Protecting Your Rights After a Car Accident
The personal injury lawyers at Murphy Battista LLP provide comprehensive client service across the full range of needs arising in the aftermath of a motor vehicle accident. We help clients all over British Columbia and we have fully staffed offices in Vancouver, Surrey, Kelowna, and Vernon. Contact the office nearest you for a free consultation and learn how you can benefit from our experience negotiating settlements and litigating serious personal injury claims. Our focus on client service and our careful attention to detail in the proof of accident claims are two ways that we help clients get their lives back.
ICBC Injury Claims Lawyers Serving British Columbia Residents and Visitors
Murphy Battista has decades of experience with the presentation and proof of losses before the Insurance Corporation of British Columbia (ICBC). We recommend that you obtain legal advice as soon as possible after an accident, and before you discuss your potential claims with an ICBC adjuster. Be aware that ICBC’s interest is to resolve your claim at the least possible expense. ICBC adjusters are employees of ICBC. As such, they have a duty to act in the best interest of the corporation even though they are referred to as “your” adjuster. Because of this apparent conflict of interest, you should not expect any insurer (or its employees) to go out of its way to identify compensable losses for you, or to investigate potential rights of recovery that might be hard to prove.
At Murphy Battista, our job is to even the playing field between accident survivors and ICBC. We know what components of loss are likely to be resisted and how detailed evidence and expert testimony can establish your right to payment on contested claims. Our lawyers also work closely with accident victims, their families and their medical treatment teams to ensure that we understand the practical effects of the accident medically, financially, personally and emotionally. All of this evidence is important in both settlement negotiations and in situations where a claim must be taken to trial to achieve fair injury compensation.
Your personal injury team at Murphy Battista acts for clients in a wide range of motor vehicle accident situations including:
- Motor vehicle accidents in Greater Vancouver, on provincial highways or on the Trans-Canada Highway
- Truck and commercial vehicle accidents, including injuries suffered by truck drivers and commercial motorists
- Motorcycle accidents
- Motor vehicle accidents involving pedestrians, bicyclists, joggers or others
- Passenger injury claims
- Drunk driving accidents
- Fatal car accidents
We Help You Get Your Life Back After Motor Vehicle Accident
While attending to the problems of proof that frequently arise after a motor vehicle injury, our lawyers are fully committed to helping people deal with the problems and uncertainties associated with time lost from work, slow convalescence or the psychological consequences of a traumatic accident.
When you are trying to sort out how to cope with your injuries Accident Benefits (also known as Part 7 Benefits) are one area that can be confusing. We have prepared a Layman’s Guide to Part 7 Benefits that you can download and read to help you gain a general understanding your entitlements. However, every case is different and nothing beats advice from a personal injury lawyer who knows the specific facts of your case. We invite you to take advantage of a free consultation to find out what your rights are and how we can help ensure you have the resources you need to get your life back.
To learn more about the client service values that motivate our lawyers, contact Murphy Battista for a free consultation.
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.
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.
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.
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.
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.
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.
This case involved mild and moderate brain injuries sustained by 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.