Category: Accidents

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

Can you recover damages for a slip and fall on an icy sidewalk?

Walking on city sidewalks in Alberta in the winter and colder spring months can be treacherous. Many homeowners neglect to shovel the snow on city sidewalks in front of their homes following a snowfall, even though city and town bylaws require them to do so. In Edmonton, the city bylaw requires that a homeowner shovel the city sidewalk that runs alongside their property within 48 hours of the snowfall – in Calgary, the requirement is within 24 hours. Even if a homeowner shovels the city sidewalk, and perhaps also sands or salts, the sidewalk can remain treacherous, and pedestrians can slip and fall. 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

Can I recover damages for snowmobiling injuries?

Snowmobiling is a popular winter sport in Alberta. Anyone who is into the sport knows it is more of a culture. Many back country roads are only accessible by snowmobile during the winter months, and it is one form of transportation that makes travel in some of our smaller communities possible. Along with the fast speeds on unpredictable terrains come snowmobiling injuries. It’s likely that at least someone you know has suffered injury from a snowmobile accident. As experienced personal injury lawyers, we have talked to many snowmobile accident victims who want to know whether they can recover damages for their injuries. Continue reading

How do Pre–existing Injuries Potentially Affect Your Personal Injury Damage Award?

Many people suffering injuries in a motor vehicle accident are concerned that pre-existing injuries they may have had from previous motor vehicle accidents, for example, might reduce or perhaps negate any potential damage award that might be granted to them. This is a valid concern as many people suffer from pre-existing injuries such as disc degeneration problems and ongoing chronic pain. As the plaintiff in a personal injury action you can anticipate that the lawyers for the defendant will review your medical records looking for pre-existing injuries or medical conditions.

How will my pre-existing injury affect my personal injury case?

The bottom line is that the judge will, in assessing damages, only put you back in your “original position”, which will include an assessment of your pre—existing injuries. Continue reading