16 Feb Serious Motor Vehicle Accidents

Our most extensive expertise lies in dealing with claims involving serious motor vehicle accidents, those resulting in serious physical injuries, trauma to the brain, psychological or psychiatric damage, long-term or permanent disabled status, or any combination of the foregoing.

We have experience negotiating and litigating practically every conceivable issue expected to arise in such cases, from questions of liability or fault to the proper amount or form of compensation for injuries. We have established longstanding relationships with the medical professionals and other experts you need to prove your claim, and so can put you in the best possible position to succeed in a negotiation or at trial. Our track record bears this out:

In Adamson v. Charity, 2007 BCSC 671, the BC Supreme Court noted that the defendant “hotly contested” our client’s claim for damages arising out of a motor vehicle accident. At trial, counsel for the defendant argued that the plaintiff, our client, had caused the accident, and in any event suffered only minor injury. The court rejected both arguments, finding that the defendant’s speed and failure to stop at a stop sign were the sole causes of the accident. While it initially appeared that our client’s injuries were “relatively minor,” the medical evidence collected and presented by our firm clearly established that he suffered a mild traumatic brain injury, significantly diminishing his enjoyment of life and ability to earn income. Mr. Justice Bauman, who later became the Chief Justice of the BC Supreme Court, and who now sits as the Chief Justice of the BC Court of Appeal, awarded our client a little over $1.75m, which amounts to over $2m in today’s dollars.

In Hill v. Murray, 2014 BCSC 1528, our client claimed damages for injuries from a serious car accident. The defence argued that our client was at fault in the accident, that she did not suffer from the injuries she claimed, that the accident did not cause those injuries in any event, and that she should receive only minimal compensation. However, our firm presented evidence establishing that the defendant driver caused the accident when his steel-toed boot became caught under his vehicle’s brake pedal. While trying to get his boot unstuck, he veered into oncoming traffic, striking our client’s vehicle and sending it crashing over an embankment. The court accepted that the evidence proved this version of events, and also preferred the medical evidence collected and presented by our firm over the defence medical evidence. In the end, Mr. Justice Macaulay agreed that our client suffered from serious, permanent injuries as a result of the accident, and awarded her $1,061,224.

In addition to trial judgments, each year our firm negotiates settlements worth millions of dollars with automobile insurers in BC. We succeed in our negotiations by preparing just as hard for the negotiating table as we do for the courtroom. Often times, an injured person’s only leverage against an insurance company or other defendant is the threat of trial, a threat which carries no weight if your claim appears unready for trial. A defendant that believes it will win at trial is a defendant that won’t offer full value in a settlement, no matter how strong your claim or how serious your injuries might be. Our firm, with our track record of success at trial and our philosophy of full preparation for negotiation, has the resources, expertise, and experience to get you the result you deserve.

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