GTA Highest Settlement |
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A jury recently awarded a record $17 million to a in a personal injury claim, after the man suffered brain damage from a Toronto car accident.
The award became the highest settlement personal injury claim in the history of the Greater Toronto Area (which includes Toronto, Mississauga, Brampton, Scarborough, Richmond Hill and Markham).?
In Ontario, the law covering motor vehicle accidents states anyone injured in a car accident, regardless of fault, is entitled to accident benefits.? These benefits include things like income replacement, medical expenses, attendant care rehabilitation, and other expenses.?
In catastrophic cases such as that of 20-year-old Robert Marcoccia, a victim or their family can also sue for pain and suffering, as well as future medical expenses.
Normally, agree accident attorneys, vehicles don?t carry as much insurance as the furniture delivery truck with which Mr Marcoccia?s Honda Civic crashed ? especially after Ontario provincial law brought into effect a $1 million cap on rental and leasing companies? liability on behalf of the companies? customers.
However, while the delivery truck that collided with Mr Marcoccia was being leased ? from Ford Motor Credit LLC ? the accident took place prior to Ontario?s new legislation.?
Followers of the case also attribute the high settlement to the victim?s accident lawyer, who presented a thorough and persuasive case.
Mr Marcoccia ran a red light, crashing into the delivery truck that had turned into his lane almost a decade ago.? The Toronto car accident left Mr Marcoccia mentally disabled and unable to care for himself.
In late April of this year, a jury found that Mr Marcoccia was 39 per cent at fault for the crash, meaning the insurers of the delivery truck would have to dole out 61 per cent of the jury?s award.??
Mr Marcoccia?s settlement will compensate round the clock care for him for decades to come.
Angela Marcoccia, the victim?s mother with whom he now lives, said she was ?ecstatic? after the jury came to its conclusion, though she added she was wary of a future appeal.
