If you’ve been in a car accident in British Columbia you will be dealing with ICBC in making a claim for compensation for damages to your vehicle and you will also be making an ICBC injury claim if you have sustained any personal injuries.
Our lawyers have over 36 years of experience helping people injured in car and truck accident get compensation for their injuries.
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Designated drivers now indemnified against injuries caused by a drunk passenger…for now.
November 16, 2015
As we head towards the season of work celebrations and holiday parties the prevalence of designated driver’s is likely to rise. A recent case from the BC Court of Appeal addressed the indemnification of designated drivers and has found that a passenger whose actions cause injury is a “user” of…Continue Reading
Commercial hosts serving alcohol owe a duty of care to patrons.
October 24, 2017
This past March, Mr. Justice Kent of the Supreme Court of British Columbia set a new precedent in Widdowson v. Rockwell, 2017 BCSC 385, a summary trial of a commercial host liability claim. Murphy Battista LLP’s Paul Bosco and Joe Battista, Q.C. represented the plaintiff, Stuart Widdowson who was walking…Continue Reading
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.
Scott Stanley and Stephen Gibson successfully represented the Plaintiff at trial. The Plaintiff was a lawyer who had the misfortune of being injured in multiple car accidents. The Plaintiff’s damages were assessed at $446,000.
Keri Grenier and Matthew Van Nostrand acted for the plaintiff in this case involving the impact of injuries caused in two separate rear-end collisions. In the first accident, Ms. Pinkney hit her head and lost consciousness for a short time and was treated for injuries to her neck, back, and thumb. The second accident was less severe, aggravating the initial injuries and setting back the progress she had been making in her recovery. The main issue at trial was the impact of Ms. Pinkney’s injuries on her ability to work in the family business. Although the business grew after the accidents (causing ICBC to argue that there was no loss), Ms. Pinkney’s involvement diminished, meaning that the business was less profitable than it would have been had Ms. Pinkney not been injured. The court ultimately found that Ms. Pinkney’s ability to earn income was impacted, and awarded $442,600 in damages.
Kevin Gourlay and Stephen Gibson acted for a plaintiff who suffered persistent cognitive symptoms arising from a concussion / mild traumatic brain injury suffered in a 2014 motor vehicle accident. The defence disputed the nature of her injury and suggested it would only have a minimal impact on her ability to earn income. Counsel led evidence from family doctors, a physiatrist, a neuropsychologist, a physiatrist, a psychologist, and an occupational therapist in order to prove her injuries. The Court awarded the plaintiff damages of $428,272, including $140,000 for pain and suffering, $170,000 for lost future earning capacity, and $30,627 for future care.
John Cameron and Paul Bosco acted for Mr. Welder, who sustained injuries to his neck, headaches, and concentration difficulties after a motor vehicle accident. His injuries impacted his life, particularly his ability to continue to work as a tower crane operator, a job he had enjoyed and performed for over 30 years prior to his injuries. One of the main issues at trial was quantifying the losses to Mr. Welder, as he had put together a successful company after his injuries and was employing others to do the tower crane work he had previously done himself. ICBC argued that, as Mr. Welder’s company was now so successful, he should be not be awarded any earning capacity losses for the loss of his ability to operate a tower crane. However the judge accepted John and Paul’s arguments and awarded Mr. Welder damages for lost past and future income. The Court found that Mr. Welder had unquestionably suffered a loss of the ability to perform a job that he was very good at and such a loss has economic value. The Court ultimately awarded Mr. Welder over $450,000 in compensation, including damages for loss of earning capacity, an award which was significantly more than ICBC offered before trial.
Raj Dewar and Kevin Hyde were counsel for a 34 –year-old third generation stonemason who sustained injuries to his neck and right shoulder in two motor vehicle collisions. ICBC denied fault for both collisions until 2 days before the start of trial. The Plaintiff proceeded to trial and was awarded compensation for his injuries and losses in the amount of $673,770 plus costs and disbursements. The Plaintiff was also awarded double costs from the time of his formal offer to settle, beating ICBC’s formal offer to settle by over half a million dollars. The oral reasons included damages for $130,000 for pain and suffering, $98,600 for future care, and $395,000 for loss of earning capacity.
Stephen Gibson and Scott Stanley acted for the plaintiff who had his ICBC claim dismissed as a result of the negligence of another lawyer at another firm. They were successful at trial, and the plaintiff was awarded damages of $175,000 against his former lawyer. Before coming to Stephen and Scott, the plaintiff had consulted with 46 lawyers who all refused to take the case. This is an example of the lawyers at Murphy Battista LLP taking the necessary steps, that other lawyers cannot do or will not take, when it is in best interests of an injured person.
John M. Cameron and Paul Bosco acted for Mr. Niessen, who was the sole proprietor of a plumbing-and-heating company. Mr. Niessen sustained significant injuries (head, neck, and lower back) when his vehicle was struck by a vehicle that crossed the centre line of a highway and these injuries affected all areas of his life. The main issue at trial was the degree to which Mr. Niessen’s ability to earn income had suffered as a result of his injuries. ICBC took the position that there was a lack of documented evidence to support this loss. However, the court accepted Mr. Cameron and Mr. Bosco’s arguments that Mr. Niessen’s history of skill and ability in his industry, his business records, and the witness called on his behalf including former co-workers and customers, all were sufficient to prove that a significant loss had occurred. In the end, the Court awarded over $840,000 for this loss of earning potential. Overall, the court awarded Mr. Niessen just over $1.2 million, which was almost triple the amount the insurance company had argued Mr. Niessen deserved.
Stephen Gibson, Scott Stanley, and Brandon Souza acted for the plaintiff who suffered a traumatic brain injury and a spinal cord injury that rendered her an incomplete quadriplegic. The plaintiff, an engineer, was driving across train tracks at a passive crossing when a train collided with the right side of her vehicle. The court found that Canadian National Railway Company was aware of insufficient sight lines and the dangerous nature of the specific railway crossing for many years prior to the accident and took no actions to ameliorate those risks. Despite the Plaintiff’s failure to stop at a stop sign at the railway crossing, Canadian National Railway Company was still found 60% at fault for the accident. The court awarded approximately $3,200,000 in damages.
Jeff Nieuwenburg acted for the plaintiff on an appeal regarding a finding of contributory negligence on her part and failure to mitigate her damages. The appeal was successful in part with the court finding there was no evidence that the plaintiff failed to follow a treatment, that would have decreased her damages and the failure to mitigate finding was set aside. In the result, this meant that the plaintiff was entitled to recoup the 75% reduction that had been applied to her damages award for failure to mitigate.
Veronic Medved and Tara Chandler acted for a Plaintiff who was only 23 years old at the time of the collision. After T-boning the Defendant (who was found 100% responsible for the collision), the Plaintiff developed a traumatic lesion on her spine and chronic pain condition which disabled her from gainful employment. The Court awarded damages in the amount of $1,885,000, including $185,000 for pain and suffering and $1,297,146 in future income loss. Although her working history was short, the Court accepted that as a single mom, the Plaintiff was very attached to the workforce and would have worked on a full-time basis to the age of 70 without voluntary withdrawal.
In QP v. Bolton, Alex Sayn-Wittgenstein and Paul Bosco acted for an RCMP officer who was significantly injured in the course of his duties. The court accepted their arguments that his life was significantly impacted as a result of his injuries, he missed out on earning overtime income, his opportunity for advancement in his career may be limited, and that his wife was entitled to compensation for the care she provided by way of an in trust claim. The court also accepted their argument that he and his employer should be compensated for the time he missed from work, despite having been paid by his employer for this time, finding that it would be unfair to let the wrongdoer benefit from the generosity of the employer.
Bill Dick and Keri Grenier acted for a plaintiff whose injuries had rendered her an incomplete quadriplegic. The Court agreed that she required full time care that was being provided up to the date of trial by her spouse. The Court awarded total damages exceeding $3.4 million.
Scott Stanley and Brandon Souza acted for the plaintiff in this case involved physical and psychological injuries sustained by a 49 year-old pedestrian on a sidewalk when a driver lost control while attempting to park, drove onto the sidewalk, and pinned the pedestrian against a wall. The pedestrian required three surgeries and had significant limitations with work as a teaching assistant and day-to-day living. The court awarded $1,064,682.07.
Kevin Gourlay and Paul Bosco acted for a 46-year-old tradesman who sustained injuries to his head, neck and back in a head-on collision. The plaintiff also claimed compensation for psychological injuries. He was initially denied benefits by ICBC who said that it was a WCB issue. Having overcome that defence, the plaintiff proceeded to trial and recovered damages of $724,000, including $150,000 for pain and suffering and $400,000 for lost earning capacity.
At issue was whether a car dealership should be found liable for injuries caused by a truck stolen from their car lot. The court accepted that not only was the thief at fault, but the dealership was as well. The evidence established that an employee left the truck unattended with the keys in the ignition, engine running, and doors unlocked for a period of about 40 minutes. Alex Sayn-Wittgenstein and Paul Bosco successfully argued their client was not at all contributorily negligent for having removed his seat belt prior to the collision in anticipation of pursuing the thief on foot.
AT was a man who worked in the funeral services industry and who suffered serious back pain and spasms after a motor vehicle accident. Unfortunately this chronic pain eventually led to the loss of his career. John M. Cameron of Murphy Battista assisted Mr. David Kolb of Kolb Law Corporation and together they represented AT in a trial in BC Supreme Court. AT achieved an award for compensation of $586,000 which was four times more than ICBC’s best pre-trial offer. AT was awarded $110,000.00 for pain and suffering, $108,000 for diminished earning capacity up to trial, $320,000 for loss of future earnings, and $45,000 for the costs of future medical care.
Scott Stanley was co-counsel in defending a plaintiff against an appeal of a successful judgment of $515,057 which was awarded to the plaintiff for soft tissue injuries and chronic pain. The Defendants challenged the awards for past and future loss of earning capacity arguing these could not be justified on the facts and were not adequately explained in the reasons for judgment by the trial judge. The BC Court of appeal dismissed the appeal and let the judgment stand.
Brian Brooke and Jeffrey Nieuwenburg represented a plaintiff, who was 19 at the time, who was injured while riding as a passenger in a friend’s vehicle when the vehicle left the roadway and rolled. She sustained compression fractures to her thoracic vertebrae and a closed head injury. As a result of these injuries, the plaintiff developed a chronic pain condition and was unable to pursue her dreams of becoming a registered nurse. At trial, the defendant was found wholly responsible for the accident. The plaintiff was awarded damages of approximately $1.4 million.
Joe Battista, Q.C. and Paul Bosco represented a pedestrian plaintiff who sustained catastrophic injuries, including a brain injury, after being struck by a drunk driver. The driver had recently left a pub, and made several brief stops, including at his home, before colliding with the plaintiff. The law up to this point was that if a patron makes it to their home, by whatever means, the establishment would no longer be liable for injuries caused by the patron, full stop. The court rejected this proposition, and found the pub partially liable for the plaintiff’s injuries. This decision effectively became the new law in BC on commercial host liability, expanding the responsibility owed by establishments, and creating a more favourable legal landscape for claimants who have been injured by intoxicated patrons.
Raj Dewar acted for the Plaintiff – a 34 year old administrative assistant – who suffered injuries to her neck and mid-back when she was rear-ended in a collision. ICBC agreed the other driver was at fault and admitted that the injuries the Plaintiff suffered were as a result of the collision. However, ICBC refused the Plaintiff’s offer to settle her claim and forced her to go to trial. At trial, the judge awarded $70,986.35 in compensation for her injuries and double costs against ICBC as the Plaintiff had been prepared to resolve her case for less than what the judge awarded her.
Scott Stanley represented the Plaintiff in this proceeding involved motor vehicle accidents that occurred on March 9, 2010 and December 7, 2013. Liability was admitted for both accidents.
The Plaintiff alleged that she sustained a neck injury which resulted in headaches and dizziness. While the Plaintiff was able to continue with her work for 3 years, she struggled to do so, and eventually stopped working. The Defendants position was that the Plaintiff sustained only minor injuries and was capable of working claiming that her problems were either exaggerated or not related to the accidents.
The Plaintiff’s case went to trial on April 25, 2016 and was heard by a Judge and Jury. The Jury awarded the Plaintiff $373,600 in damages, essentially accepting every claim that was advanced on behalf of the Plaintiff.
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.
John Cameron and Brandon Souza acted for A.B., a 37-year-old professional resume writer who was injured in a rear-end motor vehicle accident. The accident left her with significant ongoing pain in her neck along with post-traumatic stress disorder and major depressive disorder. Her symptoms limited her ability to work and grow her business as she had prior to the accident. After a 3-week trial, the Court awarded damages totaling $352,000, plus costs. The judgment included damages for the plaintiff’s future lost earning capacity of $170,000. Prior to trial ICBC’s best offer was only half of the compensation which A.B eventually received.
Joe Murphy, Q.C., Kevin Gourlay, and Mike Murphy acted for the plaintiff who was 16 when he was hit by a young woman who was not paying attention while driving on Halloween night in 2008. He suffered a significant traumatic brain injury. Before the accident, he had been an exceptionally gifted young man. Although he remained intelligent and was attending university, he was plagued by fatigue and cognitive difficulties as a result of the accident that would significantly impact his ability to work as an engineer. The Court assessed damages at $3,297,000, including $3M for loss of future earning capacity.
Alex Sayn-Wittgenstein and Paul Bosco represented an 83 year-old plaintiff who sustained life-threatening injuries, including a brain injury and various fractures, when he was struck by a vehicle while standing at a bus stop. ICBC denied liability but court found that the driver’s testimony was “littered with enormous credibility issues.” The driver, who had fled the accident scene, was found fully at fault. The plaintiff was awarded over $800,000 at trial, including $315,000 for pain and suffering, over $400,000 for future care, and $55,000 in-trust for the care provided by his wife during his recovery. Due to the plaintiff’s age and injuries, the case was brought to trial quickly, with the trial judgment being made less than 2 years after the accident.
Scott Stanley, Brian Brooke and Jeff Nieuwenberg acted for the the plaintiff who alleged that the defendant municipality was negligent in its winter maintenance of the road where the accident that injured the plaintiff had occurred. The plaintiff claimed her injuries disabled her from working and most activities of daily living. While the Jury found the parties shared liability it awarded the plaintiff damages of $3,576,600. The Jury also found the plaintiff had failed to mitigate her damages. The plaintiff later appealed and was partly successful in that the BC Court of Appeal set aside the Jury finding that she had failed to mitigate her damages (see: Rhodes v. Surrey (City), 2016 BCSC 1880).
Scott Stanley and Brandon Souza represented two young girls, who were 15 and 11 at the time of the accident. Both sustained spinal fractures and one was rendered a paraplegic. Both girls were passengers in their mother’s vehicle which was struck by another vehicle that crossed into their lane during a snow storm. The driver that crossed into their lane was found 100% at fault for the accident.
Kevin Gourlay was counsel for a 44-year-old general contractor who was injured in two rear-end motor vehicle accidents. The accidents left him with significant ongoing pain in his neck and back that limited his ability to work as he had prior to the accidents. After a 5-day trial, the Court awarded damages totalling $468,365, plus costs. The judgment included damages for the plaintiff’s future lost earning capacity of $285,845.
Scott Stanley and Mike Murphy represented the Plaintiffs in this case involving mild and moderate brain injuries that the plaintiffs sustained as two passengers when the driver of their vehicle lost control on the highway and crashed into a ditch. The court awarded $943,889.36 and $1,525,404.77, respectively.
Scott Stanley represented the Plaintiff on this appeal from a finding that a Defendant driver was not insured under the insurance policy of a leasing vehicle. The Defendant driver only had a $1 million policy limit with ICBC but the Plaintiff’s damages were $1.6 million. The Plaintiff sought to obtain the additional $600,000 from the insurance policy of the leasing company. The Plaintiff was not successful at trial but succeeded on the appeal.
Kevin Gourlay acted for a massage therapist who sustained soft tissue injuries to her back in left-turn accident. The defendant argued that our client was wholly or partially at fault for the accident. Chief Justice Hinkson found the defendant to be entirely at fault for causing the accident and awarded damages totalling $373,424. This included $190,000 for lost earning capacity as the plaintiff’s injuries would likely affect her future career as a medical doctor.
Mr. Cameron represented SG at trial in BC Supreme Court and she successfully achieved an award for compensation more than three times the insurer’s best pre-trial offer. She was awarded $120,000.00 for pain and suffering, $175,000.00 for diminished earning capacity and a past loss of earnings of $40,000.00. She was also awarded $10,000.00 for future cost of future medical care.
Scott Stanley and Kevin Gourlay acted for the plaintiff, an emergency room doctor who sustained a concussion when he was rear-ended by a bus. Sadly, he was among the unlucky and statistically small minority of individuals who suffer long-term disabling symptoms as a result of a concussion. That concussion prevented him from being able to return to the practice of medicine.
Result: After a 29-day trial, he received judgment of just under $6,000,000 for damages, primarily resulting from his lost earning capacity as a doctor.
This was a related case to the case involving police officer EJ, noted above. In addition to obtaining compensation at trial for EJ’s injuries. EJ was also awarded compensation for approximately $10,000 of “sick bank” credits he had used while off work recovering from his injuries. ICBC appealed the decision regarding the sick bank credits but the BC Court of Appeal dismissed the appeal and confirmed that ICBC was required to reimburse EJ for the loss of the credits.
Kevin Gourlay acted for a young woman and mother of three who was injured in a motor vehicle accident. At the time of trial, she continued to suffer from mid-back pain as a result of the accident. The Court awarded damages of $91,700, including $60,000 for pain and suffering.
Kyla Taggart was 10 years old when she was struck by the defendant’s vehicle as she attempted to cross the road outside her elementary school. Kyla was in or near an unmarked crosswalk. The defendant took the position that the accident was not her fault and that Kyla’s mother was partially to blame for allowing Kyla to walk home. The Court agreed that the accident was 100% the fault of the defendant driver after accepting evidence that cars in the curb lane had stopped to allow Kyla to cross the road.
KPW was a construction worker who injured his back in a motor vehicle accident. Prior to trial ICBC was prepared to offer him only $42,000 for his injuries and the impact on his employment. Mr. Cameron took the matter to the BC Supreme Court and KPW was eventually awarded over $120,000 in damages for his injuries and lost earnings.
Mr. Cameron was co-counsel in Albert v. Politano, Vancouver Registry No. M104190 where a jury awarded a boxer with a very promising career over $1 Million in damages for career-ending injuries for a motor vehicle accident. This was 20 times the amount the insurance company had assessed his losses at. That award was upheld in its entirety by the BC Court of Appeal.
Scott Stanley and Kevin Gourlay acted for the Plaintiff in this case involving an emergency room doctor that was injured in a rear-end accident which resulted in a mild traumatic brain injury that prevented him from being able to practice medicine. The trial was scheduled to be heard over 35 days. At issue on this application was whether the Defendants were entitled to have the trial heard by a jury rather than a judge sitting alone. We were successful in arguing that the matter was better decided by a judge sitting alone and the court ordered that the Defendant’s jury notice be struck. While jury trials can be the best method of determining the parties’ respective rights, a 35-day trial on a non-criminal matter would be very rare and difficult to manage.
On a dark and foggy morning in February, 2007, the plaintiff was hit on Steveston Highway. Because of his serious injuries, our client had no recollection of the accident. The only witnesses were the defendant and his passenger but the passenger sadly passed away shortly after the accident (and unrelated to the accident). The question was whether the defendant driver was partially at fault for hitting the plaintiff who was admittedly dressed in dark clothing and on the highway when the accident occurred. The Court found that the defendant was 50% responsible for the accident. We were able to demonstrate that the defendant was driving too fast for the foggy conditions and that he was driving far too close to the curb in the over-sized curb lane; the side of his vehicle was almost in the gutter and he was driving in an area of the highway where one would routinely see cyclists.
Mr. Cameron represented EJ, a Vancouver police officer, who sustained injuries to his back and neck after his patrol car was rammed by a suspect in a stolen vehicle. EJ’s injuries compromised some of the overtime opportunities available to him in the police. Mr. Cameron represented EJ at trial in BC Supreme Court. Prior to the trial ICBC offered EJ $50,000. EJ was awarded over $120,000 at trial.
The Plaintiff was injured in a motor vehicle collision. She was ultimately diagnosed with fibromyalgia. At trial she was represented by David Kolb and Mr. Cameron. The trial judge awarded significant damages for diminished earning capacity despite the Plaintiff having been diligent and not missing any work up to the time of trial.
ICBC appealed arguing that the Judge erred in awarding these damages because the judge relied on “common experience that a person with a stable but persistent energy-draining (missing something) ICBC argued that this was speculative and there was no evidence to suggest this is so. While the Plaintiff’s total damages were reduced slightly at the appeal to $475,000, the BC Court of Appeal was quick to dismiss the above argument finding it was simply a matter of common sense that chronic pain takes its toll. In doing so the Court provided the following reasons: Accepting that, to use the expression used at trial and at the hearing of this appeal, Ms. Morlan’s condition had “plateaued”, the fact remains that she would forever suffer from debilitating chronic pain along with headaches, symptoms that could be reduced, but not eliminated, by medication. In other words, throughout each and every day of her life, Ms. Morlan would have to cope with some level of discomfort. In my view, it was open to the trial judge to find—essentially as a matter of common sense—that constant and continuous pain takes its toll and that, over time, such pain will have a detrimental effect on a person’s ability to work, regardless of what accommodations an employer is prepared to make.The Plaintiff was represented at trial by Mr. David Kolb and Mr. Cameron. Her appeal was conducted by Mr. Kolb, Mr. Cameron and senior appeal counsel, Mr. Barry Fraser.
Scott Stanley and Kevin Gourlay represented the Plaintiff who was injured in a rear-end motor vehicle accident. The Defendant argued that the Plaintiff had cut him off and was responsible for the accident. The Defendant also disputed the magnitude of the Plaintiff’s injuries. The Court found that the Defendant was responsible for the accident as the Plaintiff was established in the lane before being hit by the Defendant. The Defendant simply failed to see what he ought to have seen: the Plaintiff’s vehicle. The Plaintiff’s evidence that he had suffered soft tissue injuries to his shoulder, neck and back was accepted. Damages of just under $50,000 were awarded, including $42,500 for pain and suffering.
We acted for a young architect who was injured in two motor vehicle accidents. The other drivers in each accident admitted that they were at fault but challenged the severity of the plaintiff’s injuries. The court accepted that the plaintiff had suffered serious long-term soft tissue injuries in the accidents and awarded damages of over $190,000. That included awards of $70,000 for pain and suffering and $90,000 for lost earning capacity.
This was an application regarding costs following a 29-day trial in which the plaintiff had been awarded nearly $6,000,000 in damages following a fall at a night club that had resulted in a mild traumatic brain injury. The court concluded that the plaintiff was entitled to her costs from the defendant insurer despite the insurer not being obligated to indemnify the plaintiff for her losses.
KD was a university student who was injured when a vehicle she was riding in was struck by a stolen car. Her injuries affected her work as a lifeguard at the university pool and persisted after graduation as she entered the workforce. Prior to obtaining Mr. Cameron’s help she was advised that her case was a soft tissue injury, which ICBC valued at $6,500. Her case eventually went to trial and she was awarded over $100,000 in compensation.
CM was 46 years of age when involved in two motor vehicle accidents. She had worked steadily for 30 years before the accidents and had been very healthy. She was a high energy, motivated individual in all aspects of her life before the accidents. After the accidents she had to seek employment in a less demanding job and leaving a job she loved was a huge blow for her. After the accidents she was a different woman. Her energy was very low compared to what it was before. She developed fibromyalgia and was in constant pain, made endurable by taking large amounts of painkillers and nerve block drugs. ICBC offered to settle her case for $150,000 before trial. Mr. Cameron assisted Mr. David Kolb and took CM’s case to trial, where she was awarded $610,000 in damages.
Jury trial involving a 50-year-old mechanic from Lebanon who had immigrated to Vancouver in 1990. He was injured in two motor vehicle accidents which resulted in a herniated disc in his back. That injury prevented him from being able to work as he had previously. The defendants denied that the plaintiff had ongoing disabilities arising from the accidents. After a three-week trial in front of a jury, the jury awarded Mr. Kassem damages of $544,166, including $490,000 for lost earning capacity.
IV was injured in two accidents. The damage to the vehicles was modest, but she suffered injuries to her neck, back and hips which did not improve. ICBC told IV that in their view her accidents were too minor to deserve any compensation. IV’s injuries persisted in spite of medical treatment by her family doctor and other therapy, and over time her condition deteriorated. Even though IV had health problems before the accidents, it was clear to her that the two car accidents had made her overall health much worse. Mr. Cameron represented IV in a trial in the Supreme Court of British Columbia. The Court awarded IV more than $230,000 in damages plus compensation for the legal costs of fighting her case.
Joe Murphy, Q.C. represented the plaintiff who suffered a mild traumatic brain injury at a night club. The plaintiff had been about to start a legal career at the time of the accident. The court awarded $5,934,712 for the loss of a career that ended before it began.
The plaintiff was a young plumber injured in a motor vehicle accident. The defendant admitted fault for the accident but suggested the plaintiff’s injuries were not as disabling as alleged. The court agreed that the plaintiff had suffered significant injuries that would have a long-term impact on his ability to work as a plumber. Damages of over $400,000 were awarded, including $75,000 for pain and suffering, $250,000 for lost future earnings, and $76,000 for future care needs.
Years after her car was T-boned by a vehicle which had run a stop sign, SB still suffered from back and hip pain. Deeming ICBC’s offer of $10,000 in compensation as insufficient, SB took her case to Mr. Cameron, who brought the case to trial and helped her secure seven times that number in damages.
Scott Stanley and Irina Kordic acted for the plaintiff in this proceeding involving a motor vehicle accident that occurred on October 8, 2003. The Plaintiff was struck from behind by another vehicle and alleged that he sustained a concussion and soft tissue injuries. The Plaintiff alleged that he experienced permanent cognitive and physical symptoms as a result of the injuries he sustained in the accident.
The Defendant denied that the Plaintiff sustained a concussion and further denied that he had any permanent cognitive or physical symptoms as a result of the accident.
The Plaintiff’s case went to trial on April 14, 2009 and was heard by a Judge and Jury.
The Jury awarded the Plaintiff $638,000 damages.
AF injured her back in a motor vehicle accident prior to becoming a police officer. Her injuries affected her training at the Police Academy and also limited some of the overtime opportunities available to her in the police. Mr. Cameron assisted another lawyer, Mr. David Kolb, in conducting a trial for A. in B.C. Supreme Court. Prior to the trial ICBC offered AF $15,000. AF was awarded over $85,000 at trial.
SR, a police officer, suffered injuries to his hips and lower back when he was involved in a motor vehicle accident while off-duty. His accident occurred while he was trying to cross a highway and was struck by another vehicle. A key issue in the case was who was at fault for the accident. ICBC took the position that SR was to blame for the accident. Mr. Cameron assisted SR at trial and the other driver was found to be 90% to blame for the accident. SR received over $125,000 in damages for his injuries.
JC was a fit young man whose knees were injured in a motor vehicle accident. Prior to consulting Mr. Cameron he had been offered $5,000 in compensation for his injuries. Mr. Cameron represented JC at trial and he was awarded over $45,000 in damages.
CL was a fit and active real estate agent who was injured when his vehicle was rear-ended. Prior to retaining John M. Cameron Law Corporation he was offered $10,000 in compensation by ICBC. The matter eventually went to trial and Mr. Cameron assisted CL in obtaining a damage award in excess of $75,000.
NG was a Starbucks barista who was injured when her vehicle was rear-ended. ICBC denied her any compensation on the basis of its low velocity impact program. Mr. Cameron took on her case and by the time of trial NG had become an RCMP officer. NG was awarded over $25,000 in compensation by the Court.
DH was a waitress/bartender who injured her knee in a motor vehicle accident. Prior to retaining John M. Cameron Law Corporation, she was offered a $500 settlement for what ICBC described as a minor soft tissue injury. Her case eventually went to trial and she was awarded over $65,000 in compensation. Mr. Cameron successfully proved that DH was also entitled to compensation for lost tips even though there were no formal records of the tips maintained at her work place.
Joe Murphy, Q.C. and Brian Brooke acted for a young woman who had sustained a traumatic brain injury.
Bill and Cathie are an amazing team. Our experience with Bill handling my sons ICBC accident far exceeded our expectations. He met with us in the hospital while our son was recovering and then again at our house when he was discharged from the hospital. They arranged for anything that was needed. They had no problem taking the time to explain things we didn’t understand throughout the whole process.
I would personally recommend Kevin P. Hyde from Murphy Battista LLP. Kevin represented me in a MVA case. Kevin was a pleasure to work with, He was very professional and informative. He was always in contact with me for every step of the way and help me get a fair settlement. Kevin helped me through a difficult time in my life, he truly takes pride in his work and is very knowledgeable.
Thank you Stephen Gibson. We are grateful to Stephen Gibson and his team for representing and supporting us through the horrific ordeal of dealing with a terrible car accident created by a drunk driver while we were on a family holiday. Stephen was knowledgable, always available and so personable that even our children know him on a first name basis. If we or anyone we know ever need a lawyer again.for anything, he will be the one we call.
Scott Stanley of Murphy Battista and his exceptional legal team, gave me me the best legal direction, and support , I could possibly hope for, so I could focus on my recovery physically, mentally, and not suffer financially after I survived as a serious car accident.
Mike Murphy assisted me through the legalities of a very challenging injury which occurred in a MVA back in 2016. I am very grateful for the directions and suggestions from diagnosis to treatment which I received. I would highly recommend the services of Murphy Battista LLP – Vancouver.
Scott Stanley, of Murphy Battista in Vancouver, is an excellent lawyer! Not only did he and his amazing team work diligently on my ICBC case, they were empathetic, kind and compassionate along the way. I highly recommend this firm and Scott specifically…
Brandon was the opposite of the stereotype many people have about personal injury lawyers. He was warm and genuine, reflecting honesty, integrity, and fairness throughout a complex process (navigating changes with ICBC when I could not get answers from my adjuster). I’m an extremely busy person, so it was such a relief when he took on the whole process himself. He was a great advocate and completely trustworthy. I felt safe in his hands from start to finish.
I was looking for a lawyer due to my car accident when I was highly referred by my RMT (that I’ve been going to for years) to Mike Murphy & his team, who were awesome to work. It was my first time getting legal representation. They are detail oriented, well organized, professional, thorough and made it quite a stressFREE experience for me. I was able to focus on other things while they handled all the heavy lifting. Mike and his team worked very diligently to get the best results. They work with you to set the expectation and adjust it if needed. Mike always kept in mind what I aiming for and ensured that I could just focus on my health without the legal headache. They offered me their professional opinions when i needed it. Mike was very respectful and informative throughout the process no matter if it was just to touch base, small or big updates or to explain the next steps to moving forward. Mike and his team are on the top of my mind if anyone asks for any legal representation (even if that’s not their field I’d shoot them his way before they go anywhere else) I trust them and would recommend them wholeheartedly but why not find out for yourself 😉
If you are searching a law firm to represent you, Please read my story, it may help you make an informed decision. A little over a year and half ago, I was searching the net to find a law firm to represent me with ICBC. I am a huge believer of customer reviews. So every time I want to buy a product or service, I read the reviews first, because customer reviews are the best indicative of the quality of the product or the service that you are about to obtain. After I checked out several law firms, I narrowed my choice between two law-firms that had the rating of 4.3 and 4.5 stars. These ratings are very good, and the people who wrote them said nice things about both firms. So, I was weighing options between the two firms. Then, by chance, I came across this law firm, Murphy-Battista, which had a perfect 5 star rating! If this rating was given by one person, or 3 people, or even 5 people, I would not have selected this firm because the margin would have been too small to rely upon. However, I read the reviews of 25 people who used this firm, who reviewed it, and each one of them gave it a perfect 5 stars! That is really impressive. And based on the glowing recommendations of those who dealt with it, I retained this law firm, and Paul Bosco was my lawyer. When I first met Paul at his office, he told me to concentrate on my rehabilitation, and leave everything else for him. That was very reassuring. I found Paul to be honest, transparent and caring. When I recovered from my injury, Paul quickly settled my cause on amount that was much higher than I expected. It so happened that my wife, unfortunately, got into an accident several months later. And naturally, we retained Paul for that as well. And just, as in my case, Paul settled my wife’s case for amount that was higher than we expected. The company did not give me one cent to commend them or say nice things about them. I am doing it because I enormously benefited from the writers of the previous reviews who enticed me into this law firm. And I am doing the same thing so that potential customers would benefit from this amazing firm just as I did. The bottom line is this: You cannot go wrong on this law firm. Hire them. You will be glad you did.
Kevin and his team, Christina and Virginia were incredibly supportive, kind and direct with me as I battled with ICBC for the fight of my life. I never felt as though I was alone. They held my hand when I needed it, reminded me of appointments and stood up for me against ICBC’s band of heavy weights; I always felt safe in their hands. I received a fair settlement and am able to get on with the business of living now and I can’t thank them enough. You will never regret putting your life in their hands, they are tough, experienced and amazing people.
Paul Bosco had represented me for my ICBC injury claim and did a excellent job with my case. Great, professional team that was there for any concerns that I had. Would highly recommend Paul to anyone looking.
Mike is a great lawyer who won’t hesitate to help his clients to the best of his abilities. He was always on the ball, honest, and professional dealing with my ICBC claim. Good guy at a good law firm.
I had a great experience working with the team at Murphy Battista. Bill was very transparent and his excellent team walked me through everything that was happening and were always there to talk. I would highly recommend talking to them before any ICBC representative.
Matthew and Stacey! Thank you for your hard work and for providing support during the agonizing process of dealing with ICBC. This team comes highly recommended. Thank you for everything!
I cannot say enough about how Keri Grenier and helped me through the long and arduous path to a settlement with ICBC. She was knowledgeable, caring, truthful, understanding and was a pleasure to deal with. Her staff were equally impressive. I highly recommend Keri Grenier and her firm Murphy Battista.
Professional, caring dedicated , hard working lawyers . Thank you Paul Bosco and Kevin Gourlay for representing my daughter in her ICBC trial. I was thoroughly impressed with you both and extremely happy to hear of the settlement outcome. Very grateful for your excellence in law and time and effort you spent on the case. Great team effort!! Would definitely recommend!!
I’ve had the pleasure of working with Kevin Hyde and am impressed with his professionalism and promptness with respect to my ICBC case. I interviewed several lawyers before signing on with Murphy Battista and it’s the best decision I made. As soon as ICBC found out I am working with Murphy Battista, the case was referred to another adjuster at ICBC and my treatment referrals started getting approved right away. You owe it to your self to at least speak with them if you require any services they provide. Many of the law firms that I interviewed would have a Client Service Manager or Office Manager type person take down my information, and then I would get 5 minutes with the actual lawyer to ask questions. Not here, Kevin spent close to two hours with me and my girlfriend getting to know us and our situation everything we should expect in the next while. The case is not close to being settled yet, but I am confident that I am in good hands.
My husband had Murphy Battista Law Group represent him for his Icbc case. Throughout the whole process they guided and assisted us with anything we needed. I would recommend them to anyone needing a lawyer. They are a very professional group and if you have an injury they will make sure you get the proper treatment and settlement for your claim. Thank you Murphy Battista Law Group and Irina Kordic especially. We wish you continuos business and best of luck
After a car accident, a close family friend referred me to work with Murphy Battista on my claim – specifically, with Stephen Gibson. This turned out to be an excellent suggestion. Since 2017, Stephen and his dedicated team have worked on my case diligently and professionally. I genuinely felt like “more than just an ICBC case” to the firm. Stephen ensured that I had everything I needed (OT’s, doctors and specialists, etc) and communicated throughout the entire process. I can’t thank Stephen enough for his tireless efforts which have resulted in a successful settlement. If you’re ever in need of legal counsel, this is the firm to choose!
Scott Stanley took my case. He and the MB team were extremely helpful and supportive. He listened, he was responsive and acted in an upfront and professional manner – and he successfully negotiated my claim with ICBC; exceeding my expectations. You can’t ask for better than that!
I feel very fortunate that I was able to have Mr. Kevin P Hyde represent me in negotiating a fare settlement with ICBC after I was injured in an automobile accident. Kevin’s knowledge, experience and expertise in dealing with personal injury claims really made a difference. That, along with his excellent negotiating skills, made me feel confident that he would achieve a very favorable settlement outcome for me. I am very satisfied with the settlement Kevin negotiated for me. Kevin worked very hard for me and I would not hesitate recommending Kevin P Hyde to anyone who is in need of a personal injury lawyer.
If you are seeking legal representation due to a significant MVA, I would highly recommend the firm of Murphy Battista LLP (Vancouver). Scott Stanley accepted my case after I experienced the typical negative experience one encounters when trying to deal directly with ICBC; and he was nothing but professional, responsive, empathetic, and supportive during the lengthy period that my case worked it’s way thru the legal twists and turns. Scott, and his team, kept me apprised at regular intervals, and was open and forthright during discussions on my case’s possible outcomes. He has the experience and track-record that made me very comfortable in authorizing direction on my file, and I was very pleased with the outcome. I wouldn’t hesitate to seek Scott’s services again if ever unfortunate to require it….Let’s hope not 🙂
While cycling I was struck by a car and seriously injured. My injuries negatively influenced every aspect of my life. The first law firm that represented me failed to take me seriously while leaving me belittled. None of my concerns were addressed in a meaningful way. I felt cheated. At that point, I didn’t have an advocate. A friend of mine whose wife works for a different law firm that handled ICBC claims actually referred me to Kevin. In what can only be described as a pronounced turnaround Kevin addressed and acted on my concerns while referring me to appropriate specialists. Kevin Gourlay is and experienced attorney and is respected by ICBC. His team managed my file and always acted expeditiously. I am forever grateful for the representations Kevin made on my behalf.
If you’re looking for an ICBC lawyer this is the place to go very well respected and has a great record when representing clients against ICBC
I had Raj Dewar as my lawyer in my ICBC case, and I was very glad I had Raj on my side. Raj Dewar is a dedicated professional, who worked hard on my case. She is very energetic with strong work ethics, and I would highly recommend her for anyone who is looking for a great presentation and defense.
I just settled my ICBC personal injury claim with Kevin Hyde and am very happy with my settlement and the attentive manner in which Kevin and the staff at Murphy Battista handled my case. I would highly recommend Kevin to anyone wanting a caring, professional, attentive, quality result. Thank you Kevin , Erin and all at Murphy Battista for helping me get my life back!
Scott Stanley was my legal counsel for my motor vehicle accident claim. The injuries I sustained in the accident were life changing. Prior to retaining Scott, I was represented by another lawyer from a different law firm. I soon realized that this was not the right lawyer for me. Now enter Scott Stanley into the picture. I am truly blessed to have stumbled across Scott Stanley. After doing some research and reviewing his long list of successful court cases, I knew he was the right lawyer for me. Scott has a long history of holding insurance companies feet to the fire. Insurance companies take him seriously. He isn’t a push over. Immediately after retaining him I was put at ease. He got the insurance company to start paying for all of my medical treatment. (something my previous lawyer couldn’t do). Anytime I had questions or concerns he was always made himself available to answer them. Calls and emails were returned promptly. The same can be said for his staff. They were also excellent to deal with. Overall, I am truly impressed with how Scott handled my claims and the results he obtained. Words can’t describe how impressed I am. I cannot recommend Scott Stanley enough. Thank you to Scott and all of the the amazing staff at Murphy Battista LLP.
Words cannot capture the feeling of knowing you’re in excellent hands when you feel exceptionally vulnerable. After my car accident, I was fortunate enough to have Stephen Gibson and his team working tirelessly for me while I focused on my health and recovery. I was taken seriously, shown compassion and understanding, provided sound advice and recommendations, and settled with the best possible outcome in my situation. Stephen and his team gave me peace of mind during a time that had so much uncertainty and for that I am forever grateful. I’m normally skeptical about anywhere that has 5 star google ratings, but I have to say that in this case, there’s no BS, these guys have 5 stars across the board, because they are the definition of 5 star service. I hope to never have to endure another personal injury situation again, however if that were ever to happen, I feel great comfort in knowing I could call Stephen Gibson at Murphy Battista in a heartbeat.
M Fay Patkau5
Scott Stanley from the firm Murphy Battista was highly recommended to be legal council for a motor vehicle accident that I had been involved in. I found him to be very knowledgeable, honest, sincere and caring. It made me feel that I had chosen a lawyer with integrity and who was there to protect me. He was a tremendous help to me through the process of filing the claim which had a successful outcome. Hans Patkau
After having a terrible car accident in 2014, my life suddenly changed dramatically and it would never be the same for me anymore, and I got really depressed. Luckily I had a compassionate lawyer, Stephen Gibson, from Murphy Battista helping me to deal with my lawsuit. He did not only work extremely hard for my lawsuit but also provided me great emotional support. During the years of my lawsuit, I became very anxious and worried, sometime even angry about things, Steve has always been very patient with my numerous questions and inquiries. He always responded my emails instantly and it made me feel that he really cares about his clients. I have a warm feeling that he has been always there supporting me which means a lot to me. I understand that Steve has done his best to help me to get the maximum financial outcome and I really appreciate him for all effort he put for my case. Also, I want to thank another lawyer Scott who also provided his assistance and support for my lawsuit. Thanks for other Murphy Battista staff who helped me with my case. I will strongly recommend Murphy Battista to other clients whoever need the services they could provide.
I was represented by Irina recently for an automobile accident injury. Honestly, I can’t say enough about how amazing and professional the staff are at Murphy Bautista! I would not hesitate to recommend Irina or the firm Murphy Battista to anyone who needs legal advice.
How can I describe Scott Stanley and his team? Excellent communication, well spoken, punctual, well organized, thorough, detail oriented, client-oriented, protecting client well-being, in-depth knowledge of personal injury laws/case laws, experienced team. I have been working with Scott and his team (Leslie McDougall (legal Assistant) & Andrew Brine (lawyer)) for many years on my case and I am extremely impressed with their professionalism and staying on top of my case amongst many others, while maintaining consistent contacts and keeping me up to date through emails and phone calls. I had a previous lawyer before Scott and trust me, I have never met the previous lawyer aside from his articling student who were negligent in their job. Scott was willing to taken on my case and was able to attain a great outcome through hard work and commitment in his responsibilities as my legal representatives. Being able to contact Scott, Leslie and Andrew when I needed them, either, at the office (in person), email or cell phone, was very important and they were quick to respond if, they were in trial. Having a team like Scott’s has been life saving and most importantly, mentally supportive, for me and my family as it was tough at the beginning as my 2 vehicle accidents negatively affected my way of life and work. Having them close by with just a phone call away gave me a peace of mind that I am well taken care of. Don’t be attracted to flashy advertising on TV/internet or newsprints or being amongst the top searched personal injury lawyer on google, because that was how I found my first lawyer. It was a bad decision. I was lucky enough to have met Scott through an acquaintance who was also his past client. Working with Scott and his team has been the wisest and smartest decision as Scott was able to get me an excellent outcome without going to trial. My family and I are thankful and appreciative of everything Scott and his team has done for us and would 100% refer everyone to him when they need someone who will stand by them after suffering any injuries. I stronger encourage you to first do your research (to fill the questions and curiosity you have about personal injuries)and then consider Scott Stanley, at Murphy Battista, as your personal injury lawyer. There are lots of information on what to do on their website when you’re injured so check it out. Thank you so much for everything Scott & Team!
Leyna and her team did a great job helping me with my car accident claim! Highly recommend.
I have only great things to say about my experience with Murphy and Battista LLP. My mom had Joe Murphy as her personal injury lawyer following an MVA more than 30 years earlier, when I was in a car accident and needed a lawyer in Vancouver, my mom called Mr. Murphy and he referred us to Kevin Gourlay, and I am so happy he did. Over the 5 years as my car accident lawyer – Kevin, Virginia, and team supported me and helped me through almost every aspect of my case and recovery. Their professionalism, kindness, and compassion helped me through the difficulties that come with recovering from an MVA and dealing with an ICBC case. I don’t know how I would have gotten through it without them, and was lucky to have had them on my case.
On November 15, 2014 I had a MVA. It was a single car accident on black ice. I sustained serious injuries. At the time, even though I was not at fault, I could not find a lawyer to accept my case since according to ICBC, it falls under Part 7 only and there was no settlement to fight for.
Years went by and I suffered dealing with more than a dozen of adjusters and the frustrations of not being able to receive the treatments I needed to recover. I was very patient, and I paid huge medical expenses out of my pocket, however, I lost my patience when the last adjuster threatened to close my file before the usual legal time. I became extremely stressed with this oppressive situation and I decided to see legal advice.
While I was surfing the net looking for the Canadian Bar Association, I noticed the link to Murphy Battista LLP, and I remembered that a friend of mine mentioned positive comments about dealing with one of their lawyers, Irina Kordic. I decided to contact her.
When I sent my first email, I was impressed with the professional efficiency of her assistant dealing with my request, even on the weekend. Without delay, Mrs. Kordic responded to me and in spite of the fact that she knew that my case was not entitled for a settlement, she graciously offered me a phone consult. After I explained to Mrs. Kordic my situation, she did not just stop at offering her professional comprehensive advice, but she also offered to take on my case and represent me in front of ICBC….at NO COST!!! I was in a state of disbelief…….not only that she gave me the consult I was hoping for, but she also exceeded my expectations by offering to take on my case for free. During the past four years, I did not find this exceptional professional and compassionate behaviour among any firm or with any lawyer.
The good news did not stop here……….Mrs. Kordic invited me to her office and she generously offered to meet with me in person and also to take from me two big files to review. I felt I was treated as a valued human being, something that I did not experience in relation to the ICBC case for the past four years. For the first time, I found a professional who offered me instantly respect, compassion, trust, and understanding.
Mrs. Kordic’s attitude and treatment gave me also hope, not as to win my case, but hope that there is a law firm that is interested not just in the business but in people as human beings.
As a mature professional who suffered many losses as a result of the MVA, it was important to me to find a lawyer who would listen to my story and coach me with sincerity and trust; in fact, this to me was even more important than whether I will be able to get my rights from ICBC or not.
I highly recommend approaching Mrs. Irina Kordic at Murphy Battista, if you ever have to deal with ICBC, right from day one. She is motivated, knowledgeable, experienced, compassionate, a good listener, with a generous willingness to walk with the client the extra mile. She is proud of her commitment to her profession and that is why she practices and cherishes her human and professional ethics.
Look no further! Had an amazing experience working with Murphy Battista LLP. Irina Kordic was the representative for my three year ICBC case. She was professional, courteous and very knowledgeable. With her guidance and expertise, she managed to get me a massive settlement far exceeding my expectations. Beyond thankful for her services. I can confidently say, this is the best legal firm in town. Highly recommended!
Couldn’t be happier with my case with Murphy Battista. Paul took on my MVA case. It was fairly settled. He was always professional, timely and open in his communication. You’re in good hands if you work with him. The team here made the difference so that I could get the treatment I needed, be stress free and fully recover after my accident.
I highly recommend Paul and the team at Murphy Battista.
Excellent work by Leyna and team to resolve the settlement for my car accident. I would thoroughly recommend them for personal injury issues.