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

10 Myths about Car Accident Claims in Alberta

Car Accident Statistics in Alberta

According to a 2020 report from Alberta Transportation, almost 95,000 car accidents occurred in Alberta, causing more than 200 deaths and injuring more than 11,000 people. That means an average of nearly 260 accidents happen in Alberta each day!

No one anticipates a car accident and you’ve probably heard different opinions about how to handle your claim, whether it’s from family and friends or from information on the internet.

In this blog post, we share some common myths surrounding car accident claims. Understanding the realities of motor vehicle claims will help you prepare in the event you or a loved one is involved in an accident. Continue reading

Update on Parental Negligence and Liability in Personal Injury Cases Involving Children

In an earlier blog post CAM LLP canvassed what happens when a child is injured while a passenger in a vehicle driven by a family member. A recent decision from the New Brunswick Court of Appeal, Edmondson v. Edmondson, 2022 NBCA 4, granted summary judgment to the legal representatives of a five-year-old child against his father for injuries suffered while a passenger on the father’s motorcycle, and found the father liable squarely on the basis of his parental negligence.

The case highlights the high degree of care that a parent must take while transporting their child, should the worst happen and they are in a motor vehicle accident. Continue reading

Compensation for Cycling Injuries: What you Need to Know

Biking is becoming an “all weather” pastime in Alberta. Many people have adopted winter biking on their “fat bikes,” as a way to maintain their health while commuting to work in urban settings, or recreationally, enjoying the pathways groomed for winter bikers. There is also a correlation between an increase in biking generally and the restrictions imposed during the pandemic. More cyclists on the roads all year round means more cycling injuries.

Cyclists who continue to bike during winter and early spring face additional challenges. Slippery roads, low visibility with shorter days, and the snow and ice on the roads can force drivers and cyclists to share a narrower space in the winter months. Continue reading

Fatal Accidents: Damages and Compensation for Wrongful Death of a Loved One

Losing a loved one is devastating. This article reviews your potential legal remedies as a result of wrongful death, but we know that no amount of money can replace your loved one.

We also recognize that the first step in dealing with your loss is to obtain emotional support from your family and friends, and to access necessary counselling support to help you cope with the grieving process.

Alberta Health Services has gathered some resources that you may find helpful here and additional resources are available through CAMH Edmonton. Your family doctor may also be able to connect you with local resources. Continue reading