Brain Injuries: Comprehensive Client Service Focused on Your Recovery

If you or a family member has suffered a serious injury to the head – from concussion to severe traumatic brain injury – contact Murphy Battista LLP for legal and practical advice designed to assist you in your overall recovery, not just your legal claims for compensation.

In motor vehicle accident cases, we work as your liaison with ICBC. We make sure that you receive the compensation you need to support your physical recovery, to obtain the best possible medical treatment, and to make up for the income loss and other expenses related to your accident. Beyond the legal and financial aspects of your ICBC injury claims, our lawyers also work closely with families and caregivers to make sure that you receive proper medical support during your recovery.

Brain injury cases frequently present serious issues of fact as to the nature, impact and duration of the trauma suffered. Especially in the less severe range of traumatic brain injury, many serious symptoms can be missed during emergency treatment or understated in ICBC claim files. Certain symptoms might not emerge as problems until weeks or months after the accident and might only be identified by family members, close friends or co-workers. These symptoms include:

  • Short-term memory loss
  • Problems with attention and concentration
  • Diminished ability to do several things at the same time
  • Diminished ability to plan and organize
  • Changes in personality, mood or temper
  • Behaviour or remarks that are uncharacteristically out of place in a social or workplace situation
  • Changes in energy level, sleep patterns, appetite or other daily routines
  • Heightened sensitivity to light, noise or alcohol

Murphy Battista’s understanding of the full range of brain injury symptoms is a significant advantage for the outcome of your brain injury claim. For many clients, the service we provide in breaking through barriers to accurate diagnosis and effective treatment is especially valuable.

One of our founding partners, Joe Battista, Q.C., is a frequent presenter on brain injury and mental health topics to professional audiences and support groups both nationally and internationally. He presented a lecture at the World Congress on Brain Injury in Italy in 2001. He currently appears before brain injury support groups throughout BC while advocating for the interests of brain injury survivors.

BC Lawyers for Head Injury and Traumatic Brain Injury Victims

Our clients include children and adults who have suffered head or brain injuries as the result of a motor vehicle accident — whether they were passengers, drivers or pedestrians. Our goal is to mobilize the full range of medical, therapeutic and rehabilitative resources necessary to support the greatest degree of recovery possible for you and your family.

In addition to motor vehicle accidents, Murphy Battista also acts for clients whose injuries were suffered through a fall on dangerous property, medical negligence, or an accident at school or work. We have 36 years of experience with the resolution of serious claims involving head and brain injuries. Contact our office for a free consultation with lawyers experienced in dealing with brain injuries.


A Former Quarterback’s Concussion Experience

October 27, 2014

Kevin Kolb is an NFL quarterback best known for his time with the Philadelphia Eagles and Arizona Cardinals.  He is now 30 years old and is not on an NFL roster this year having been released by the Buffalo Bills in March. In a Sports Illustrated story last week, Kolb writes…

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INJURYwise: Concussions and Chronic Traumatic Encephalopathy (CTE)

December 21, 2015

INJURYwise is a monthly column that I write on personal injury matters. This month I wrote about a very important topic in my profession. Concussions. A new movie coming out this December called Concussion is about the the discoveries of Dr. Omalu, a pathologist who, after performing an autopsy on NFL…

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Head injury? Always consult a lawyer

July 3, 2014

It is generally in your best interest to get legal advice when you’ve been injured in a car accident. In two recent episodes of AM 650’s The Law Show we discussed situations and types of injuries where it’s particularly important to consult a lawyer before making decisions about how to…

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Mild Traumatic Brain Injury and Personality Changes

April 7, 2015

World News Videos | US News Videos Recently our firm was involved in a case that has received a fair amount of publicity, most notably from The Province and ABC News. Our client had suffered a mild traumatic brain injury as a result of a car accident that occurred while…

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Murphy Battista LLP is Proud to be a Principal Sponsor in the Okanagan Conference on Brain Injury

June 12, 2013

Murphy Battista LLP is proud to be one of the Principal Sponsors of the “Pushor Mitchell Okanagan Conference on Brain Injury.” The conference is a leading educational venue for professionals, family caregivers and people living with acquired brain injury. For over two decades the conference has successfully provided an interactive…

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Trial Results

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.

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.

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.

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.

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.

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.

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