What is Mediation?
Mediation is an interactive process that involves bringing you and your lawyer together with the insurance adjuster and their lawyer to try to resolve your claim with the assistance of a Mediator. A Mediator is a neutral third party, usually a personal injury lawyer or retired judge, with special mediation skills. The Mediator will try to help you and the insurance company negotiate a settlement of your personal injury claim. The goal of Mediation is to resolve your claim.
Preparation for Mediation
Your lawyer will meet with you well before the date scheduled for Mediation, to prepare you. Continue reading
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
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
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 trustworthy or credible you appear will almost always have an impact on how an insurance adjuster treats your file and (if your case goes to court) how a judge will assess your damages. Continue reading
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