4 January, 2022
The story of a 36-year-old car crash victim named Krystal Mann perfectly represents the dangers of trial delays. The case was reported last month when it came to light that Krystal has been facing the fallout of her accident since 2014 without compensation. Her pain and journey serve as a perfect illustration that how victims often suffer the pain caused by significant trial delays. The pandemic also shares a part of the blame as it has exacerbated that suffering and pain for many. This is why Pace personal injury lawyers are calling for jury trials to be abolished for some of the civil actions.
The Accident and the Fallout
The accident occurred when Mann was in a car with her friend who was driving and their car was 't-boned' by another vehicle in 2014. She suffered various injuries including a pelvic bone fracture that caused her unbearable pain for three years after the crash. In 2017, she went through a surgery that seemed to relieve some pain. However, she was still suffering from chronic pain in her neck and lower back. The injuries interfered with her ability to work, stand or walk for extended periods.
Due to the accident, Krystal Mann is facing significant financial hardships. Her insurer has provided her with very few benefits curated to work as a stopgap between the receipt of compensation and the time of the accident via her civil claims. She is not even able to work because of the accident and the money provided by her insurer is also exhausted. Through the Canada Pension plan, she receives disability benefits, but the amount is only one-third of what she used to make before the accident.
Legal Issues
For the cost of medical treatments and lost income, Mann has filed civil claims. against both drivers who were involved in the collision. Currently, Mann is seeking $1 million in damages. According to Mann and her personal injury lawyers, the true cost of future medical care and lost wages will amount to $3 to $4 million and any compensation will be welcomed warmly. However, unfortunately, her trial is not expected to bein until 2023.
“I kind of feel like I’m trapped in purgatory because of something that was completely out of my control,” Mann told the CBC. “I feel like I’ve been forgotten and I’ve been left behind, like what happened to me doesn’t matter like I no longer possess any type of value.”
The growing number of personal injury plaintiffs are going through the same thing after the pandemic and it is continuing in the second year as well. Even before the COVID-19 pandemic took place, the Ontario province civil justice system faced massive trail backlogs. The pandemic was actually responsible for worsening the issue and particularly the jury trials. Today, personal injury lawyers want to see jury trials suspended or abolished for many civil actions.
Mann's lawyers requested a judge-alone trial that they think will help expedite her access o compensation. However, defendants are preferring the jury trials as a member of her legal team said in an interview with the CBC.
“The reason they’re insisting on the jury is that there are a lot of things that me, as the plaintiff lawyer, can’t tell the jury, and so my hands are somewhat tied behind my back,” the lawyer said. “The jury has to decide the case in a vacuum, which often results in the jury awarding fewer damages at the end of the day and saving the insurance company money.”
The Bottom Line
In situations like the one mentioned above, it can become quite difficult to take care of the deadline while handling other requirements necessary for filing a claim. This is why Pace Personal Injury Lawyers are here to make sure your trial can get done without getting delaying while you get a seamless experience of getting satisfactory compensation.
