Category: Personal Injuries

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

You may be concerned that having pre-existing medical issues before being involved in an motor vehicle accident may preclude you from claiming compensation for your accident injuries. Most people carry the residue of some prior injury or illness. 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. The good news is that having pre-existing health concerns doesn’t mean 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

10 Myths about Car Accident Claims in Alberta

Car Accident Statistics in Alberta

According to a 2020 report from Alberta Transportation, almost 95,000 car accidents occurred in Alberta, causing more than 200 deaths and injuring more than 11,000 people. That means an average of nearly 260 accidents happen in Alberta each day!

No one anticipates a car accident and you’ve probably heard different opinions about how to handle your claim, whether it’s from family and friends or from information on the internet.

In this blog post, we share some common myths surrounding car accident claims. Understanding the realities of motor vehicle claims will help you prepare in the event you or a loved one is involved in an accident. Continue reading

Update on Parental Negligence and Liability in Personal Injury Cases Involving Children

In an earlier blog post CAM LLP canvassed what happens when a child is injured while a passenger in a vehicle driven by a family member. A recent decision from the New Brunswick Court of Appeal, Edmondson v. Edmondson, 2022 NBCA 4, granted summary judgment to the legal representatives of a five-year-old child against his father for injuries suffered while a passenger on the father’s motorcycle, and found the father liable squarely on the basis of his parental negligence.

The case highlights the high degree of care that a parent must take while transporting their child, should the worst happen and they are in a motor vehicle accident. Continue reading

Mitigation and Returning to Work After an Injury: What you Need to Know

Your duty to mitigate by returning to work

All personal injury plaintiffs are required to try and minimize their damages. This is called the duty to mitigate. Essentially, it means that even if someone else’s negligence caused your injuries, you have a responsibility to take all reasonable steps to heal from your injuries as best you can and to reduce any negative consequences from your injuries. If you could have taken reasonable actions to avoid or minimize a loss and you chose not to, damages for that loss will not be recoverable as our courts consider it unfair to make a defendant pay for losses that a plaintiff could have reasonably avoided. Continue reading

Fatal Accidents: Damages and Compensation for Wrongful Death of a Loved One

Losing a loved one is devastating. This article reviews your potential legal remedies as a result of wrongful death, but we know that no amount of money can replace your loved one.

We also recognize that the first step in dealing with your loss is to obtain emotional support from your family and friends, and to access necessary counselling support to help you cope with the grieving process.

Alberta Health Services has gathered some resources that you may find helpful here and additional resources are available through CAMH Edmonton. Your family doctor may also be able to connect you with local resources. Continue reading

Injuries to School Bus Riders – What You Need to Know

It is every parent’s worst nightmare –  “School bus impaled by logs after collision north of Edmonton in Barrhead,” were the headlines in all the Alberta media outlets on November 2, 2021. Logs on a turning logging truck swung out and went though the side of the school bus. Unbelievably, and thankfully, no one was seriously injured but these types of random accidents can befall children riding as passengers in a school bus, with disastrous results.

A 2008 Final Report reviewing school bus collisions for Alberta Transportation recorded that every day in Alberta more than 5000 school buses were used to transport over 265,000 young Albertans to school. Continue reading