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

During the holidays please don’t over – share on social media!

If you are in a personal injury lawsuit take a look at what is being shared on your social media accounts.

As we enjoy the winter holidays with friends and family, it is almost second nature for us to post our holiday adventures on social media. As experienced plaintiffs’ personal injury lawyers, we must caution you that if you are in a personal injury lawsuit it’s not always best to over-share on social media. The material you share can be “mined” by defence counsel in a personal injury lawsuit in a manner that might undermine your case for damages.

The value of the Facebook evidence regarding you credibility can be undermined in a personal injury case.

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Do’s and Don’ts For Your Independent Medical Examination

If you are in a car accident that resulted in injuries and have decided to retain a lawyer, they will begin an action on your behalf to recover damages intended to compensate you for your injuries. Your lawyer will ask for medical reports from your doctor, and possibly from specialist doctors. To establish the extent of your injuries, the defendants (the opposing side) also have the right to have a doctor of their choice examine you. This examination is known as an “independent medical examination” or IME for short. These doctors will prepare an expert report in which they will give their opinion on the extent and severity of your injuries, as well as testify in court for the opposition if your case comes to a trial. Continue reading

Soft Tissue Injury Cap Amount Announced by Alberta Government for 2017

What is the cap for soft tissue injury compensation claims in Alberta?

The Superintendent of Insurance, Nilam Jetha, has announced the 2017 soft tissue (minor injury) cap amount.  Since 2004, minor soft tissue injuries, including minor sprains and strains, have been limited by the government.  In 2004 the minor injury cap was $4,000 and that has moved up due to inflation to $5,020 in 2017.

Before 2004 a less severe injury that lasted 3- 6 months may have been worth anywhere from $5,000 – $15,000 for the pain and suffering.  Since that time, the minor injury cap puts a limit on these less severe injuries and is set each year by the government.   Continue reading

No Two Brain Injuries are Alike

 

Concussions are an increasingly hot topic because of developments in professional and amateur sports. As a result, the discussion of head injuries, and the knowledge about their consequences is everywhere. When a brain injured client comes in to see us we know that the treatment and management of these clients will be different in every case because no two brain injuries are alike. One client may have a relatively minor concussion and post-concussion syndrome while another may be bed-ridden in a semi-vegetative state.

CAM LLP lawyers have represented clients from across the head injury spectrum. To help clients and their caregivers prepare for the recovery process, we have gathered some observations about three general categories of head injury cases and what you can expect to encounter. Continue reading