March 28, 2013

Joe Murphy

At Murphy Battista LLP, we evaluate cases based on what’s in the best interests of our client and not whether the case is going to be tough to win. We have the legal knowledge and trial experience to manage complex legal issues, medical evidence and personal injury claims. Our track record speaks for itself and in the weeks to come we’ll be summarizing some of the tough cases we’ve taken on for our clients. In our experience, sometimes even seriously injured victims think that the facts of their cases put them beyond legal help. We’d like to help dispel that notion and encourage accident victims to take advantage of legal advice. It is certainly not going to hurt you (most personal injury lawyers offer a free initial consultation) and when your future and your well-being are at stake it’s worth making the effort.

One of the first cases that springs to mind is Chow v. Chan, a 2007 case involving multiple defendants. The facts raised the following legal issue:

What happens when more than one person is at fault for your injuries but none of the defendants will accept liability?

In Chow v. Chan, all of the defendants were at fault for causing an accident that seriously injured Ms. Chow. The six defendant motorcyclists were travelling at a very high speed and riding abreast across both lanes of the road on which the Plaintiff (Ms. Chow) was travelling on her motorcycle. Although only one defendant actually struck Ms. Chow’s motorcycle, and only three of the six defendants were driving on the wrong side of the road, we successfully argued that all of the defendants were equally at fault for creating the dangerous conditions that led to the accident by reason of their participation in a joint and dangerous activity. Liability was found to rest with all six defendants.

Click to read: Chow v. Chan, 2007 BCSC 392

Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.


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