Compensation for Helping your Injured Loved One

When a loved one is injured, you naturally want to help.  Many spouses, parents, and other family members really step up to the plate to assist by providing caretaking, companionship, nursing, childcare, and transportation. Many also contribute financially by, for example, taking time off work or quitting their employment to take care of their injured loved one, refurbishing their homes to make them accessible and provide accommodation, or perhaps even purchasing adequate accommodation to meet the enhanced needs of their injured loved one. 

Giving up a job, expending money on home renovations or buying accessible housing each have a big financial impact. Continue reading

How do Pre–existing Injuries Potentially Affect Your Personal Injury Damage Award?

Many people suffering injuries in a motor vehicle accident are concerned that pre-existing injuries they may have had from previous motor vehicle accidents, for example, might reduce or perhaps negate any potential damage award that might be granted to them. This is a valid concern as many people suffer from pre-existing injuries such as disc degeneration problems and ongoing chronic pain. As the plaintiff in a personal injury action you can anticipate that the lawyers for the defendant will review your medical records looking for pre-existing injuries or medical conditions.

How will my pre-existing injury affect my personal injury case?

The bottom line is that the judge will, in assessing damages, only put you back in your “original position”, which will include an assessment of your pre—existing injuries. Continue reading

Confused About Alberta’s Minor Injury Regulation?

In 2004, the insurance industry successfully lobbied the Alberta provincial government to “cap” damages payable to motor vehicle accident victims for minor injuries. Since that time, some insurance representatives have argued that the top damage award payable under the cap, which in 2017 is $5020, is awarded only to those who have suffered the most serious “minor injuries,” and they then attempt to bargain down from this minimal sum. Some insurance representatives may also take the position that your injuries clearly fall within the “cap,” and that damages that would be available if you filed a lawsuit are not payable.

As experienced plaintiff personal injury lawyers, CAM LLP would like to clarify how the minor injury regulation works. Continue reading

Distracted Walking – A Modern Day Hazard

The distracted pedestrian is a common sight these days. You know the ones, walking with their eyes glued to their cell phones, frequently listening to music on headphones, or feverishly texting, oblivious to their surroundings. We have all had a laugh at videos of people falling into swimming pools and walking into poles while walking and texting. But more tragic are the increasing incidents of distracted pedestrians injured or killed in intersections, at railway crossings, and by light rapid transit. On May 16, 2017, for example, a 60-year-old woman was killed when she walked into the path of a C-Train at the Calgary Whitehorn station, spell-bound by her cell phone, and in February 2017 a 30-year-old man was killed at the same station, absorbed in his headphones and cell phone. Continue reading