Claims for Soft Tissue and Joint Injuries
Our lawyers can advise you about your legal and practical options for ensuring sufficient compensation in cases involving trauma to the neck or back, shoulders or knees, and other injuries like whiplash, cartilage damage or muscle tears. Contact Murphy Battista for a free consultation about the best ways to protect your interests while you recover from your injuries.
It does not take a high-impact car accident or bicycle crash to cause serious damage to a major joint. Though many people might regard these soft tissue injuries as relatively minor, the pain they can generate is very real, and it can take a long time to make a complete recovery. In fact, many accident victims would fare better with a fracture, because it typically heals completely. Damage to a disc, ligament or cartilage might require surgery in the future or lead to problems with degenerative conditions.
British Columbia Neck and Back Injury Lawyers for ICBC Claims
Our goal in ICBC claims litigation is to help you document the full range of your injuries through careful review of your medical records in collaboration with your treatment team. Some injuries are difficult to diagnose, and our lawyers know when to advocate on your behalf for further tests, advanced diagnostics and second medical opinions if the initial treatment strategies are ineffective.
Murphy Battista acts for people throughout British Columbia and Western Canada who encounter problems obtaining effective medical treatment or financial compensation related to injuries to the neck, back or major joints including:
- Facet joint injuries between the vertebrae
- Disc herniation or compression in the neck or back
- Shoulder, elbow or wrist injuries associated with falls or motor vehicle accidents
- Injuries to the knees, hips or ankles
Our lawyers are committed to helping you get the medical diagnosis and treatment you need for an accurate identification of all your injuries. To learn more about the ways we work to advance each client’s interest in a full physical and financial recovery, contact us 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.
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.
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.