Winter recreational injuries: When can you claim damages?

Winter in Canada provides opportunities for plenty of thrilling outdoor activities, including skiing, snowboarding, snowmobiling, fat biking, and pond hockey. For outdoor enthusiasts, there is much to enjoy. But many of these activities also involve a degree of risk, and injuries are unfortunately not uncommon. If you or a family member gets injured during winter activities, is it possible to seek compensation?

The answer is: sometimes. There are a number of factors influencing whether someone else may be liable for your injuries, including legislation, any waivers you may have signed, and the specific circumstances surrounding your accident. An experienced personal injury lawyer can assist you in evaluating how those factors may operate in your situation. Continue reading

Find the Right Personal Injury Lawyer for a Serious Injury Claim

The adage “accidents happen” unfortunately rings true: without warning and when you least expect it, you or a loved one may find yourselves faced with injuries, financial loss, and other consequences flowing from a motor vehicle collision, a slip and fall, or other accident caused by someone else’s negligence.

Your immediate need in these situations is for medical care and support to help you with your physical recovery, particularly if your accident was a serious one. At the same time, there will be other issues to deal with  – insurance claims, for example, as well as determinations of liability for the accident, and financial compensation that you may be owed for injuries that it caused. Continue reading

Confused About Alberta’s Minor Injury Regulation?

In 2004, the insurance industry successfully lobbied the Alberta provincial government to “cap” damages payable to motor vehicle accident victims for minor injuries. Since that time, some insurance representatives have argued that the top damage award payable under the cap, is awarded only to those who have suffered the most serious “minor injuries,” and they then attempt to bargain down from this minimal sum. Some insurance representatives may also take the position that your injuries clearly fall within the “cap,” when in fact they do not, either due to the nature of the injuries or because the injuries resulted in a serious impairment. Continue reading

The Importance of Your Family Doctor in Your Personal Injury Claim

Anyone who has been injured knows that it can be an awful experience. In addition to coping with pain and suffering, you may be worried that your symptoms might not improve. Furthermore, your injuries impact those around you. It’s never easy for those close to you to see you suffer, and they may experience feelings of helplessness. It’s important to everyone involved that you do whatever you can to heal and feel better.

If you are injured, the best way to help yourself and, those you love, is to follow the advice of your doctors and other medical professionals. In fact, from a legal standpoint, taking reasonable positive steps to ease your own pain and suffering is an extremely important part of obtaining full compensation for your injury claim. Continue reading

Compensation for Helping your Injured Loved One

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

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