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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.