Compensation for loss of consortium. When an accident injures your partner and kills your sex life, can you be compensated?

What is a loss of consortium and can I be compensated?

“Loss of consortium,” is a claim made for damages suffered by a spouse or family member of the person who has been injured or killed as a result of an accident. The amount of your damage award will vary according to the severity of the loss of society and comfort of your spouse. In cases where your relationship has been reduced to that of caregiver/care receiver, you might anticipate damages for “loss of consortium” ranging up to $40,000 and beyond. If the loss of your companionship with your spouse is of limited impact, or limited duration, damages for loss of consortium will be much lower, perhaps only ranging from $7,500 and above. Continue reading

Halloween: the Scariest Night of the Year for Personal Injury Lawyers

Halloween, steeped in its Celtic origins, has been embraced as a fun holiday by most Canadians, including children, teenagers, and adults. For those who celebrate Halloween, this is a wonderful time of the year. For an experienced plaintiff’s personal injury lawyer, however, Halloween is a very scary night.

Young children, decked out in colourful costumes idealizing what they would like to be, or dressed as their favorite pop culture character, will run from house to house to gather treats from strangers, frequently in unknown neighbourhoods and in darkness. Teenagers will gather for raucous Halloween parties with their friends, frequently indulging in alcohol or drugs. Continue reading

Help, my child has been injured at summer camp! What do I do?

Camp can be a wonderful experience for children opening their worlds to new skills and opportunities. Today summer camp takes many forms, including day camps focusing on one particular activity or skill, such as soccer or computer camps. The “old school” summer camp still thrives, however, frequently located on a lake or a river, or in the mountains or a forest, and offering a range of learning and recreational activities, including swimming, rowing, canoeing, horseback riding and archery.

While every parent wants their child to have a safe experience at summer camp, injuries can occur. These include:

  • Tragic drowning or near drowning accidents that may be due to inadequate supervision by camp counselors with little experience, who leave their posts, or are distracted by their cell phones or others;
  • Other incidents of wrongful death, caused by a fall or exposure to a fire hazard;
  • Sexual abuse of your child by camp counselors or other camp staff;
  • Physical injuries, caused by faulty, poorly maintained or hazardous camp lodgings and facilities;
  • Burn injuries, perhaps caused by improper supervision around campfires;
  • Injuries from bullying by other children, or otherwise being subjected to violence, including emotional trauma; and
  • Infectious diseases spreading throughout the camp population.
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Should I sign the Waiver and take that exciting summer adventure?

By Fran Zinger, Senior Partner at CAM LLP

There are certain firmly held myths in society when it comes to some legal concepts – I can easily get out of a rental lease, I won’t be bound by my non-compete clause, and I won’t be held to the waiver I signed to go white water rafting, skydiving, zip-lining, horseback riding, or [insert exciting summer adventure of your choice here]. Whether these myths come from TV, movies, or well-meaning friends or family members, the reality is that in many cases you cannot break the lease, you will be held to your non-compete clause and you may well be prevented from suing for damages if you are injured during an adventure activity by the waiver that you signed voluntarily. Continue reading