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The following are actual cases conducted by our personal injury lawyer team, followed by feedback we received from our clients.
Car Collision Injury
SP was a front seat passenger in a car that was driven by her husband. Her husband failed to stop the car at a stop sign and was struck by another car with a driver and 3 passengers that had the right of way and was proceeding through the intersection. The collision resulted in 4 plaintiffs, including the spouse of the at fault driver. The matter was complicated by the number of plaintiffs, whose combined damages claims exceeded the liability coverage of the at fault driver. SP was suffering from brain injury and concussion symptoms that affected her ability to continue to work and her activities of daily living. With the use of experts, we were able to demonstrate the impact of the injuries on SP and we were able to negotiate a satisfactory settlement at mediation involving all the plaintiffs.
Following a bad car accident, I used the services of Rob Deutschmann in filing my insurance claim. From the first day I was well taken care of and I felt secure that my case was followed with care. It’s now behind us and I’m quite satisfied with the settlement. Thank you Rob, Kelly and Norma.
Car Accident Injury
Joseph was hurt in a car accident. His car was at a stop when he was hit from behind by one car and pushed into the car in front of him. He suffered from pain in his neck due to bulging discs and in his lower back. Joseph was able to maintain his work in a factory setting, though requiring some modification and lighter duty. Despite continuing to work, Joseph suffered from ongoing pain requiring pain medication. We were able to bring his matter to a final conclusion through settlement negotiations.
"I was very pleased with the quality, attentiveness and responsiveness of our entire team’s services. I would like to express my appreciation for your advice and assistance throughout the process. It was always a great comfort to me to know I could rely on your experience and judgment.
Joseph J. Smith (Kitchener)
Single Vehicle Car Accident
Our client was involved in a single vehicle accident. She was a passenger in a vehicle that was driven by a family member. As a result of the accident our client suffered a severe brain injury that had a significant impact on her cognitive functioning and overall ability to learn. Our client was pre-teen age at the time of the accident. A claim for damages was brought against the family member/driver. A review of medical records showed that the client had a significant learning disability as evidenced by her school records. Some medical assessments also questioned the issue of what was pre-existing and what was accident related. This issue was also disputed by her accident benefit insurer as they denied a Catastrophically Impaired designation. Our office took the position that our client is catastrophically impaired as a result of the car accident. Through the assistance of medical experts highly regarded in this field, and ongoing discussions with defence, we were able to obtain a settlement for just below limits of the defendant’s policy. The accident benefit file remains open and we are continuing to fight the denial of her status as Catastrophically Impaired due to the car accident.
"Overall, we have been very satisfied with the services provided by your firm to us over the duration of our case. The extra attention and support provided to our daughter’s needs has been a really big help over the past few years. She has appreciated it a lot. So in closing, another big thanks for your time and effort."
JV (Waterloo Region)
Car Accident Injury Case with Pre-accident Medical History
MP was involved in a rear end car accident. She worked as a dietary aide in a kitchen at a nursing home. As a result of the car accident she developed chronic back and neck pain that made it very difficult for her to carry substantially all of the duties of her employment. The complicating factor for MP was that she had an extensive WSIB (Workers Compensation) history for similar ailments. Despite her pre accident medical history, we were able to demonstrate that she would return to work during those instances and that is what differentiates the seriousness of the injuries from the car accident as opposed to her pre car accident medical history. We put together a very detailed brief, supported by medical experts, and we were able to come to a very satisfactory result at mediation to close this file and allow MP to move on with her life.
"The staff and lawyers were very courteous and extremely helpful in making my experience comfortable. I would recommend Rob Deutschmann and his team to all my family and friends. Special thanks to Rob Deutschmann and Doug O’Toole. "
Sincerely, MP (Kitchener)
Serious Car Accident
Our client was involved in a serious car accident when he was struck by a vehicle that went through a red light, striking our client’s car and causing his car to spin and then strike a utility pole and then a second utility pole. The client’s car was written off due to the substantial damage. The client was employed with a local manufacturer and was unable to return to his employment. We attended a settlement conference with the insurer but we maintained our position and refused to come to a resolution of the matter on the proposed terms. Several years later, after assisting the client with the continuation of treatment, and obtaining appropriate medical legal opinions, we were able to finally resolve the matter on more beneficial terms for our client.
“I am very happy with the way I was represented. All my legal needs were fully met in my hard situation. I would recommend Deutschmann & Associates to anyone who is in need of excellent legal representation.”
I. P. (Waterloo)
Car Accident Injury Case
Shannon was involved in a car accident. Another car went through a stop sign and T-boned her car. As a result of the accident she suffered back pain, including herniated discs, migraine headaches and chronic pain. She did return to some modified work for a period of time but she was having difficulty with her pre accident employment and prior activities of daily living and recreational activities. After an initial failed settlement meeting, we were able to move the matter along the litigation track which resulted in an improved settlement for compensation and damages.
"From the beginning Doug O’Toole made me feel like he not only cared for me and my family, but he understood and supported me whether he agreed with my decisions or not. He always had my best interests in the forefront. The office staff were always friendly and attentive and everyone involved strived to help make a very daunting process easy for me to understand, and as stress free as possible."
Shannon Reid (Guelph)
Car Accident Involving an Out-of-Country Defendant
CC was in Las Vegas on vacation attending a Nascar race. While there she was struck by a car as she was crossing a road, legally, between the crosswalk markings, on a green light. The other vehicle struck her as the driver was making a left hand turn through the intersection. As a result of the accident CC suffered serious injuries. She suffered a significant injury to her head resulting in loss of consciousness and swelling of her brain. She was required to be airlifted to Ontario for medical treatment. We were successful in having her assessed as Catastrophically Impaired which provided her with access to a higher level of accident benefits. We were able to work with her medical treatment providers, and her employer, and eventually, through access to required medical treatment, CC was able to resume her preaccident work and most of her activities of daily living.
CC’s claim not only involved suing an out of country defendant, but we had to include her own insurer as well for underinsured coverage as the US driver only had $15,000.00 in coverage. In addition, there was a subrogated claim advanced by the out of country medical insurer and OHIP that had to be sorted out. We were able to resolve her claim through mediation after obtaining the necessary medical assessments to properly assess CC’s claim for damages
"This legal team helped me through the most difficult time of my life after a car hit me while I was in the USA on vacation. I have no memory of the accident and I still needed closure. Mr. Doug O’Toole was the most helpful contact and I am so glad to have been able to work with him. EVERYONE in this firm who my spouse and I had contact with provided the best service and I will definitely recommend them to anyone needing legal assistance."
Head-on Car Accident Collision
DS was involved in a head-on car accident collision that resulted in few physical injuries but he did suffer a significant blow to the head. This resulted in excess of 40 stitches to his forehead and around his eyes. The scarring healed very nicely but DS was left with the residual effects of a head injury. He managed to complete his Masters level education after the accident but the symptoms from the head injury made it extremely difficult for him to complete work in his desired field. He attempted some alternative employment but he was unable to complete the education or work required. His symptoms included recurrent headaches, fatigue, concentration problems and irritability. He had many difficulties in maintaining employment and certainly things were more difficult for him post car accident. After obtaining the appropriate medical reports, we were able to assist by resolving DS’s claim at a settlement mediation.
"My experience with Paquette Travers and Deutschmann was excellent despite the circumstances. They helped ease the sense of being overwhelmed. During the course of the case I had complete confidence in all the staff – who were prompt, courteous and caring. All my questions and concerns were addressed in a professional and mindful manner. The care I received was just that, "care". I felt and believe that the staff cares about their clients. This includes the doctors who also helped an awful situation to become a little better. I don’t have much experience with accidents but I feel that Paquette Travers and Deutschmann are honourable individuals who do good work."
Rear-End Collision Causing Whiplash
GM was injured in a rear end car accident while she was stopped at a traffic light. The estimated damage to her car was only $700.00. As a result of the car accident GM suffered soft tissue and whiplash injuries to her neck and shoulder which developed into chronic pain. GM was unable to continue with the physical aspects of her employment in a nursing home. She was able to return to lighter employment as a personal support worker for certain types of clients. Her new employment paid less than her pre-accident employment. Despite the low impact accident and a pre-accident medical history of back pain and depression, we were able to obtain medical assessments to show that GM’s current condition and difficulties with her employment and activities of daily living were directly related to the car accident.
"I found this time to be most difficult for me, with regards to pain and worry, and I found the staff to be most helpful, always polite and professional. I feel comfortable in feeling that Rob got the best deal possible for me during mediation and that he was looking out for my best interests at all times."
Leslie Wright was involved in a single car accident. She was a passenger in a car that lost control, went off the roadway and struck a trunk. Leslie was injured in the accident along with another passenger. Leslie had cognitive impairments along with physical injuries including soft tissue injuries. The other passenger suffered a brain injury and required immediate surgery. This claim was complicated by the fact that the combination of the two claims (Leslie’s and the other passenger) against the driver exceeded the insurance policy limits. As a result, it was necessary to wait and see how Leslie and the other passenger would recover in order to better assess the future losses for each passenger. Once enough time had transpired, the parties arranged for a settlement meeting to resolve both claims. We were able to obtain useful reports from medical experts in order to demonstrate the impact of the injuries suffered by Leslie on her future ability to work and carry out her usual activities of daily living and recreational activities. With the use of the reports and presentation at the mediation, we were able to secure an excellent settlement for Leslie.
"I am very satisfied with the legal services rendered. All staff were very helpful and made me feel like an important client. I am happy to recommend Rob and staff to others who may need legal help. Thank you"
Leslie Wright (Guelph)
Rear-End Vehicle Collision
Donna W. was involved in a car accident when the car in which she was a passenger was rear ended by a pickup truck. The damage to her car was barely visible but the repair costs were approximately $1,000.00. Following the accident Donna suffered injury to her left shoulder and pain in her neck and upper back. Over time, Donna also began to suffer severe emotional difficulty. She experienced a variety of symptoms including nausea, dizziness, pain, fatigue, sleeping difficulties, concentration problems, driving phobia. Donna worked as an administrative assistant but her condition made it difficult for her to return to work. Working in conjunction with her health care providers, our firm was able to assist Donna in obtaining diagnosis and treatment. Following our work with respect to Donna’s ongoing medical condition, we were able to resolve her claim through negotiation and mediation.
"Our experience with Rob Deutschmann's office was nothing short of spectacular! Rob and his staff were supportive and understanding of my condition and, when it came to business, their knowledge and experience resulted in a positive outcome."
Donna W. (Elmira)
Car Accident Involving a Pedestrian
RD was a pedestrian legally crossing a road when he was struck by a car crossing through the intersection. RD was 77 years old at the time of the car accident. The driver of the car failed to take proper precautions and the driver did not see RD crossing the road. RD suffered a brain injury and he had no memory of certain aspects of the accident or of his subsequent 7 day stay at the hospital. RD suffered a closed head injury with skull fracture resulting in bilateral subdural hematomas. He had ongoing symptoms which included dizziness, unsteadiness, humming noise and overall fogginess. Given RD’s age and related factors, it was decided that we would try and resolve his accident claim as early as possible. We arranged to obtain a full set of medical records as quickly as possible which was then forwarded to the adjuster. This information allowed us to negotiate an early settlement that was much to the satisfaction of RD.
"We would like to take this opportunity to thank you very much for your work on our behalf following Roy's accident. Due to the serious nature of Roy's injuries, we were not prepared to attempt to handle this matter ourselves. We would also thank Dianne deJong for her support and patience with the numerous questions we had along the way. On the occasions that we saw Teena she too was helpful with any inquiries we had. We are happy that this settlement was handled in such a timely and efficient manner. We would like to wish you and your staff a prosperous and happy New Year."
Car Accident Resulting in a Brain Injury
D. Stager was involved in a car accident. Her car was struck on the driver side by another car. Initially D’s injuries appeared to be soft tissue in nature. However, D’s symptoms continued to expand including nausea and dizziness brought on by most activity. Eventually D’s medical condition was diagnosed as being related to a brain injury condition for which D obtained medical attention from a Toronto-area specialist. D underwent surgery but, unfortunately, this only resulted in marginal improvement to her condition. Working with D’s own accident benefit insurer, and the at-fault driver’s insurance company, we were able to work out a global settlement at mediation that considered D’s damages, including future losses, and future medical requirements.
“I have great respect for the personal injury team of Paquette Travers and Deutschmann. They treated me with compassion and showed great patience. They always had time to answer my questions related to the complexities of no-fault insurance and the law. Unlike some firms, I never felt like a case number! Their efficiency and confidence in their knowledge of the law helped me to feel like I would be taken care of to the best of their ability.”
D. Stager (Waterloo)
Hit from Behind Car Crash
Peter Jacques was involved in a car accident. His car was rear-ended by another car at fairly high speed. Peter suffered injury to his left elbow and shoulder as well as other soft tissue injuries. These injuries impacted on his activities in daily life and made it impossible for him to work in a strenuous factory environment, as he did before the accident. Through medical experts and a functional capacity evaluator retained by our firm, we were able to objectively demonstrate that Peter had sustained significant injuries as a result of the car accident. We were able to put the evidence together to show his injuries and the impact of those injuries on his ability to earn an income comparable to his pre-accident earnings. We were successful in resolving Peter’s case at mediation with the insurance company for the other driver and their counsel.
"After my mother and I were involved in a motor vehicle accident I found myself unable to function at my full capacity at work, home or play. I called Rob Deutschmann’s office for legal advice shortly after my accident. Rob came to my house and spoke to my mother and I. Rob was very kind and very patient with all of our many questions and concerns. I hired Rob that day feeling confident with my decision. Rob and his staff were nothing short of amazing when it came to my needing help with accident benefits, doctors’ reports, disability issues and ultimately winning my case.
Rob’s knowledge, compassion and experience helped make by case resolve as quickly and painlessly as the law permits. Rob’s commitment to the truth, service and to me as a client was exceptional throughout. I would highly recommend Rob and his firm to anyone seeking legal representation. "
Peter Jacques (Cambridge)
Multiple Car Accidents
KL was involved in two separate car accidents. She was not at fault in either accident. The first car accident resulted in soft tissue injuries to her back and neck. She exacerbated the injuries in the second accident. She developed chronic pain in her back and neck which had a mild to moderate impact on her activities of daily living and recreational activities. She was a student in university at the time and was able to complete her studies and find employment in her desired field of work. She was able to work full time. She did feel some ongoing the symptoms arising from her injuries which included increased pain near the end of the day and fatigue. Despite some causation issues between the two insurers regarding the injuries and the impact of each accident, we were able to resolve both car accident claims.
“Thank you for helping me get the assistance I needed to recover from my accident and to get some financial compensation for my injuries. I am grateful for all your help – you gave me hope during a very dark and distressing time in my life. I wouldn’t have had such a positive outcome without you.”
Car Accident – Accident Benefits
DM was a paraplegic at the time of a single car accident. He was very independent prior to the accident. As a result of the accident he suffered a full tear in the rotator cuff of his left shoulder. Over time he also began to experience significant problems in his right shoulder due to overuse. He received accident benefits from his Accident Benefit insurer but the issue of Catastrophic Impairment had not been settled. We were able to obtain expert opinion that supported a designation of Catastrophic Impairment. The Accident Benefit insurer disputed this with their own expert opinion. Through an analysis of the expert reports, and negotiations, we were able to get the Accident Benefit insurer to lump out DM’s accident benefits at the Catastrophic Impairment level so that DM’s future was secure.
“I was very satisfied with the level of service. The lawyer and staff were prompt in returning calls and they clearly explained everything. They kept me fully informed about my case. The service that was provided was outstanding, especially with Rob and Dianne coming to my house to explain details and to complete paperwork. All communications were excellent.”
Pre-existing Condition prior to Automobile Accident
Jean Verhoeven was a passenger in a car that was stopped for traffic when her vehicle was rear ended by another car at high speed. Prior to the accident, Jean had a history of neck and back problems. After the accident Jean suffered an exacerbation of her neck and back symptoms. She was not able to carry out her usual activities of daily living. We were able to help Jean obtain a settlement of her claim despite the issues surrounding her pre-existing neck and back problems.
"Being in a car accident was a devastating experience. It caused a lot of pain and suffering and choosing Robert Deutschmann and his law firm was a good thing. He was polite, courteous and was prompt in returning my telephone calls. He answered all of my questions to my satisfaction and kept me informed about my case. I would recommend him to family and friends."
Jean Verhoeven (Fergus)
Car Side-Swiped Causing Injuries
I.T. was a driver of a car that was T-boned by another car when the other car ran a flashing red light. I.T. was unconscious for about an hour. Following the accident, I.T. developed a number of persisting symptoms which included severe headaches, light sensitivity, lack of concentration, nausea and depression. There were some issues that arose regarding the extent of I.T.'s ability to function in activities of daily living and work. Despite the issues we were able to resolve I.T.’s matter through negotiation and reach a final settlement.
"Mr. Deutschmann and his staff are extremely helpful and provide an excellent service. Mr. Deutschmann was able to turn a difficult situation into a comfortable success. I would recommend this firm to anyone."
Car Accident Affecting Self-Employed Person's Ability to Work
TW was involved in a car accident when she was hit on the passenger side by another car proceeding through a red light. There was some dispute as to whether the light was green or red but the other driver had been found guilty of proceeding through a red light and was precluded from raising the issue. As a result of the accident TW suffered soft tissue injury to her neck, pain radiating into her shoulders and low back pain; headaches; cognitive difficulties; and sleep disruption. Prior to the car accident TW was very active with recreational activities and had operated her own accounting business. After the accident she was forced to give up most of her recreational activities and was unable to work in her business as she had prior to the car accident. We were able to resolve TW’s claim through settlement negotiations with the liability insurer.
"The staff were all friendly and knowledgeable. Mr. Deutschmann completed a very thorough case. He was able to keep us grounded, focused and informed through a very traumatic and at times exhausting experience. We would recommend him to anyone pursuing a personal injury claim."
Car Crash resulting in Back and Neck Pain
JG was involved in a car accident when he was rear ended by a gravel truck. He developed back and neck pain. JG’s case became somewhat complicated when he developed a vertigo condition approximately 6 months after the accident. Causation was a significant issue. By arranging a multi-party settlement mediation involving the liability insurer, the accident benefit insurer and the disability insurer, we were able to negotiate a satisfactory settlement that provided JG with financial breathing room and an opportunity to develop a new career.
"The overall service offered by Rob was wonderful. Although our case was a difficult one, he was able to help secure a settlement that has allowed us to move on with our lives after the accident."
MRI after Car Accident Discloses Issues in the Brain Stem
IP was involved in a car accident. While proceeding through an intersection he was struck on the passenger side. His vehicle was written off by his insurer. IP operated his own painting business. Following the accident he started having difficulty with the physical aspects of the business. He was also experienced a number of disabilitating symptoms including dizziness. An MRI disclosed some issues in the brain stem and we were able to provide IP with information regarding a specialist for his particular condition. An operation followed.
One issue we sought to prove was the extent to which the accident-related injuries affected IP’s ability to operate his business, given that he was still able to run his business after the accident. We were able to outline how revenues started declining after the accident. We were also able to demonstrate, through various experts, the physical limitations that IP was suffering from as a result of the accident. After putting together a thorough mediation and medical brief, and preparing a strong presentation at mediation, we were able to resolve the claim for IP at that mediation.
“We appreciated the diligence and thoroughness of your handling our case, especially the power-point presentation at mediation.”
Delays in Pursuing a Car Accident Claim
L.P. was involved in a car accident where she was rear-ended by another car. As a result of the accident she suffered a slight herniation to her neck and was experiencing some numbness, tingling and weakness in her upper arm. L.P. did not pursue the claim until she had almost reached the two year anniversary of her claim. We were able to assist in getting some medical assessment done prior to the limitation date and based on that information we issued a claim to preserve her right to sue for damages. A settlement mediation was arranged with the insurer for the other driver. Based on the medical documentation arranged, a thorough review of the impact of the injuries on L.P. ability to continue with her pre-accident employment and her activities of daily living and related evidence, we were able to negotiate a mutually agreeable settlement on L.P.’s behalf.
“Overall I was very satisfied with the service I received for my MVA tort case. Rob Deutschmann was very personable and professional representing my case. Fortunately we settled out of court. During the (settlement) meeting with the other lawyer, mediator and insurance adjuster, Rob kept his cool, was very knowledgeable, confident and put me at ease.”
Successful Mediation Involving Multiple Plaintiffs
A.D. was involved in a serious car accident where several passengers were injured. The claim involved multiple plaintiffs with various injuries. A.D. suffered a head injury and soft tissue injury that developed into chronic pain. A.D. was originally represented by a lawyer that was representing another plaintiff. Given the seriousness of the injuries, it was clear that this could lead to a conflict for the lawyer and A.D.’s file was transferred to our firm. We were able to get all the parties back on track, obtain updated medicals and future loss assessments, and bring the matter to a final and satisfactory conclusion at a mediation involving all the parties.
“I was very pleased with how (you) got my case back on track after the stalemate it was in. Always being very considerate even when I lost my cool. (The firm) was always helpful when I got frustrated and confused, explaining the situation so I understood it. (The firm) had very good patience when dealing with me, when I was angry. All in all they were very helpful and kind.”
Pedestrian Struck by a Car
MH was walking on a sidewalk when she was suddenly pinned by a car against a railing. The car had struck another car on the road and lost control before pinning MH. As a result of the accident she suffered a fracture to her right femur. Fortunately for our client she made a very good recovery. We were able to get her accident benefits set up through the other driver’s insurer as she was not covered by any auto insurance policy. Our client was retired at the time of the accident and was able to resume most of her activities of daily living. The matter was resolved by negotiating a settlement directly with the defence counsel. We were able to provide our client with an efficient and prompt resolution of her claim without having to drag the matter out. We resolved her tort claim and she was still able to continue to benefit from owed her medical/accident benefits provided by the other driver’s insurer.
“I am very happy with the work that you did for me. I like to thank you. Your law firm did a very good job for me. You helped me in the right way and thank you very much.”
M. H. (Woodstock)
N.M. suffered soft tissue injuries in a car accident. At the time of the car accident, N. M. was employed as a welder. N.M. went on to develop chronic pain and there was the possibility that he would not be able to return to gainful employment. N.M. had limited tolerance for prolonged walking and standing. Lifting and carrying also exacerbated his symptoms. N.M. underwent various treatments. N.M also developed depression. A thorough review of medical records showed that N.M. had an excellent pre accident medical history. The extensive post accident treatment, along with medical reports that supported our client’s diagnosis, showed that the car accident had a substantial impact on our client’s ability to work and his on his activities of daily living. We were able to demonstrate the significant impact of the injuries arising from the car accident. The matter was resolved to our client’s satisfaction through a mediated settlement.
“I was very satisfied with the overall level of service. Things were clearly explained and staff was courteous and helpful. I was kept fully informed about my case.”
Slip & Fall
Condominium Slip and Fall
Our client was involved in a slip and fall at her condominium complex. The sidewalk, which was located just outside her door, was supposed to be clear of ice and snow. The sidewalk was also in poor repair. Our client fractured her ankle requiring surgery. A claim was brought against the condominium corporation and the sidewalk and road maintenance company that was hired to maintain the sidewalk. After obtaining medical opinions and providing evidence regarding the state of repair of the sidewalk, we were able to resolve the matter through settlement negotiations with the insurer's defence counsel.
"Mr. Deutschmann & staff were very helpful and I was extremely satisfied with the professional level of service provided. I would highly recommend this firm to family and friends."
Condominium Slip and Fall
DB is a retiree who was injured in a slip and fall accident. Ice had formed in front of the entrance door to the condominium where he lived. The owner claimed that someone had placed water in the area to freeze and refused to consider settlement of the claim. We were able to show that the ice buildup was the result of a poor design in the canopy over the entrance which allowed water to accumulate in the entranceway. This resulted in unsafe walking conditions. DB received compensation for pain and suffering, future loss of income for his part-time employment and some future medical care.
"I was very satisfied with your service. The firm was prompt in returning my calls and you clearly explained everything. You and your staff were very courteous and helpful and kept me fully informed about my case. I was satisfied by the way you handled my case, I know you do good work in settlement! Thanks again"
Slipping on Ice in a Parking Lot
IK was involved in a slip and fall accident. She was in the parking lot of a fast food establishment and slipped on some ice. The insurer wanted to attribute a large proportion of the liability to our client. We were able to show that the tenant, who was responsible for clearing the snow and ice, failed to properly maintain the premises, and that they did not have a proper plan or procedure for snow and ice removal in place. We were able to settle the matter through negotiation with the adjuster.
"I can truly say that the service I received was the best there could be. I was kept informed at all time of what was going on, what steps were being taken, how it works. My attorney gave 100% which showed that I was not just a number but a person. He cared very much about representing me to the best of his ability. I would recommend this firm to anyone."
Slip and Fall in Front of an Apartment Building
SJ was involved in a slip and fall accident on the front steps of her apartment building. There was some question as to the exact location of the fall as there appeared to be some inconsistencies in SJ’s account of events. The accident occurred in the winter and, through the use of an accident reconstruction expert, we were able to show that, as a result of a thaw-freeze cycle in the weather, ice could build up in the area of the fall. Further, the landlord was unable to demonstrate any procedures or plan for the maintenance of the snow and ice build up in the area of the entrance. Our forensic engineer was also able to show that the front stairs did not conform to the local bylaws as a railing should have been installed for the tenants' overall safety. Through the presentation of this supporting evidence we were able to negotiate a settlement to the satisfaction of our client.
"I am extremely happy with the legal services provided by Rob Deutschmann and his law firm. The office staff are always friendly and polite. They were quick and attentive when I was waiting for correspondence and telephone calls to be returned. There is no aspect of the law firm that I would complain about. I was totally satisfied."
Slip and Fall at a Residence
JR was delivering newspapers when he slipped and fell on ice at the residence where he was delivering the newspaper. The homeowners did not maintain their property in good condition and considerable ice and snow had built up. As a result of the failure of the homeowner to properly maintain the property, JR slipped and broke his forearm. He was able to make a good recovery and eventually returned to his work. We were able to negotiate a settlement with the insurance adjuster with only a small amount of negligence attributed to JR for slipping on the ice.
"I was very satisfied with the ease of reaching the lawyer by telephone, the promptness in returning telephone calls, the lawyer clearly explaining everything, lawyer courtesy, staff courtesy and helpfulness and kept fully informed about my case."
JF worked in the hospitality industry. She had been employed working in a Kitchen for a large institution. She had been employed with the institution for 20 years. Unfortunately, she suffered an injury to her shoulder. It was diagnosed as a rotator cuff tear. The pain and discomfort made it too difficult for her to do the manual and heavier aspects of her employment. She received disability benefits for 2 years, but then a change in definition of disability under her policy came into effect. In order to continue to receive long term disability benefits, JF had to be disabled from any work based on her education, training and experience. The LTD insurer identified two jobs through a vocational assessment that they claimed would be appropriate for JF – retail sales or a cashier at a gas bar. The options were not suitable and JF was supported by her family doctor. With the support of medical reports from JF’s treatment providers, we were able to show the LTD insurer the seriousness of JF’s injuries and her limitations for any future employment. The matter was resolved through mediation.
"The firm was helpful and courteous throughout the entire process. They were honest and provided me with matter of fact advice and counsel which resulted in a fair settlement. I would use this firm again if the need were to arise again."
Small-Business Disability Insurance Claim
David Wright was a small business entrepreneur who suffered from a disability that required him to discontinue his business. He had a disability insurance policy in the event that he was to discontinue working. His disability insurer initially approved benefits and then subsequently terminated his benefits despite medical evidence from David that confirmed his ongoing disability. David had attempted some return to work but it was unsuccessful. David had attempted to negotiate with his insurer but he was not getting anywhere. With additional medical documentation and proper presentation of the issues, we were able to settle David’s disability claim with his insurer.
"Overall service was great. I had to do very little other than follow up from time to time. I was surprised that the settlement came through so easily and would recommend that anybody who is being brushed off by their insurance company should give Rob a call."
David Wright (Cambridge)
Sleep Walking Accident
Michelle Wartman was involved in a terrible accident that left her paralyzed from the waist down. While sleeping in her cottage, which was under construction, she had a sleep walking incident and fell down 10 feet to the main floor from her loft bedroom. She had a disability plan through her employer that had an accidental injury component that paid her two times her salary should she become paralyzed from an accident. She applied for the benefit but was informed by the insurer that, due to a prior sleep walking incident that was reported in her family doctor’s notes and records several years earlier, her fall was the result of a pre-existing sleep walking condition and therefore not covered by her disability policy. Our disability lawyers became involved and through the use of her medical documentation and negotiation with her disability insurer, we were able to help her recover full payment on the policy.
“I was very satisfied and appreciative of the service I received. Rob came to the house which was very helpful as I am now in a wheelchair. He was a concerned and caring person and spared me any unnecessary communication. I would recommend his services.”
Michelle Wartman (Kitchener)
Long Term Disability Claim
H.S. was a press operator at a Kitchener factory. He developed severe osteoarthritis in his left leg. The long term disability policy only had a term of 2 years. Despite that his disability insurer felt that he could work at some other occupation and discontinued coverage. A claim was initiated. A review of the disability insurer’s file showed a weak foundation upon which they based their denial. A mediation was arranged and we were able to resolve the matter through mediation.
“I was very satisfied with the service Rob gave me as a lawyer and how hard he fought to get me what I deserved and the staff for all the help they gave me especially Kelly. Thanks for everything.”
Husband at Fault
J.G. was involved in a single vehicle accident. She was the passenger on a motorcycle that was driven by her husband. Her husband lost control of the motorcycle and J.G. was left with a moderate to serious brain injury. She was functional physically and able to get around, visit and carry out some recreational activity but she was clearly limited in her cognitive abilities and unable to return to her pre-accident work. We were able to deal with the delicate matter of her husband being at fault and, through a global mediation involving her accident benefit insurer and the tort insurer, we were able to secure a settlement that would provide security for her future.
“My experiences were totally satisfactory. I received personal treatment for each question I had and when I was doubtful or apprehensive, time was always taken for reassurance. The advice before discovery and settlement were also commendable. Thank you from the bottom of my heart. Your firm helped me get on with my LIFE and live with the 'new me'.”
Rear Ended by a Car
Our client was riding on his motorcycle when he was rear ended by a car while he was stopped for traffic. He suffered orthopedic injuries to his shoulder blade, torn rotator cuff and scrapes and contusions. He was able to resume his work in sales and management. Following examinations for discovery, we were able to resolve his matter through negotiation with defence counsel for the insurer.
“Rob and his team provided a very high level of professional and knowledgeable service. Every issue was handled concisely. They understand the legal system and managed it and the process very effectively. Very glad to have them on my side”