Personal Injury

Kotak files notice of action on behalf of woman struck by falling concrete

By AdvocateDaily.com Staff

Toronto personal injury lawyer Nainesh Kotak tells NEWSTALK 1010 he plans to file a lawsuit on behalf of a 24-year old woman who was recently struck in the head by a falling piece of concrete at a city transit station and suffered a concussion and other injuries.

The lawsuit will be against the city as well as the operator of the transit station, says Kotak, principal of Kotak Personal Injury Law, adding he will need to understand the full extent of the woman’s injuries before determining the amount of the claim.

"As a precaution, in cases like these, we generally sue for more than a million. But it doesn't mean the case is worth that much. We have to look at the long-term effect on her," he says.

The woman lost consciousness, and when she came to, found herself on the ground attended by security personnel and paramedics, Kotak tells Global News.

Kotak tells CTV News the woman remembers stopping in the concourse to check the schedule for her train and smiling at a toddler who was standing nearby.

“She felt a real heavy hit on her head,” he tells CTV. “And her initial thought was that somebody may have hit her. She started to fall down, and she thinks that somebody may have grabbed her. She tried to look around, but there was blood pouring into her eye. She was in and out of consciousness.”

The woman is suffering from “severe concussion symptoms,” including vomiting, blurred vision and slurred speech and has not returned to work since the accident, Kotak tells CTV.

In an interview with the Toronto Star, Kotak says the determination for damages will depend on the short- and long-term impacts on the woman’s health as well as factors pertaining to what led to the accident.

“If it comes to light that there are any construction companies, or other entities, that may have caused or contributed to the incident then they would be named in the statement of claim,” he tells the Star. “What you seek and what the case is worth is often quite different. What the case really depends on is her prognosis for the future.”

The woman was walking through a pedestrian walkway when she was hit by a large chunk of concrete that fell from the ceiling, according to media reports.

Kotak says his office has requested that surveillance footage of the accident be preserved and that his office be provided with a copy of the incident report.

“She remembers being struck on the head and thought for a second that someone hit her,” he tells the Star. “She recalls falling and thinks that a woman close by may have caught her. She recalls that blood was streaming into her eye and she lost consciousness for a short period of time.”

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