2) A person who lives in North York, Ontario driving a 2005 Honda Accord is rear-ended while stopped at a traffic light. There is $2000 worth of damage to the Honda. The person reports their claim then calls a personal injury lawyer that they heard an advertisement for on the radio. The personal injury lawyer advises them that to be able to sue, they need to prove that they are suffering from either permanent, serious or important disfigurement or impairment, and that they will make sure that they have all of their limitations assessed to help build their case. The lawyer then directs that person to visit a doctor who they know will give an inflated diagnosis, who assesses the person and states that they have Whiplash, Grade 3 injury, with cervicogenic headaches, depressed mood and irritability, Lumbar, thoracic and cervical spine sprain and strain, and dizziness, and completes a disability certificate stating that due to his injuries, he is not able to work or complete his housekeeping duties. A referral is made to have an in-home assessment completed to determine how much assistance that person needs to complete personal care and housekeeping tasks. That assessment is completed and because of pain due to the injury it is recommended that that person receive $1500/month in personal care assistance and $100/week in housekeeping assistance. That person does not return to work, and their income replacement benefit is calculated to be $400/week. They are then referred to a chiropractor who recommends that that person receive treatment 3 times a week for 15 weeks and massage therapy 3 times a week for 10 weeks. They are also referred to an assessment by a neurologist, to check into the headaches and a psychologist to assess their psychological issues. The neurological assessment could be covered under OHIP, but an appointment would take 4 months to get, however if the insurance company pays for it, it could be completed in a week. The neurological assessment is completed determining that that person is suffering from headaches that will resolve. The psychological assessment is completed and the person is diagnosed with mixed anxiety disorder with depressed mood, and 12 sessions of psycho-therapy are recommended to resolve the person’s psychological impairment. 6 months down the road, the treatment continues and no symptoms are resolving. The client then is sent back to that original doctor who declares that that person is suffering from “Chronic Pain” and a chronic pain assessment is recommended. Following completion of that assessment, the person is recommended for a treatment regimen completed by a variety of doctors/psychologists etc, and yet after 6 more months, the symptoms have not resolved. At the one year mark (the minimum amount that a person must wait before being able to settle an Accident Benefits Claim), the lawyer contacts the insurance adjuster and offers to settle the file for $50,000, including money for future treatment, income replacement, housekeeping and personal care assistance. After dealing and haggling with the adjuster, the file ends up settling for $15,000. The adjuster reluctantly agrees with this price as he is certain that the claim may end up costing more than that should he not settle.
The cost of this claim is as follows:
$20800.00 - 1 year of income replacement at $400/wk
$5200.00 - 1 year of housekeeping assistance at $100/wk
$18000.00 - 1 year of personal care assistance at $1500/month
$200.00 - for the initial Doctor appointment,
$63.72 - to complete the Disability Certificate
$263.72 - Chiropractor charges the $200 to complete the initial assessment for chiro and $63.72 to complete the forms.
$7500.00 - Cost of continued Chiropractic and Massage treatments over 6 month period
$1800.00 - Cost to complete the in-home assessment
$2500.00 - Cost to complete the neurological assessment
$2500.00 - Cost to complete the psychological assessment
$263.72 - Cost to complete the pre-psychological assessment screening interview and fill out the Application for Approval of Assessment for psych assessment.
$63.72 - Cost to fill out the Treatment Plan for Psych.
$2200.00 - Cost to complete the psychological treatment
$4500.00 - Cost of the Chronic Pain Assessment
$6563.72 - Cost of the Chronic Pain treatment plan/completion of form.