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
- Pedestrian Injuries
- 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.
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.
John Cameron acted for FM who sustained injuries to his neck, shoulders and back as well as migraine headaches after a motor vehicle accident. He had been forced to miss work for several months and when he came back to work he was no longer suitable for his previous demanding physical position. He needed powerful pain killers and at times Botox injections for headaches and epidural injections to manage his pain. Eventually he needed to change jobs.
One of the main issues at trial was quantifying the losses to FM in relation to how his injuries might affect his future in the workforce as he had many years left to work. The judge accepted Mr. Cameron’s arguments in support of fair compensation for the fact that FM would be precluded from the type of physical work he used to perform due to his injuries. The Court ultimately awarded FM over $300,000 in compensation, including damages for loss of earning capacity. The Court award was much more than the compensation which ICBC had offered before trial.
John Cameron and Kevin Hyde represented AT who suffered multiple injuries in a car accident, including a persistent lower back pain and SI joint dysfunction. Many aspects of her life were affected as a result of her injuries, including her ability to work full-time. The court accepted the arguments of Mr. Cameron and Mr. Hyde that AT deserved compensation for her injuries as well as for the impact of her injuries on her employment. She was also awarded compensation to allow for future therapy. In total, Mr. Cameron and Mr. Hyde obtained an award of just over $280,000 for AT, an amount more than five times higher than the amount ICBC offered before trial.
John Cameron and Paul Bosco represented VN in a jury trial. VN was an exceptional college football player with aspirations to play in the CFL. Sadly he was run over in a parking lot by a vehicle that then fled the scene. His injuries dramatically impacted his football playing and he never returned to the high level of skill he had enjoyed prior to the accident. The jury awarded VN over $190,000 an amount much higher than offered by the Defendant prior to trial.
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.
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.
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.
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 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.
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.
Stephen Gibson and Irina Kordic represented the Plaintiff who was in injured pedestrian. In this case, the Defendant drove down a quiet, residential street, intending to pick up the Plaintiff who was standing in the middle of the road. As the Defendant drove towards the Plaintiff, he ultimately and unintentionally struck the Plaintiff with his vehicle. Liability was denied and the Defendant claimed that the Plaintiff was the author of his own misfortune for standing in the middle of the road. Liability was found in favour of the Plaintiff 100% because he reasonably expected the Defendant to stop short of where the Plaintiff was standing. The Plaintiff was likely to require a total knee replacement in his later years as a result of advancing arthritis, but he was retraining in a new profession as a sound engineer. The damages were awarded at $1,196,000.
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.
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.