Darcy Merkur received the Court endorsement approving a resolution of a difficult personal injury claim that he resolved successfully for full policy limits of $2 million.
The Court notes that the previous plaintiff’s counsel withdrew from the case without rendering an account because they thought it wouldn’t succeed.
Because the team settled for full limits, OHIP was content not to receive any funds from the settlement despite their subrogated claim to date of over $1.9 million.
At paragraph 36, the Court notes:
“In the matter before me, I find that the plaintiff was at significant risk for being found mostly liable for his injuries and his lawyer was able to negotiate an excellent financial resolution to the litigation at considerable risk to the firm. He then voluntarily reduced his contingency fee by 7.5% percent leaving the plaintiff with a structured settlement which would provide him with over $7,000 per month.”
