I have extensive experience representing plaintiffs in personal injury, medical malpractice and insurance disputes both at trial and on appeal.
In addition to my courtroom experience, I have many years of expertise advocating for clients involved in mediation and arbitration. I have been recognized by Best Lawyers Canada™ (2010-2018) and I was honoured to have been appointed a Queen’s Counsel in December 2018. My effective representation of clients includes taking cases to trial for people who have sustained brain injuries and spinal cord injuries. Whether my clients need help negotiating a compensation claim or taking the matter forward to trial, my knowledge and ability as an advocate have produced positive outcomes for my clients.
I work out of the firm’s Kelowna office along with paralegal Cathy Davies and I am the contact lawyer for the firm’s Vernon office.
My Philosophy and Approach
I understand the immediate and long-term impact that a severe injury has on individuals and their families. My first concern is to ensure access for my client to the full range of appropriate treatments to assist recovery. I have many years of experience dealing with people who have sustained brain and spinal cord injuries. Aside from the obvious and immediate devastating physical and emotional consequences for the injured person, these types of severe injuries also have a definite long-term impact on family dynamics. Therefore, the recovery process should include acute care treatment, rehabilitative therapies and counseling for the injured person and family members who need to learn how to help injured loved ones cope with a new reality and how to deal with their own feelings about the situation.
My approach includes taking steps to ensure that my clients are aware of the full range of opportunities available to assist in an optimal recovery plan. My job also necessarily includes helping to arrange for the financial resources to cover the costs of implementing that plan.
Once I’m satisfied my client has what he or she needs to focus on recovery I can begin to address the legal issues associated with the case and consider what appropriate compensation might look like. From my perspective, adequate compensation must include consideration of a client’s immediate financial needs as well as their long-term interests. A serious injury has repercussions that can last a lifetime and frequently impact the financial future of the family unit.
After a recovery plan is in place, my next goal is to secure fair and reasonable compensation. Pain and suffering, loss of enjoyment of life, wage loss, long-term costs of care and treatment, costs associated with accommodating a permanent disability, financial planning to meet family obligations and address vulnerabilities as well as lost opportunities and future earning capacity, are all things that need to be factored into determining fair and reasonable compensation for a serious injury.
Sometimes appropriate compensation is best achieved through a negotiating settlement, sometimes not. For that reason, I treat each file as if it were going to trial so that I’m prepared to advance my clients’ interests in either setting. Whether we are negotiating or going to court, I make a point of keeping my clients up-to-date on the status of the claim, and I make sure there is someone available to answer questions. I care about how my clients are doing and feeling. I want to know if they are anxious or worried about some aspect of their case so that I can help them understand the process.”
- UBC, LLB, 1992
- UVic, BA, 1989
- Member, British Columbia Supreme Court Rules Committee
- Board of Governors, Trial Lawyers Association of British Columbia (TLABC)
- TLABC Representative, Access to Justice BC Leadership Group
- Former Director of Brain Trust Canada
- Member, Canadian Bar Association
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.
Bill Dick and Keri Grenier acted for a plaintiff who was 17 years old when she was struck in a crosswalk by a pickup truck driven by the defendant. The plaintiff’s principal issues following the injury included ongoing dizziness, headaches, anxiety and depression. At issue was whether the plaintiff suffered a mild traumatic brain injury, and whether her ongoing complaints were related to the accident or to other psychosocial stressors in her life as alleged by ICBC. After a two week trial the Court awarded damages totalling $347,581. The judgment included damages for loss of future earning capacity of $175,000.
Know the Limits: Teen Grad Parties and Social Host Liability
June 7, 2016
To host or not to host? Arranging gatherings for your teens at home can be riddled with questions. However, in the past decade parents face a much more difficult decision, whether or not to include alcohol among the appetizers. This poses a much larger issue at heart with hosting teen…Continue Reading
Social Host Liability and Grad Season
May 24, 2016
As we head into Grad Season, parents of teenagers face that age old question of whether to allow alcohol at year end parties. As a parent of teenagers myself, I will be addressing this very issue at a Vernon District School Board event scheduled for Wednesday, May 25 at Vernon…Continue Reading
Punitive Damages: A Brief Overview
May 29, 2015
What are Punitives Damages? I recently presented a paper on this topic for the Trial Lawyers Association of British Columbia entitled “Punitive Damages in Negligence Claims: Practical Considerations.” I thought it might also be helpful to non-lawyers (including clients) to have an overview of what punitive damages are and how…Continue Reading
- Continuing Legal Education (CLE) BC – Non-Pecuniary Damages, June 2017
- TLABC – Dancing with the Devil: Managing Disability Insurers During the Life of a Personal Injury Claim, October 28, 2016. Written for the TLABC Litigation Update Seminar, 2016. Click HERE to read the paper.
- Okanagan Medical-Legal Group of Occupational Therapists – Medical Legal Overview, April 2016
- TLABC – Ethical and Practical Considerations in Billing Clients, April 2016
- TLABC – Punitive Damages in Negligence Claims: Practical Considerations, May 2015
- TLABC – Loss of Future Earnings in the age of the Oil Sands, Nov, 2014
- TLABC – The Vicarious Liability of Motor Vehicle Owners’ In British Columbia, 2012
- TLABC – Morality of Fault, 2011
- BC Patient Safety and Quality Control – S.51 Evidence Act, 2009
- Pacific Business and Law Institute – Third Party Bad Faith Claims, 2009
- Continuing Legal Education (CLE) BC – Highway Maintenance Claims, 2005
- Continuing Legal Education (CLE) BC – ABCs of Head Injury Claims, 2003
Bill Dick and his Paralegal Cathy Davies were a life line for us. We knew right from the start that we were in good hands and were dealing with an outstanding group of Professionals. They were so caring, compassionate and took care of everything which In turn relieved us from all our stress and worries. I can’t say enough good things about this firm. A World Class Operation and I would not hesitate to recommend the Murphy Battiista Law Firm.
In addition to my courtroom experience, I have many years of expertise advocating for clients involved in mediation and arbitration. I have been recognized by Best Lawyers Canada™ (2010-2018) and my effective representation of clients includes taking cases to trial for people who have sustained brain injuries and spinal cord injuries. Whether my clients need help negotiating a compensation claim or taking the matter forward to trial, my knowledge and ability as an advocate have produced positive outcomes for my clients.
Ultimately, my most important role is to secure fair and adequate compensation for my client while trying to minimize the stress associated with a personal injury claim and the litigation process.