Author: Jean Oliver

Calculating Loss of Future Earning Capacity

There are many different types of damages that you can be compensated for after you are injured in an accident, including your pain and suffering, the cost of future care and ongoing medical treatments that you will require, and any loss of income you have experienced up to the time of trial.

But what about the reduction in your income going forward after the trial? What happens if you are no longer able to return to your old job because of your injuries, can no longer pursue a career that you have been working toward, or miss out on an economic opportunity? Continue reading

Helping a Loved One with a Brain Injury or Injury that Prevents Them From Being Able to Instruct a Lawyer

What Is a Litigation Representative?

When a person has suffered an injury that warrants bringing a legal claim for compensation, the usual course is for that person to retain a lawyer to work with them through the litigation or settlement process. However, in some cases, a person’s injuries may be so severe that their ability to make decisions or manage their affairs is compromised. This is sometimes referred to as “lacking capacity” and this situation may be temporary or permanent depending on the injury.

A lawyer is not permitted to take instructions about the conduct of a legal proceeding from someone who lacks capacity. Continue reading

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