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We have recovered multi-millions of dollars for our clients and have a success rate that we are extremely proud of. The goal is simple: to help our clients recover the maximum compensation they deserve. It’s not about lawyers or insurance companies, it’s about YOU getting the benefits you deserve so you can face the future with confidence.
The plaintiff, in this case, was an active young woman in her early twenties who was injured in a series of three accidents. She was working as a chef in the remote catering industry at fishing lodges and work camps when the first accident occurred.
As a result of the first accident, she suffered from significant physical injuries, which limited her abilities to engage in domestic chores and recreational activities, and kept her from returning to work. The plaintiff attempted to return to work in the remote catering industry but found the work very difficult and ultimately could not continue.
As a result of her limitations, she enrolled in university to attempt to retrain. In the years that followed the plaintiff was involved in two other significant accidents which caused additional physical symptoms including debilitating headaches. When the matter proceeded to trial 6 years after the first accident, the plaintiff continued to struggle with her injuries and has not yet completed a four-year degree program due to her struggles.
At trial, the defense argued that the plaintiff was capable of working in the future, though not in the remote catering industry. It was argued that her future earnings should be compared with the average earnings of a cook or chef in a restaurant, which were far below the average earnings of those in the remote catering industry.
The defense argued that the plaintiff should only receive compensation for future wage loss reflective of two years of her pre-accident earnings, or about $100,000. We presented evidence demonstrating the high wages in the remote catering industry, and how difficult this work is physically. We also presented evidence regarding the plaintiff’s struggle with school studies and her periodic attempts at working full time, in her new field of Human Resources.
At trial, we were successful in arguing that the plaintiff’s past and future loss of wages be assessed much higher than that argued by the defense. Ultimately the award for past and future wage loss was $1,180,000.
The plaintiff, in this case, was an active mother and worked as a teacher on call prior to the accident. She was involved in a rear-end accident and complained of a number of injuries. She had a pre-existing injury that she was worried about aggravating. She attended with her family doctor and various treatment providers for a number of injuries. In the months after the accident, as she recovered from the majority of her complaints and attempted to resume her regular activities, she began experiencing increased and intense pain in her hip. The hip pain impacted her ability to work full time, participate in recreational activities and participate fully in her domestic chores. When the matter proceeded to trial, causation of the hip complaints was the primary issue. The defense argued that the ongoing hip complaints were not caused by the accident. We were successful in arguing that the accident was the cause of the ongoing hip issues and that this was impacting her ability to earn an income into the future.
Miller v Resurreccion, 2019 BCSC 1719 – 2019/10/09
The Plaintiff was a valued employee at a community services organization when she was injured in a car accident. The Defendant took the position that her previous struggles with depression and non-accident-related traumatic events were the true cause of her symptoms. We successfully proved that the plaintiff’s losses were directly attributable to the accident. Based on the evidence, we established that the accident resulted in injuries that permanently impacted the plaintiff, making her unlikely to return to her pre-accident state. Ultimately, the court’s award vastly surpassed the amounts advanced by the defence, and included both loss of earning capacity and the cost of future care.
Bains v Gret’s Projects Inc., 2017 BCSC 1530 – 2017/08/29
The Plaintiff was injured in a head-on motor vehicle collision when she was 27 years old. Prior to the accident, while attaining her Bachelors’ degree at SFU, she had developed an interest in law enforcement. We successfully argued that the Plaintiff would have attained a job with the Canada Border Services if not for her injuries. Future loss of earning capacity made up a substantial portion of the total award, which also included future care costs for fitness equipment and vocational counseling.
The Plaintiff was an active 55-year-old man. He was seriously injured after striking a turning semi-truck while driving his motorcycle. We successfully argued that the truck driver was responsible for causing the accident and was liable for the Plaintiff’s injuries. Prior to the accident, the Plaintiff had operated a successful logging business with his son, but his injuries prevented him from continuing to build the business. He was also found to be incapable of continuing work as a tree faller, and we were able to obtain a substantial past and future wage loss claim. We successfully argued that had he not been injured, he would have worked past the typical age of retirement, which was reflected in the amount awarded for loss of future earning capacity. The Defendant’s appeal of the trial decision was subsequently dismissed.
Ratelle v Barton, 2017 BCSC 1262 – 2017/07/20
The Plaintiff was operating his motorcycle with a fellow rider on Highway 99, north of Whistler, British Columbia when he collided with the defendant’s car. The Defendant had slowed down and moved to the right-hand shoulder of the road, which the Plaintiff took as an invitation to pass. As the Plaintiff accelerated, the Defendant unexpectedly commenced a left turn, and the Plaintiff’s motorcycle struck the Defendant behind the driver side door. At trial, the judge accepted the evidence of the Plaintiff in its entirety, and thus found the Defendant to be 100% liable.
Payne v. Miles, 2013 BCSC 1545 – 2013/08/26
Award $1.630 Million.
The Plaintiff, a young female, was brain injured at the age of 17 as a result of a motor vehicle accident. As is typical in brain injury cases, it takes time to determine the full extent and particular nature of any resulting disabilities. Further, people can continue to look and speak normally while still suffering various types of cognitive impairment. In this case, it took over 6 years before the full nature of the Plaintiff’s injuries were known and the long-term compensation needs could be properly assessed, at which time the matter went to trial. In this case, we were able to establish the estimated loss of income and the amount of support required to live a fulfilling life. The Award included childcare costs, career counseling, and loss of past and future income.
Peers v. Bodkin Leasing Corporation, 2012 BCSC 271 – 2012/02/23
The Plaintiff, a 56-year-old man, was injured in a motor vehicle accident. Prior to the accident, he worked as a boom operator in the logging industry. Initial assessments indicated that his injuries were minor. After we encouraged a referral to a medical-legal expert and a private MRI, it was revealed that there was previously undiagnosed and permanent career-ending injuries to his spinal cord. This claim primarily consisted of loss of income and loss of pension, as the accident rendered the plaintiff essentially unemployable.
Milliken v. Rowe, 2011 BCSC 1458 – 2011/10/31
Injured in a motor vehicle accident, the Plaintiff worked full-time as the manager of a pizzeria while caring for her wheelchair-bound husband and teenage daughter. Her employer made numerous accommodations to keep her employed despite a serious shoulder injury. Even though she continued to work full-time, we successfully claimed for the loss of capacity to earn income. We also pursued a claim for the reduction in her ability to care for her home and husband.
Kasidoulis v. Russo, 2010 BCSC 978 – 2010/07/13
Award $1.050 million.
The Plaintiff, a recent education graduate, had gained an excellent reputation as a kindergarten teacher in her school and in the district, prior to a motor vehicle accident. Her dream was to work full-time in her own classroom. The Defendant took the position that a mother of three was not likely to work full-time. We proved that the Plaintiff’s career goals were fully compatible with her responsibilities as a parent, and well within her reach based on her training and teaching ability. Further, we proved that the Plaintiff lost the opportunity to fulfill her dream as a result of the accident, and we were able to help her recover the full amount of her financial loss.
Morrison v. Gauthier, 2009 BCSC 1271 – 2009/09/17
The Plaintiff and her partner purchased a family golf membership just before a motor vehicle accident. As a result of a disc injury suffered in the accident, the Plaintiff was not able to golf any longer. The Defendant refused to reimburse her for the loss of the membership fees. The Plaintiff was awarded $90,000 by the Courts, including the loss of the family golf membership.
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