What Do the Largest Personal Injury Settlements Look Like??

May 4, 2023 -

John McMullin, Juris Doctor, Associate Lawyer, LETOURNEAU LLP

In Alberta, it’s hard to know what to expect from a personal injury lawsuit. We’ve heard of extremely high personal injury cases from the United States, including Stella Liebeck, the 79-year-old woman whose McDonald’s coffee was so hot that she had 3^rd degree burns.  Those awards are not typical for Canadian decisions for many reasons (a cap on pain and suffering damages and a much lower punitive damages regime being two of the most important) but personal injury awards in Canada are still considerable.

Personal injury awards can vary in amount depending on the injury. Today we’re taking a look at a 2010 case with one of the highest ever awards in a motor vehicle case in Alberta, and with one of the most unfortunate stories you’ll ever hear: Ward v Ward, 2010 ABQB 654. Cory Ward received an award of $1,597,411.07, and he deserved every penny.

Cory was strapped into a seat belt heading to his girlfriend’s house with his dad, Gerald Ward. Gerald was coming back from Edmonton after filing papers to officially adopt Cory. It was a snowy day and there were snow “snakes” going across the road. Gerald turned left off the highway. He never saw the vehicle driven by James Dixon in the other lane. Dixon’s vehicle struck the Ward’s vehicle on the passenger side where Cory was seated, while going 80-85 km/hour.

Cory Ward was rushed to the hospital. He almost died twice on the way. He was in a coma for 19 days, with a bleeding brain, and fractures to his skull, jaw, shoulder blade, ribs, and pelvis. He had significant nerve damage. His liver was lacerated, his kidney was lacerated, he had air from his lungs bleeding into his body.

Cory was treated for brain injury. He had to relearn his speech, hygiene, sitting, standing, and being able to eat. He required full-time supervision. He recovered his ability to read to the level of a 4.6 grader and do math at a 3.5 grade level.

While the Court found that Cory’s previous academic history meant he likely would not have finished high school, he would have worked and earned an average income for someone without a high school diploma, which the judge calculated at $777,920.00. The justice deducted some of the funds due to Cory having a part-time job with a generous employer as a plumbing assistant, as well the value of having the award now rather than in the future, leaving an award of $632,060.00.

Cory’s future care costs included financial assistance, housecleaning, a day timer, and dental exams, which the justice found would cost $29,700.99 a year after social assistance programs helped out. This worked out to $730,351.07.

There was also $30,000.00 awarded by the Court for Cory’s past loss of income.

Given Cory’s young age and how the accident would affect him until he died, the Court also awarded $205,000.00 for Cory’s pain and suffering.

In conclusion, an injury that radically changes someone’s life, to the point that it is not the same life anymore, can still attract a significant damages award in Canada. These cases are, fortunately, uncommon.

Whether or not you believe your injury is big or small, we would be happy to talk about your case with you. We can put you in touch with medical professionals that can determine the exact injuries you’ve suffered in your accident, then work together to get you a proportionate award.

If you have been in an accident, it's a great idea to speak to a personal injury lawyer about your rights and responsibilities. Contact LETOURNEAU LLP at 403-329-4311 to set up a free consultation for any accident-related injury.

Learn more about John McMullin, our Lethbridge Personal Injury Lawyer.

Learn more about Personal Injury Law.

This article is for information purposes only and does not constitute legal advice