Category: Accidents

Weather-related pedestrian injuries in Alberta

Pedestrians are more vulnerable to injury in winter and early spring in Alberta due to the accumulation of snow and ice on roadways and sidewalks and surprise “second winter” events. If you or a loved one suffers a fall and gets injured, you may wonder if there is a right to compensation, and who to address your claim to.

Liability for injuries suffered in outdoor slip and fall accidents is governed by either the Municipal Government Act or the Occupiers’ Liability Act, depending on who has care of the property where the accident occurs.

Accidents on Municipal Sidewalks

In most cases, municipalities bear ultimate liability for slip-and-fall injuries resulting from snow or ice on sidewalks. Continue reading

Winter recreational injuries: When can you claim damages?

Winter in Canada provides opportunities for plenty of thrilling outdoor activities, including skiing, snowboarding, snowmobiling, fat biking, and pond hockey. For outdoor enthusiasts, there is much to enjoy. But many of these activities also involve a degree of risk, and injuries are unfortunately not uncommon. If you or a family member gets injured during winter activities, is it possible to seek compensation?

The answer is: sometimes. There are a number of factors influencing whether someone else may be liable for your injuries, including legislation, any waivers you may have signed, and the specific circumstances surrounding your accident. An experienced personal injury lawyer can assist you in evaluating how those factors may operate in your situation. Continue reading

Independent Medical Examinations (IMEs): What you need to know

If you are injured in an accident and have started a lawsuit against the person you believe is responsible, your ultimate goal is to obtain monetary compensation for your injuries and losses. A key consideration in determining the appropriate amount of compensation you are entitled to is the extent of your injuries and how they affect your life. Often, these elements will be contested by the at-fault party, who may believe your injuries are less serious than you claim.

It is important for both sides to have a clear understanding of what your injuries are, what your prospect for improvement is, and what type of treatment you will need in the future. Continue reading

Common Myths about Personal Injury Claims in Alberta – Part 2

In the age of social media, you may hear many myths and contradictory stories about what it’s like to pursue a personal injury claim. It can be hard to figure out what is true and what is false, which can be distressing if you or a loved one have been involved in an accident.

Unfortunately, car accidents are a daily occurrence on Alberta roads. In a previous blog post, we discussed 10 Myths about Car Accident Claims in Alberta. In this post, we tackle some additional misconceptions people may have about the personal injury claims process in Alberta.

Myth: You must settle your claim within two years.

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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

What to know about Section B – Accidents Benefits (No-fault Benefits)

What to know about Section B – Accidents Benefits (No-fault Benefits)

In Alberta, automobile insurance is prescribed by legislation. The result is a standardized insurance policy that is the same for all motorists. The three sections in Alberta’s Standard Owner’s Automobile Policy, Form (SPF No. 1) are:

  • Section A – Third Party Liability Insurance – Mandatory
  • Section B – Accident Benefits – Mandatory
  • Section C –  Loss of or damage to insured vehicle – Optional

If you’ve been involved in a motor-vehicle accident, you have a right to claim accident benefits from your insurer no matter who is at-fault in the accident. Continue reading