At Foisy & Associates, we proudly call ourselves lawyers for the people, treating every client as a person first. With our guidance, we ensure they receive the care they need, and the designation required to support them through their injuries.
In our case stories series, we will be highlighting people we have helped over the years, sharing their experiences and how Foisy & Associates ensured they received the treatment and compensation they needed.
Meet “Andrea”
Our client, whom we shall call “Andrea” (name changed for privacy), experienced a life-altering accident that spiraled into a complex journey of physical and emotional turmoil. A hardworking individual in her twenties, Andrea grew up in a small town where she had been working in fast-food restaurants. Shortly before her accident, Andrea found a new position in a new industry that would finally set her on the path to a promising career.
As Andrea began her career and was moving up the ladder in her workplace, she became involved in a motor vehicle accident, which was not her fault.. Another vehicle made a sudden U-turn on a country road, resulting in an unavoidable collision. To make matters worse, the other driver was uninsured, meaning that she would have to commence a claim against her own insurance company for third-party damages.
The accident initially appeared only to show soft tissue injuries, but other symptoms soon appeared, including disorientation, chronic pain, and many physical and emotional challenges. Her daily life became a mix of pain, confusion, and a struggle with her memory, forcing Andrea to stop working, which was a devastating blow to her career aspirations and struggle for financial independence. Yet healthcare providers in her community failed to recognize her worsening symptoms as a Traumatic Brain Injury (TBI).
Andrea lived in a smaller community in Ontario, where understanding and resources for brain injuries were limited at the time. She found herself lost in a healthcare system that viewed her symptoms as isolated issues rather than interconnected pieces of a more significant problem. Her pain was compounded by a troubled past and an abusive home, making the road to recovery even more complex as past trauma began to resurface – as is often the case when past trauma survivors experience new trauma.
Finding New Ways to Provide Medical Support
Foisy & Associates entered this narrative not just as a legal firm but as a beacon of hope in Andrea’s journey. When she was entangled in the complexities of insurance claims and a healthcare system that failed to recognize her multifaceted struggles, Foisy & Associates became more than legal representation; we became her advocates, her support, and a steadfast pillar upon which she could lean.
Thanks to our experience with traumatic brain injuries, we recognized the depth and complexity of Andrea’s situation. We navigated through the legal maze of insurance claims and benefits, ensuring that she received the care she needed. We saw beyond the case file and recognized the human being, understanding that her healing required more than just medical attention – it demanded a holistic approach that addressed her physical, emotional, and psychological well-being.
We facilitated moving Andrea to Toronto, ensuring she had access to specialized healthcare that was previously out of reach in her hometown. We stood by her side, providing not just legal advice but also ensuring she had a support system, including an occupational therapist, personal support care worker, rehabilitation support therapist, and vestibular physiotherapist. We also set up reminders to call her regularly and remind her to take her medications, we sent her transportation to get to her medical appointments, and we checked up on her regularly to make sure she was emotionally stable.
However, despite her immense need for support, her insurance benefits were limited to non-catastrophic benefits which limited her to access $50,000 of medical and rehabilitation benefits, an amount that was used in less than a two-year period.
Achieving a Designation of Catastrophic Impairment
Andrea’s journey was not without setbacks. A return to work against medical advice, driven by financial necessity and a desire to return to her promising career, ended in a heart-wrenching breakdown. Yet, even in that despair, Andrea trusted us enough to reach out for help.
She called us personally for support in managing her pain when she was ready, and once again, we met her with unwavering support, springing into action and ensuring she was not alone.
We fought to secure Andrea’s catastrophic impairment designation, unlocking vital benefits which included $950,000 of medical and rehabilitation benefits, $1,000,000 of attendant care benefits, weekly housekeeping and home maintenance benefits, and now access to a case manager who could better assist with the complexities of her managing an extensive healthcare team.
Our firm battled with Andrea’s no-fault insurer for several months until the Friday before the Monday start of a scheduled hearing before the Licence Appeal Tribunal (LAT) where they approved her Catastrophically Impaired designation. It became clear that what Andrea needed was a law firm that was prepared to go the distance and fight for her at the LAT hearing as opposed to settling with the insurance company at the last moment and depriving her of a lifetime of benefits that a Catastrophic Impairment designation would provide her.
Determined Advocates for Life
Today, Andrea is not just a survivor but a testament to what relentless spirit, coupled with unwavering, comprehensive support, can achieve. She stands as a beacon of hope for many who find themselves entwined in a similar feeling of despair post-accident.
People often think that Personal Injury Lawyers solely deal with the legal aspects of a client file, and while that may be true for some, Foisy & Associates did not just represent Andrea; we stood with her, fought for her, and ensured that she was seen and heard. We are not just legal representatives but genuine advocates who understand that behind every case file is a human being deserving of empathy, respect, and unwavering support in their time of greatest vulnerability. It is often difficult to fully explain when we talk about our unique “project management” approach. However, it is best illustrated through examples such as Andrea’s story, where we are unrelenting in helping clients not only get the settlement they need to recover, but we are heavily involved and invested in their recovery.
In Andrea’s story, we find a mirror reflecting the ethos of Foisy & Associates: a firm that stands with you, fights for you, and sees you, ensuring that even in the darkest times, you will never stand alone.
If you or someone you love has been denied accident benefits by your automobile insurance provider, we encourage you to contact us for a free consultation. Foisy & Associates is a team with extensive experience in handling complex personal injury and long-term disability cases and are lawyers for the people who fight to receive maximum dollars for their clients.