In a recent blog post, we discussed how credibility is key in personal injury actions. In this blog post, we explore this further by citing examples where a plaintiff’s credibility has been seriously compromised by video surveillance.
Video Surveillance and Privacy Rights
Video surveillance seems to be especially prevalent in cases involving claims for chronic pain because the reporting of chronic pain to medical professionals is often seen by insurance adjusters to be “subjective,” and thus subject to challenge. It is not uncommon for the defendant’s insurer to hire a private investigator to “tail” the plaintiff and video their daily activities in search of evidence that may compromise the plaintiff’s claims of impairment. Continue reading
At CAM LLP we are proud to be good neighbours. Whether it’s a local sporting event, charities or community services, community involvement is important to us.
As personal injury lawyers we help our clients recover, often times from serious physical injury. The ultimate goal is to help our clients return to their pre-accident lives, where that is possible. Appropriate access to rehabilitation services is critical for achieving optimum recovery. Our community is fortunate to have access to some truly excellent community-based resources to help injured people recover and come to terms with post-injury life.
We are proud to support a number of these resources. Continue reading
How trustworthy or credible you appear will almost always have an impact on how an insurance adjuster treats your file and (if your case goes to court) how a judge will assess your damages. Continue reading
Snowmobiling is a popular winter sport in Alberta. Anyone who is into the sport knows it is more of a culture. Many back country roads are only accessible by snowmobile during the winter months, and it is one form of transportation that makes travel in some of our smaller communities possible. Along with the fast speeds on unpredictable terrains come snowmobiling injuries. It’s likely that at least someone you know has suffered injury from a snowmobile accident. As experienced personal injury lawyers, we have talked to many snowmobile accident victims who want to know whether they can recover damages for their injuries. Continue reading
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