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.

Continue reading

Why You Need At Least $2 Million of Third Party Liability Coverage In Your Automobile Insurance Policy

What is the main purpose of third-party liability?

Third party liability coverage in an automobile insurance policy will cover you if you are at-fault in a motor vehicle accident. In addition to giving you peace of mind, the main purpose of third-party liability coverage is to protect your assets in the event damages are assessed against you.

Standard practice for insurance companies and insurance brokers in Alberta is to recommend $1 million in third-party liability coverage in an automobile insurance policy. As a personal injury law firm, we urge you not to default to this standard practice, rather purchase $2 million or more in third-party liability insurance. Continue reading

Safety Driving Tips for Older Senior Drivers

The holidays are soon approaching, and for many of us, this will mean a welcome visit from our senior parents or grandparents. You may be concerned for their safety while driving long distances on the winter roads or in poor weather conditions. Statistics report that people 70 years of age and older have the second-highest accident rate per kilometer as compared to other age groups. Only young male drivers have a higher accident rate.

Driving concerns for seniors include:

  • Delayed reaction time  – this article indicates that a 65-year-old has a reaction time 22 times slower than a 30-year-old;
  • Impaired eyesight – vision problems such as cataracts, glaucoma and macular degeneration, can make it difficult to see clearly or drive at night, and may give rise to difficulties with depth perception;
  • Age-related hearing loss –  for example, reduced ability to hear a car honk or an approaching emergency vehicle or train can become issues;
  • Growing forgetfulness;
  • Range of motion issues such as shoulder checking and moving hands and feet.
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

5 Experts your Personal Injury Lawyer Should Know About

Every personal injury claim has different issues that will have an impact on the outcome of a case. To represent you properly, the lawyer you hire must know which experts are helpful and necessary to prove the essential elements of your case and how to use them effectively to achieve the best outcome for you.

The following list identifies five types of experts frequently needed to address specific questions. An experienced personal injury lawyer will know when such an expert is required, and, equally import, will know who to call on your behalf.

How did the accident happen?

If there are questions about how the accident occurred, and who is at fault, your injury lawyer may need to hire a Reconstruction Expert. Continue reading