Category: Claim Process

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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What Should You Do If You Are Injured In A Hit-and-Run Accident?

If you are injured in a hit-and-run accident in Alberta, whether as a pedestrian, a cyclist or while driving your own motor vehicle, you may still be able to get compensation for your injuries. The Government of Alberta, through the Administrator of the Motor Vehicle Accident Claims Fund, will pay compensation up to $200,000 for personal injury claims brought by individuals who are injured in motor vehicle collisions that were caused by an unknown and unidentified driver. Also, if you have insurance coverage through your own automobile insurer in the form of a SEF 44 Family Protection Endorsement, which provides coverage to you in the event that you are injured in a collision caused by an uninsured or underinsured driver, you may also have a claim under your own insurance policy as illustrated by this Alberta case. Continue reading

The Impact of Convictions for Criminal or Traffic Offences on Personal Injury Actions

Bottom line – this will be a gift to you and your personal injury lawyer.

The other driver either being convicted of or pleading guilty to a criminal offence, such as impaired driving, or a traffic offence, such as failure to stop at a stop sign, will go a long way to proving the liability (fault) of the other driver in causing the motor vehicle accident, and thus go a long way to proving their liability for your damages suffered.

Impaired Driving

Take the impaired driving situation, for example. If the other driver is found guilty of impaired driving, under the Alberta Evidence Act, their conviction can be admitted as proof of the underlying facts in your civil trial for damages. Continue reading

Help, my child has been injured at summer camp! What do I do?

Camp can be a wonderful experience for children opening their worlds to new skills and opportunities. Today summer camp takes many forms, including day camps focusing on one particular activity or skill, such as soccer or computer camps. The “old school” summer camp still thrives, however, frequently located on a lake or a river, or in the mountains or a forest, and offering a range of learning and recreational activities, including swimming, rowing, canoeing, horseback riding and archery.

While every parent wants their child to have a safe experience at summer camp, injuries can occur. These include:

  • Tragic drowning or near drowning accidents that may be due to inadequate supervision by camp counselors with little experience, who leave their posts, or are distracted by their cell phones or others;
  • Other incidents of wrongful death, caused by a fall or exposure to a fire hazard;
  • Sexual abuse of your child by camp counselors or other camp staff;
  • Physical injuries, caused by faulty, poorly maintained or hazardous camp lodgings and facilities;
  • Burn injuries, perhaps caused by improper supervision around campfires;
  • Injuries from bullying by other children, or otherwise being subjected to violence, including emotional trauma; and
  • Infectious diseases spreading throughout the camp population.
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Fatal Accidents: Compensation for the Loss of a Family Member

Fatal accidents are never a pleasant topic but with Mother’s Day just past and Father’s Day approaching, we as personal injury lawyers are reminded of our many clients who have lost a mother, father, spouse, or child through the negligence of another.

What happens when the victim of a fatal accident is a parent, child or spouse?

In addition to CPP death benefits and Section B death benefits (if the death is as a result of a motor vehicle accident), you may also be entitled to claim damages from the parties who were at fault for the accident. These damages consist of:

  1. Bereavement Damages

Bereavement damages are for the loss of the guidance, care and companionship of the deceased and are mandated by legislation. Continue reading