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
What is the cap for soft tissue injury compensation claims in Alberta?
The Superintendent of Insurance, Nilam Jetha, has announced the 2018 soft tissue (minor injury) cap amount. Since 2004, minor soft tissue injuries, including minor sprains and strains, have been limited by the government. In 2004 the minor injury cap was $4,000 and that has moved up due to inflation to $5,080 in 2018, a 1.2% increase from 2017.
Before 2004 a less severe injury that lasted 3- 6 months may have been worth anywhere from $5,000 – $15,000 for the pain and suffering. Since that time, the minor injury cap puts a limit on these less severe injuries and is set each year by the government. Continue reading
If you are in a personal injury lawsuit take a look at what is being shared on your social media accounts.
As we enjoy the winter holidays with friends and family, it is almost second nature for us to post our holiday adventures on social media. As experienced plaintiffs’ personal injury lawyers, we must caution you that if you are in a personal injury lawsuit it’s not always best to over-share on social media. The material you share can be “mined” by defence counsel in a personal injury lawsuit in a manner that might undermine your case for damages.
The value of the Facebook evidence regarding you credibility can be undermined in a personal injury case. Continue reading
What is the main purpose of third-party liability?
Third party liability coverage in an automobile insurance policy will cover you if you are at-fault in a motor vehicle accident. In addition to giving you peace of mind, the main purpose of third-party liability coverage is to protect your assets in the event damages are assessed against you.
Standard practice for insurance companies and insurance brokers in Alberta is to recommend $1 million in third-party liability coverage in an automobile insurance policy. As a personal injury law firm, we urge you not to default to this standard practice, rather purchase $2 million or more in third-party liability insurance. Continue reading
The holidays are soon approaching, and for many of us, this will mean a welcome visit from our senior parents or grandparents. You may be concerned for their safety while driving long distances on the winter roads or in poor weather conditions. Statistics report that people 70 years of age and older have the second-highest accident rate per kilometer as compared to other age groups. Only young male drivers have a higher accident rate.
Driving concerns for seniors include:
- Delayed reaction time – this article indicates that a 65-year-old has a reaction time 22 times slower than a 30-year-old;
- Impaired eyesight – vision problems such as cataracts, glaucoma and macular degeneration, can make it difficult to see clearly or drive at night, and may give rise to difficulties with depth perception;
- Age-related hearing loss – for example, reduced ability to hear a car honk or an approaching emergency vehicle or train can become issues;
- Growing forgetfulness;
- Range of motion issues such as shoulder checking and moving hands and feet.
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