Category: Damages

Can I Still Receive a Damage Settlement If I had Pre-existing Medical Issues?

There are few people who do not carry the residue of some prior injury or illness dating from earlier in their lives. 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.

You may be concerned that having pre-existing medical issues before being involved in an accident may preclude you from claiming compensation for your accident injuries. The good news is that this is not the case. Having pre-existing health concerns doesn’t mean that 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

Alberta Minor Injury Cap – Update 2023

The Superintendent of Insurance Interpretation Bulletin 09-2022 confirms the annual increase in the Minor Injury Cap; the amount for non-pecuniary damages for minor injuries sustained in car accidents in Alberta.

Effective January 1, 2023, the maximum minor injury amount of $5,488 will be adjusted by six per cent, to $5,817. The new amount is applicable to minor injuries resulting from automobile accidents that occur in Alberta on
or after January 1, 2023.

Questions about the Minor Injury Cap and how it affects you? We are always happy to help people understand their options regarding an injury claim. Contact us if you would like a free consultation to get answers about your specific situation. Continue reading

Considerations That May Limit the Amount of Your Personal Injury Damage Award

If you have been injured in an accident, you may decide to file a claim and seek compensation for your losses from the at-fault party. We have discussed the kinds of damages that you may be able to make a claim for in this post. They include damages for financial losses, like lost income if your injuries prevent you from working, as well as general damages for things like pain and suffering or esthetic prejudice (e.g., disfiguring injuries that may require plastic surgery or dental surgery).

However, it is not a given that you will get everything that you ask for. Continue reading

How is Loss of Income Calculated After an Accident?

If you have been in an accident, you may have suffered injuries that prevented you from working while you recovered, or that will prevent you from returning to the same job – or even working at all – in the future. The person responsible for your injuries may have an obligation to compensate you for your lost income. But how are those losses calculated?

Past Loss of Income

The amount of salary that you may have lost before your case goes to trial, or before a settlement is reached is known as past loss of income and is often fairly straight-forward to quantify. Continue reading

What Is My Claim Worth? What You Need to Know About Categories of Damages

After being injured in an accident, recovery and returning to your daily life may present you with challenges. You may consider filing a lawsuit against the person who injured you. One of the first things you will likely want to know is how much your claim may be worth.

We provided some information about how legal claims work and some general information about damages in this post. However, the subject of personal injury damages is extensive, and there can be a lot of legal jargon and unfamiliar terms. In this post, we’ll explain some of those terms and help you understand how your injuries may be categorized and discussed by your lawyer, the other side, or the court. Continue reading