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

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