Author: Jean Oliver

Can I Still Receive a Damage Settlement If I had Pre-existing Medical Issues?

You may be concerned that having pre-existing medical issues before being involved in an motor vehicle accident may preclude you from claiming compensation for your accident injuries. Most people carry the residue of some prior injury or illness. Many of us have suffered a broken bone as a child or have work or sport-related injuries. Some people may be dealing with more serious health problems or chronic medical situations that require ongoing treatment. The good news is that having pre-existing health concerns doesn’t mean you cannot receive a damage award if you suffer new injuries in an accident or if a pre-existing condition is made worse. Continue reading

Considerations That May Limit the Amount of Your Personal Injury Damage Award

If you have been injured in an accident, you may decide to file a claim and seek compensation for your losses from the at-fault party. We have discussed the kinds of damages that you may be able to make a claim for in this post. They include damages for financial losses, like lost income if your injuries prevent you from working, as well as general damages for things like pain and suffering or esthetic prejudice (e.g., disfiguring injuries that may require plastic surgery or dental surgery).

However, it is not a given that you will get everything that you ask for. Continue reading

Slip and Falls: Duty to Take Reasonable Care for Your Own Safety

In an earlier blog post, we looked at compensation for pedestrians hit by motor vehicles. This post looks at pedestrians injured in slip and falls. Specifically, we want to highlight that pedestrians have certain obligations to look out for their own safety, especially in harsh winter conditions.  If they do not, they may be found partly at fault (“contributory negligence”) or entirely at fault, in which case their action is dismissed.

Pedestrian Duties

The obligations of a pedestrian while walking in winter include:

  •  to wear appropriate footwear for the weather and environmental conditions;
  • to walk at a normal pace given the conditions, and not rush or run; and
  • to be aware of the conditions, especially if the walkway is covered in ice and snow.
Continue reading

Injuries to Bus Passengers – Know Your Rights

Buses, such as those operated by the City of Edmonton and other municipalities, Red Arrow, Ebus, SunDog Tours and Cold Shot are “public carriers”, and as such, have heightened obligations to their passengers. The duty of the bus owner and bus driver is to carry bus passengers safely and to use all “due, proper and reasonable care and skill to avoid or prevent injury to the passenger.” In typical car accidents the injured person must show that the other driver was at fault.  With public carriers, there is a “reverse onus”, and the public carrier must show that the bus was being driven in a “skilled and prudent manner”. Continue reading

Damages for Homemakers and Stay-At-Home Parents: What Can You Claim For?

When you are injured in an accident, you can claim for different categories of losses. These categories are called heads of damage. One of these heads of damage is called general damages (also known as non-pecuniary damages). General damages compensate you for intangible losses like pain and suffering. You may also be able to claim special damages (sometimes called pecuniary damages), which are intended to compensate you for actual monetary losses that you incurred due to your injuries. Examples of special damages include economic losses (like loss of earnings or wages) and medical expenses (e.g., physiotherapy bills from the time of the accident until the time of the trial). Continue reading

Bicycle Accidents: Who’s Liable and Riding Safely

June is bike month in Edmonton, when the City encourages everyone to enjoy the benefits of physical exercise, exposure to the great outdoors, and pure fun by increasing the amount they bike, whether for recreation or as transportation to school or work. Along with the benefits of biking come some potential hazards, however, and it is essential to keep safety in mind at all times. As experienced plaintiffs’ personal injury lawyers we offer the following insight into factors that affect liability (who’s at fault) for a cycling accident and some tips to ensure that you and your family have a safe and happy biking experience. Continue reading