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.
Judgments
We are proud of our long and successful history of providing a better quality of life for all of our clients. Below are some examples of the cases prosecuted by Webster & Associates:
Mitchell v. We Care et al
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.
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.
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.
Settlements
Most cases settle before trial and some of our greatest successes have been through 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.
While judgment awards are a matter of public record, settlements are private agreements. For the settlements summarized below, names and some details including settlement amounts have been withheld. While results must vary depending on circumstances, we provide these examples to highlight the significant needs of brain injury survivors.
Settlements Coming Soon!
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