November 6 2017

Do’s and Don’ts For Your Independent Medical Examination

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

October 25 2017

Halloween: the Scariest Night of the Year for Personal Injury Lawyers

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

October 17 2017

Confused About Alberta’s Minor Injury Regulation?

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

August 23 2017

The Impact of Convictions for Criminal or Traffic Offences on Personal Injury Actions

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.

Impaired Driving

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

August 16 2017

Claims for Concussion Injuries in Sports: The Trickle-Down Effect

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

August 11 2017

Help, my child has been injured at summer camp! What do I do?

Camp can be a wonderful experience for children opening their worlds to new skills and opportunities. Today summer camp takes many forms, including day camps focusing on one particular activity or skill, such as soccer or computer camps. The “old school” summer camp still thrives, however, frequently located on a lake or a river, or in the mountains or a forest, and offering a range of learning and recreational activities, including swimming, rowing, canoeing, horseback riding and archery.

While every parent wants their child to have a safe experience at summer camp, injuries can occur. These include:

  • Tragic drowning or near drowning accidents that may be due to inadequate supervision by camp counselors with little experience, who leave their posts, or are distracted by their cell phones or others;
  • Other incidents of wrongful death, caused by a fall or exposure to a fire hazard;
  • Sexual abuse of your child by camp counselors or other camp staff;
  • Physical injuries, caused by faulty, poorly maintained or hazardous camp lodgings and facilities;
  • Burn injuries, perhaps caused by improper supervision around campfires;
  • Injuries from bullying by other children, or otherwise being subjected to violence, including emotional trauma; and
  • Infectious diseases spreading throughout the camp population.
Continue reading