If you are injured in a hit-and-run accident in Alberta, whether as a pedestrian, a cyclist or while driving your own motor vehicle, you may still be able to get compensation for your injuries. The Government of Alberta, through the Administrator of the Motor Vehicle Accident Claims Fund, will pay compensation up to $200,000 for personal injury claims brought by individuals who are injured in motor vehicle collisions that were caused by an unknown and unidentified driver. Also, if you have insurance coverage through your own automobile insurer in the form of a SEF 44 Family Protection Endorsement, which provides coverage to you in the event that you are injured in a collision caused by an uninsured or underinsured driver, you may also have a claim under your own insurance policy as illustrated by this Alberta case. Continue reading
If you are in a car accident that resulted in injuries and have decided to retain a lawyer, they will begin an action on your behalf to recover damages intended to compensate you for your injuries. Your lawyer will ask for medical reports from your doctor, and possibly from specialist doctors. To establish the extent of your injuries, the defendants (the opposing side) also have the right to have a doctor of their choice examine you. This examination is known as an “independent medical examination” or IME for short. These doctors will prepare an expert report in which they will give their opinion on the extent and severity of your injuries, as well as testify in court for the opposition if your case comes to a trial. Continue reading
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
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
Bottom line – this will be a gift to you and your personal injury lawyer.
The other driver either being convicted of or pleading guilty to a criminal offence, such as impaired driving, or a traffic offence, such as failure to stop at a stop sign, will go a long way to proving the liability (fault) of the other driver in causing the motor vehicle accident, and thus go a long way to proving their liability for your damages suffered.
Take the impaired driving situation, for example. If the other driver is found guilty of impaired driving, under the Alberta Evidence Act, their conviction can be admitted as proof of the underlying facts in your civil trial for damages. Continue reading
I have written on personal injury claims and traumatic brain injuries before, but with the growing media attention on the prominent damage awards for concussion related injuries in professional sports, such as the NFL billion-dollar settlement with its players, the ongoing struggles of Canada’s best hockey player Sidney Crosby with concussion injuries, and new research that concludes that kids under 18 should not play contact sports, I wanted to explain to those seeking compensation for concussion injuries that there has been a “trickle-down” effect. Now damages are frequently sought for concussions caused by playing sports at even the most basic levels, reaching down to our young children playing sports in our schools and communities. Continue reading