Achievements

Webster & Associates are leaders in the field of brain injury law. The only Western Canadian firm that focuses on representing survivors of traumatic brain injury, Webster & Associates have achieved many precedent setting, legal firsts, high awards and are known within the court system for their advocacy and knowledgeable experience.

Brian Webster has practiced law for over 30 years and has a long history with brain injury litigation. In fact, his first litigation on behalf of individuals who have sustained traumatic brain injuries commenced prior to the regular use of CT & MRI scans for proving injury. Mr. Webster established Webster & Associates to assist brain injury survivors and Webster & Associates have always been in the forefront of brain injury litigation, pushing the Courts and insurer's to recognize the significance of traumatic brain injury for both the survivors and their families.

Webster & Associates have acted for hundreds of traumatic brain injury survivors around the world, and have developed significant expertise in the prosecution of brain injury cases. Webster and Associates have represented survivors of all ages, including infants who have suffered paediatric brain injuries, youth who must navigate the precarious waters of development with brain injury, adults with families, and those of advanced age. Webster and Associates must often thoroughly investigate and develop cases for those with "mild" traumatic head injuries as well as those with the most severe brain injuries resulting in quadriplegia and severe frontal lobe dysfunction. Webster & Associates have represented injured workers on behalf of the Workers' Compensation Board of BC (WCB) and are well known by the Insurance Corporation of BC (ICBC) as neurolawyers whose cases are to be taken seriously.

Settlements (cases settled out of court)
Judgments (court decisions by a Judge alone)

Settlements

The key to a successful settlement is a thorough investigation and a full preparedness for trial. It is through our trial experience and successes that we are able to obtain significant settlements for our clients. It is Webster & Associates' reputation for trial preparation and willingness to take matters to trial that allows for the largest settlements.

Most cases settle before trial and some of our greatest successes have been through settlements. In british columbia, most personal injury cases are settled before trial. In british columbia at large, over 99% of cases that are commenced are resolved prior to the commencement of trial. More specifically, approximately 95% of personal injury matters are settled before trial. Because Webster & Associates cases usually involve significant sums or significant issues of liability, more of our cases go to trial. Still, in our practice approximately 80 to 90% of our cases are resolved before trial. Below, we have listed some of our recent settlements. These are private settlements, but upon resolution the parties usually agree to keep the settlement confidential. As a result, we have rounded the amounts (down) and tried to be less specific about the details, in order to preserve client confidentiality. It goes without saying that each case is different and these results are not indicative of what may occur in other cases.

Amount	Description of the case
$4,000,000	For pedestrian struck while crossing a road in the European Union. Our firm has represented many individuals where the injury occurred in B.C. or the client resides in B.C.

$4,000,000+	For a severe TBI, including skull fractures, hemiparesis and loss of vision one eye, cognitive deficits, emotional volatility, and the inability to achieve her entrepreneurial and vocational goals despite her desire to provide for her family

$3,000,000+	For a young man who was a passenger in a vehicle that struck a moose. In these cases, the plaintiff must establish that the driver should and could have avoided the animal on the roadway.

$2,900,000+	A young adult suffered a severe brain injury with physical limitations when the vehicle in which he was a backseat passenger in a vehicle that struck a cement barrier. The driver was killed and our client received the limits of the insurance policy

$2,500,000+	For a woman who suffered a fall, with significant orthopaedic injuries and the serious and permanent effects of traumatic brain injury, aggravated by chronic pain. We took conduct of this case late in the matter and were able to almost double the resolution suggested by her first lawyer.

$2,500,000+	Our client was a young man who was the passenger in a 2 vehicle MVA. The TBI injury resulted in limited loss of initiative, impairments and his vocational and recreational pursuits.

$2,500,000	Severe hypoxic brain injury for a man involved in an intersection collision. A difficult man prior to his injury, the cognitive difficulties exacerbated his previous interpersonal challenges, with marked perseveration (repeating the same things, over and over) lowered cognitive functioning, impaired memory and difficulties with attention and concentration, and emotional lability and impulsivity. Both nice and ‘not so nice’ people are injured, but regardless, it is Webster and Associates.

$2,000,000 + (policy limits)	Severe brain injury and orthopedic injuries for an older man who receives constant care to this date.

$2,000,000	Teenaged passenger in a single-vehicle motor vehicle collision. The vehicle struck a tree and our client received the limits of the policy of insurance in respect of her traumatic brain injury

$1,500,000	For a client struck going through an intersection contrary to traffic light. Liability was very hotly contested, though the injuries were severe, we were very proud of our work, the client’s first lawyer had recommended acceptance of the defence offer of $100,000.

$1,250,000 + (policy limits)	Young woman hit by drunk driver, while walking on side of road. She sustained very severe injury. She has recovered well enough to marry. She received the limits of the policy of insurance, which were inadequate.

Policy limits	Severe traumatic brain injury suffered by a rear-seat passenger who was a passenger in a vehicle that left the road and hit a tree

$1,600,000	For a woman struck as a cyclist. She suffered a severe traumatic brain injury impacting upon all aspects of her life, due to fatigue and cognitive difficulties. The injury resulted in a downward career shift and an alteration of her social and avocational life. She went on to marry, work part time and have children after the case was resolved.

$1,500,000	For passenger in a vehicle which struck a moose. As is typical in these cases there is a significant traumatic brain injury and a facial smash injury which occurs when the animal enters the passenger compartment. Liability is often difficult to prove because of the defence of ‘inevitable accident’. The brain injury resulted in significant cognitive impairments, memory deficits, and behavioural and emotional difficulties complicated by a facial smash injury causing opthamological or eye damage and chronic pain

$1,100,000+	back seat passenger, single vehicle going around a curve

$1,000,000 +	For a young boy injured by an errant ball from a sports game. The injury interfered with his schooling and though technically a mild traumatic brain injury, the injury has life long impacts

$1,000,000+	For a young mother who was the front seat passenger in vehicle which hit a parked car. The effects of the injury were devastating, she suffered a severe brain injury with profound impairments of cognitive function and communication, spastic quadriplegia. She received the limits of the policy of insurance, which was inadequate.

$1,000,000+	passenger suffered a TBI when a vehicle left the roadway

$1,000,000	Pedestrian out for a walk, struck by a car, resulting in TBI and orthopedic injuries

$1,000,000	For a child who fell off a balcony at a very young age. The boy did complete high school, but was not expected to achieve as he would have otherwise. He received the limits of the insurance policy.

$1,000,000	Our client’s disability insurer refused to honour his insurance plan after he became quadriplegic in a fall. An out of court settlement resulted in the full payment of his $1 million policy, after his insurer tried to argue he was too late in reporting his claim.

$800,000+	Older pedestrian struck when two cars collided at a suburban intersection and the collision caused one vehicle to go off the road. Our client had a significant TBI. Though he had been working, he had not declared most of his income.

$750,000	Our client sustained a mild brain injury when she was in a vehicle which struck a street pole. She was delayed in finishing high school.

$750,000 + (policy limits)	For a talented young man suffering a severe brain injury as the passenger of a vehicle. The damage to his brain resulted in both physical and cognitive deficits that will remain. He received the limits of insurance policy, which were unfortunately low and inadequate

$700,000	Teenager struck by a vehicle while off-roading on a 4 wheel ATV. Severe TBI with behavioural and focus difficulties. Post-settlement, the client continued to struggle but attended college on a part time basis.

$650,0000+	TBI for a person hit by an unidentified driver – hit & run, our client had both a brain injury and bodily injuries.

$500,000	For a young man who had a spinal fracture without spinal cord injury. ICBC accused him of faking the injury and consequences.

$500,000	Head on Highway collision, severe TBI requiring life long care. Liability hotly contested as our client could not testify and the collision occurred in the oncoming opposite lane.

$500,000+	An elderly pedestrian struck by a bus, allegedly running across in mid-block. Through investigation, found witnesses who contradicted the driver’s evidence, which was not the only story.

$450,000	Talented young woman hit head on. The forces killed the other vehicle’s occupant. Chronic pain, depression and TBI. After many years of therapy post-incident, the client was able to return to work.

$400,000+	4 teenagers in a car, mild traumatic brain injury, went on to complete university

$400,000 +	Pedestrian, struck on a dark highway in the middle of the night, initially alleged to have been trying to kill himself, suffering a severe traumatic brain injury with significant physical limitations.

$350,000	TBI acquired in a rear-ender collision. The force of head movements caused diffuse axonal injury.

$350,000	Young high achiever, suffered a TBI as passenger in a two vehicle MVA, who despite severe injury, went on to complete university.

$310,000+	pedestrian struck by a car while in crosswalk, suffered t.b.i. and fractures.

$300,000+	For a claim against the clients’ former lawyer who failed to properly resolve his client’s case, and physical injuries from two subsequent collisions.

$300,000	Traumatic brain injury from a car crash in British Columbia.

$300,000	Teenager, fell from a balcony, sustained TBI, tinnitus and balance problems.

Judgments

We are proud of our long and successful history of providing a better quality of life for all of our clients.

MacEachern v. Rennie

We represented a young woman who was struck by a semi-trailer on King George Highway, and has required very significant assistance since then. This case highlights the losses that arise following a severe TBI. This young woman will never be able to care for her son, who was just 10 at the time she was hit. After the collision she did not recognize her own son for close to a year. Because the insurer refused to provide funding for her needs, she remained in a locked hospital ward throughout the process.

The case itself was fiercely contested. Because of some of her history, every aspect of the case was very hard fought and the trial took over 100 days, one of the longest in BC history for one personal injury plaintiff. The judgment, which awarded her more than 5 Million dollars for basic care, and found the CN driver responsible provides funds for Christina MacEachern’s care. While this judgment and the many interlocutory judgments (during trial decisions about issues and procedure) are certainly precedent setting in a number of areas, which Webster & Associates should be proud of, the context is one of tragedy.

In the news
The tragedy of personal injury litigation

Kahlon v. Vancouver Coastal Health Authority and others

Mr. Kahlon sustained serious injuries, including a brain injury and TB meningitis. Although tests and images were taken well in advance, as a result of early symptoms, doctors failed to take note of the results and diagnose the condition in time for proper treatment to take place, adn the patient did not pro-actively follow up. The Supreme Court of B.C. awarded 70% of the liability to the medical defendants, amounting to a damages award of approximately $5 million.

Click here to read the article.

Click here to read the judgment.

Juman v. Doucette

Our firm had the privilege of representing this young girl, and allegedly shaken as a baby while in the care and control of her day care provider Suzette McKenzie, an employee of Wee Watch Day Care. The case proceeded to the Supreme Court of Canada on te issue of whether the police could obtain copies of the discovery evidence of the defendant for use in furthering a criminal prosecution. The case against Suzette McKenzie and Wee Watch Day Care resolved with a settlement after 7 days of evidence before the Court. The terms of the settlement are not to be disclosed pursuant to an agreement.

Click here to read the Supreme Court of Canada judgment.

Click here to read the B.C. Court of Appeal judgment.

Click here to read the B.C. Supreme Court judgment.

Hallatt v. Levien and Levien

Mr. Hallatt was seriously injured on a highway near Armstrong British Columbia. Interestingly the defence alleged, based on the investigation of the police and witness statements that the collision occurred when the plaintiff swerved in front of Ms. Levien's vehicle at the last moment. After hearing all of the evidence, including engineering evidence regarding physical findings Mr. Justice Leask disagreed, and found Ms. Levien solely at fault for the collision. The case was then resolved by payment of a significant sum by the defendants' insurer ICBC (the terms of the quantum settlement are not to be disclosed pursuant to an agreement).

Click here to read the judgment.

Mitchell v. We Care and others

In an ironic tragedy Ms. Mitchell was rendered quadriplegic in a single vehicle roll over collision while returning from a family wedding. The collision took the life of her father, already quadriplegic and a passenger in the vehicle. An inexperienced employee of the care giving company employed to care for Ms. Mitchell's father was driving the vehicle. The vehicle left the road and rolled due to high speed. Ms. Mitchell was flown to hospital with a fractured spine and suspected brain injury.

Ms. Mitchell had a long and difficult course in Vancouver General Hospital and the GF Strong Rehab Centre. She was able to leave the hospital only when Webster & Associates arranged for a house to be purchased and a care regime set up for her. Independent financing was arranged until Mrs. Mitchell won her case. Although the defence argued vigorously that Ms. Mitchell needed little care, she was provided a significant award, which after allowable additions will total over 4 Million dollars plus costs and increases.

Read Victoria Times Colonists Article about the Judgment
Read Supreme Court Judgment

Traynor v. Degroot

Ms. Traynor was a third year university student studying geophysics at the University of British Columbia when she was struck by a taxicab while crossing the street on her way home from a rugby practice. Ms. Traynor suffered a traumatic brain injury as a result of striking the windshield. Given her high level of fitness and pre-accident cognitive abilities, Ms. Traynor was still able to graduate from University. The traumatic brain injury resulted in subtle cognitive deficits which, originally denied by even Ms. Traynor, meant that she had difficulty with the highest levels of cerebral functioning and cognitive fatigue. Despite a rigorous defence Ms. Traynor was awarded $645,000 in loss of earning capacity, as part of a total award over $750,000.

Read Supreme Court Judgment

Weins v. Serene Lea Farms

Mr. Weins received a severe brain injury at a community barn building when the person holding his ladder walked away from his position supporting the base. Two insurance companies defended the action for the occupier and the individual who abandoned the ladder. The action succeeded in both the BC Supreme Court and the B.C. Court of Appeal. The damage award for Mr. Weins' injuries was over $850,000 for his loss of earning capacity and care needs.

Read Supreme Court Judgment
Read Court of Appeal Judgment

Morrison v. Cormier Vegetation

This decision represents the highest financial payout by ICBC for a traumatic brain injury survivor. In this case Ms. Morrison, an innocent passenger in an unrelated vehicle which was struck as a pedestrian by a one of a pair of racing sports cars. The case was highly contested on the basis that one of the drivers had no concent to drive the vehicle. Ms. Morrison suffered a severe brain injury; Although Ms. Morrison appears functional, the court found her cognitive functioning is impaired and she is highly disinhibited and prone to very poor decision making. As is typical of TBI survivors with frontal lobe injuries, Ms. Morrison often rejected help. In order to accommodate her severe injury, Webster & Associates arranged for Ms. Morrison to reside in a home purchased for her with "friends & roommates" (paid caregivers) who provide care and facilitate her needs. Webster and Associates arranged financing for her care until the case was won.

Ms. Morrison's injuries have disabled her from employment permanently. She was awarded non-pecuniary damages and damages for past wage loss, future loss of earning capacity, past and future care needs, management fees to assist in managing the fund and tax gross up to offset taxes. Additional costs to consider the contingency of the unexpected were awarded in this case. This rare gross up is one that Mr. Webster has achieved on a few occasions, being one of only a few counsel to do so. Ultimately the matter settled on appeal for an amount greater than the trial award.

While there were a number of hearings in this matter, the primary decisions can be found at:

Read Supreme Court Decision on Liability
Read Court of Appeal Decision on Liability
Read Supreme Court Judgment on Damages

Fischuk v. Wickert Estate

Webster & Associates represented the plaintiff Mr. Fischuk who received a brain injury as a passenger in a motor vehicle collision at the age of 23. At the time of the collision Mr. Fischuk had graduated from high school and was working intermittently in the construction business. An early CT scan showed that Mr. Fischuk received a subarachnoid haemorrhage; however, an MRI scan in 1998 showed no abnormality.

Mr. Fischuk's rehabilitation was spent partially in hospital and partially in a private rehabilitation facility. Even with the MRI finding Webster & Associates persuaded Mr. Justice Hunter that the plaintiff's significant brain injury prevented him from engaging in meaningful employment and that significant funds were required for his care. He received 1.7 million dollars at trial, which included awards for non-pecuniary damages, past & future wage loss, past & future care, management fees, in-trust award and committee fees. This crash involved several claimants but none were as successful as Mr. Fischuk.

Read Supreme Court Judgment

Phillips v. Stratton and Fort Nelson Hotel

Our firm represented a pedestrian run down by an impaired driver in Fort Nelson, B.C. The injuries were a severe traumatic brain injury and complicated fractured femur, which prevented a return to any employment and necessitated significant care. While the plaintiff had been drinking in a local bar, he was walking home when struck by the defendant who had also been drinking at the same establishment.

This judgment found that ICBC could NOT obtain the details of a the settlement between the plaintiff and the Fort Nelson Hotel.

Click here to read the judgment.

Robulack v. Heidecker

For a brain injury suffered in fall from the hood of a moving car.

Click here to read the judgment.

Hill v. Oliver

Brian Webster bridged significant logistical hurdles to arrange the best traumatic brain injury rehabilitation and care for Ms. Hill, a resident in the village of Albourne, Wilthsire, England. Ms. Hill suffered a traumatic brain injury while visiting British Columbia. Webster & Associates was able to convince the court of the necessity of providing significant care for the remainder of her life in her own home, a 500-year-old thatched cottage. He was also successful in arguing that the defendant should pay for her to have renovations for the live in staff. The defendants were found liable to provide for a live-in caregiver, to provide for medications, a host of services to provide for care, and loss of income for her work as a publican. Ms. Hill's award was provided in Pounds to ensure adequate compensation. Despite the geographical differences this case serves as an example of how an effective brain injury lawyer can win cases for survivors anywhere in the world.

Read Supreme Court Judgment

We always strive to provide the best possible content and resources.
Your feedback is appreciated.

Back to the top

Achievements

Settlements

Judgments

Brain Injury Resources

Brain Injuries

Resources

Articles

TBI Events

Upcoming Events

Past Speaking Events

Webster & Associates