Legal and Practical Advice for Accident Survivors With Spinal Cord Injuries
Survivors of the most severe injuries — including spinal cord injuries — will face hard challenges adjusting to life with a permanent disability. At Murphy Battista LLP, our lawyers are committed to helping spinal cord injury victims obtain the financial resources, rehabilitative treatment and practical advice necessary to deal with current and continuing problems. Contact us for a free consultation about the range of our services for victims of paralysis or quadriplegia following a spinal cord injury.
The legal team at Murphy Battista works closely with accident victims and their medical treatment providers to ensure that all injuries are properly diagnosed and treated, that appropriate rehabilitative services are available, and that adaptive technologies for in-home living assistance and mobility are well suited to each client’s needs.
We also work to secure payment for treatment of peripheral injuries and medical conditions experienced during an extended stay in a rehab hospital or at home. These range from bed sores and bladder infections to serious problems with neuropathic pain, autonomic dysreflexia and the emotional problems that many people encounter during the adjustment to paralysis.
We monitor the payment of ICBC benefits to make sure that the treatment and rehabilitation benefits available under Part 7 are not diverted toward reimbursing the Medical Service Plan for primary medical care.
At Murphy Battista, our client service goes beyond focusing on a client’s immediate and apparent physical injuries. We make sure that the effects, such as chronic pain, reduced mobility and psychological impacts, are also acknowledged and that appropriate strategies (e.g., pain management, mobility supports and counseling) are put in place as part of an overall treatment plan. With nearly 30 years of experience in complex injury claims, our lawyers understand the importance of effective and early rehabilitation, and the need for long-term financial planning.
BC Lawyers for Catastrophic Spine Injury Claims
We act for clients who suffered spinal cord injuries in car accidents, falls, accidents at work or medical negligence. For additional information about the range of services we offer victims of spinal cord injuries, contact Murphy Battista.
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.
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.
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.
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.