to explore your legal options and receive the support you deserve.
