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Professional Athlete Car Accident Injury

Professional Athlete Car Accident Injury 

Our Professional athlete car accident injury lawyers know that a professional athlete’s career success is measured in fractions of a second for speed and reaction time coupled with harsh demands on the athlete to maintain overwhelmingly superior skills. In today’s hyper competitive sports world, the stakes for making it big or having your dream end prematurely are huge. Vast salaries are paid to these professional athletes and if they are injured in a professional athlete car accident injury then their career may be ended, shortened or compromised.

Our skilled professional athlete car accident injury lawyers act for professional athletes or future professional athletes who suffer injuries that ruin or reduce their chances to make it to the big leagues or who have their careers ended or cut short. We act for professionals such as doctors, lawyers, accountants, architects, teachers, nurses and others all of whom require a quick mind and healthy body to follow their dreams. When they can no longer follow their career dreams due to an ICBC car accident injury we are here to level playing field against ICBC.

Our Professional athlete car accident injury lawyers are asked frequently: How does a court value the losses to a potential professional athlete or one struck down in the prime of their career?

Today’s MacLean Law Personal Injury Department blog by Spencer MacLean explores the Court’s reaction to athletes who have been injured in motor vehicle accidents in British Columbia. If you or someone you know is training for a career in professional sports and have had that path impacted by a motor vehicle accident call us today for a free consultation at one of our four locations including Vancouver, Surrey, Kelowna and Fort St. John.

The focused and no nonsense lawyers in our Professional athlete car accident injury department will meet with you for free. Call us toll free at 1-877-602-9900.

Professional Athlete Car Accident Injury

Professional Athlete Car Accident Injury lawyers Lorne MacLean, QC, Spencer MacLean and law student Fraser MacLean

How Are Damages Decided When A Professional Career Is Ended Before it Starts From a Car accident Injury?

The 2009 Judgement from Atkinson v. Niles by the British Columbia Supreme Court awarded the Plaintiff who was considered to be a “gifted athlete” $120,125.000 for an injury sustained in from a car accident in 2003. The Plaintiff had expressed a desire of one day playing baseball professionally.

The Plaintiff sustained a significant knee injury which was agreed would later lead to an increased chance of developing osteoarthritis which eventually requires full knee replacement surgery.

The Plaintiff who was at the time an exceptional baseball player playing for an elite team in the lower mainland. At the time of the accident which occurred at an intersection, the Plaintiff was a catcher on his team. During the trial in 2009 the Plaintiff was playing for the University of New Mexico as a first basemen.

The court found that the proper way to award for a professional athlete car accident injury are as follows:

[14]           The plaintiff suffered lacerations to the face and head, leaving slight but permanent scarring to his forehead that is the source of some embarrassment.

[15]           More significantly, he suffered a permanent injury to his left knee that has caused and will continue to cause intermittent pain, particularly with certain body positions. He will suffer the early onset of osteo-arthritis and require knee replacement surgery, likely in his 40’s. If he lived a sedentary life, as Dr. Hill recommends, the time for that surgery could be extended to the 60’s. However, the plaintiff is a gifted and active athlete. Extending the time for surgery by remaining inactive would constitute a drastic negative impact on his lifestyle. There is evidence that, because of the limited life span of a knee replacement, other surgeries may be required. While the defendant points to ongoing medical research which may provide other alternatives in future, that remains speculative at present.

[16]           A significant impact for this plaintiff has been the impact on his baseball career. The evidence is that he was particularly suited to playing the position of catcher, a position he has not been able to occupy since the accident, nor will he ever. There is evidence, which I accept, is that he would have been most attractive to professional baseball had he been able to play that position. There is also evidence that, playing at first base, he does not have the size that professional baseball seeks for that position. There is also evidence that the knee injury had some impact on his foot speed, which would also diminish his chances of playing professionally.

After further review the Court found that the Plaintiff met the four tests set out in Kwel v. Bolsclair (1991) which state:

  •       The plaintiff has been rendered less capable overall from earning income from all types of employment;
  •       The plaintiff is less marketable or attractive as an employee to potential employers;
  •       The plaintiff has lost the ability to take advantage of all job opportunities which might otherwise have been    open to him, had he not been injured; and
  •      The plaintiff is less valuable to himself as a person capable of earning income in a competitive labour  market.

Our Professional Athlete Car Accident Injury Lawyers Will Help You Achieve Justice

As you can see in this case and in particular the Court’s discussion in paragraph 16 above, it is critical if you are an athlete pursuing a career in professional sports and you have been injured in a motor vehicle accident that you contact a lawyer right away. You deserve to be properly compensated for your injury and its impact on your ability to pursue a professional career moving forward.

We will ensure ICBC doesn’t take liberties with your case and we’ll ensure justice is done for you. Our  focus is to obtain the most generous money damage settlement for you.

Professional athlete car accident injury

Spencer MacLean, Professional athlete car accident injury lawyer

British Columbia is home to talented athletes across various sports including hockey, baseball, golf, basketball, tennis and many more. The principles in the case above can be applied to your particular sport, call us today.

Spencer MacLean

Phone: 604-602-9000

Email: smaclean@macleanlaw.ca

 

 

 

 

 



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