Category: Claim Process

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

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

Fatal Accidents: Compensation for the Loss of a Family Member

Fatal accidents are never a pleasant topic but with Mother’s Day just past and Father’s Day approaching, we as personal injury lawyers are reminded of our many clients who have lost a mother, father, spouse, or child through the negligence of another.

What happens when the victim of a fatal accident is a parent, child or spouse?

In addition to CPP death benefits and Section B death benefits (if the death is as a result of a motor vehicle accident), you may also be entitled to claim damages from the parties who were at fault for the accident. These damages consist of:

  1. Bereavement Damages

Bereavement damages are for the loss of the guidance, care and companionship of the deceased and are mandated by legislation. Continue reading

5 Experts your Personal Injury Lawyer Should Know About

Every personal injury claim has different issues that will have an impact on the outcome of a case. To represent you properly, the lawyer you hire must know which experts are helpful and necessary to prove the essential elements of your case and how to use them effectively to achieve the best outcome for you.

The following list identifies five types of experts frequently needed to address specific questions. An experienced personal injury lawyer will know when such an expert is required, and, equally import, will know who to call on your behalf.

How did the accident happen?

If there are questions about how the accident occurred, and who is at fault, your injury lawyer may need to hire a Reconstruction Expert. Continue reading

Choosing the right type of lawyer to handle your personal injury claim

Not all lawyers are the same

After a motor vehicle accident, many injured accident victims may be tempted to call any lawyer they happen to know, regardless of what kind of law that lawyer practices, to see if they can get advice regarding their injuries and their rights.  Most general lawyers are smart enough to know what they don’t know and, if they don’t practice personal injury law, they will refer their client to a lawyer who has practice experience in the area of motor vehicle accident claims. However, some lawyers dabble in personal injury law and may decide to keep the claim for themselves. Continue reading

Personal Injury Law: How Do I Know if I Deserve Money for my Injury?

It is not always exactly clear to an injury victim whether they have standing to file a legal claim following an accident. There are specific rules to this determination and many times it takes consultation with a personal injury attorney regarding potential material case facts. Regardless of the situation, it is always necessary to retain an experienced personal injury attorney when injuries are significant and the case could be a high-value claim. Personal injury claims are often strongly contested, and having an effective and knowledgeable attorney can be the difference in actually being made whole or merely receiving a low settlement offer from the respondent insurance company adjuster. Continue reading