Category: Motor Vehicle Accidents

Damages for Homemakers and Stay-At-Home Parents: What Can You Claim For?

When you are injured in an accident, you can claim for different categories of losses. These categories are called heads of damage. One of these heads of damage is called general damages (also known as non-pecuniary damages). General damages compensate you for intangible losses like pain and suffering. You may also be able to claim special damages (sometimes called pecuniary damages), which are intended to compensate you for actual monetary losses that you incurred due to your injuries. Examples of special damages include economic losses (like loss of earnings or wages) and medical expenses (e.g., physiotherapy bills from the time of the accident until the time of the trial). Continue reading

Bicycle Accidents: Who’s Liable and Riding Safely

June is bike month in Edmonton, when the City encourages everyone to enjoy the benefits of physical exercise, exposure to the great outdoors, and pure fun by increasing the amount they bike, whether for recreation or as transportation to school or work. Along with the benefits of biking come some potential hazards, however, and it is essential to keep safety in mind at all times. As experienced plaintiffs’ personal injury lawyers we offer the following insight into factors that affect liability (who’s at fault) for a cycling accident and some tips to ensure that you and your family have a safe and happy biking experience. Continue reading

Compensation for loss of consortium. When an accident injures your partner and kills your sex life, can you be compensated?

What is a loss of consortium and can I be compensated?

“Loss of consortium,” is a claim made for damages suffered by a spouse or family member of the person who has been injured or killed as a result of an accident. The amount of your damage award will vary according to the severity of the loss of society and comfort of your spouse. In cases where your relationship has been reduced to that of caregiver/care receiver, you might anticipate damages for “loss of consortium” ranging up to $40,000 and beyond. If the loss of your companionship with your spouse is of limited impact, or limited duration, damages for loss of consortium will be much lower, perhaps only ranging from $7,500 and above. Continue reading

Compensation for Helping your Injured Loved One

When a loved one is injured, you naturally want to help.  Many spouses, parents, and other family members really step up to the plate to assist by providing caretaking, companionship, nursing, childcare, and transportation. Many also contribute financially by, for example, taking time off work or quitting their employment to take care of their injured loved one, refurbishing their homes to make them accessible and provide accommodation, or perhaps even purchasing adequate accommodation to meet the enhanced needs of their injured loved one. 

Giving up a job, expending money on home renovations or buying accessible housing each have a big financial impact. Continue reading

Credibility Part II: Video Surveillance

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