Most of the time, when a plaintiff is injured and awarded damages by the courts, a lump sum payment will be ordered. Essentially, what this means is that the court will total all of the damage amounts from the various heads of damage that were awarded, such as general damages or cost of future care, and the total amount of money is ordered to be paid to the plaintiff all at once. However, on occasion the courts will order a structured settlement. A structured settlement is a settlement agreed to between the parties where the plaintiff receives the amount of their damages on a periodic, scheduled basis. Continue reading
No one thinks twice about treating physical injuries that result from a car accident. First responders arrive at the accident scene immediately to assess and address any physical damage. If you have whiplash, you’ll likely visit a doctor or chiropractor multiple times until your pain becomes manageable. If you experience long-term health effects, you’ll continue to visit a physical therapist to learn coping strategies for returning to normal life.
However, unlike physical injuries, emotional injuries can be easy to ignore. We often tell ourselves we just need to “get over” the anxiety and PTSD that often follow a car accident, even though we would never tell ourselves to “get over” a broken leg or a brain injury. Continue reading
Distracted driving, as a contributing cause of serious accidents, is not new but the causes of distraction have increased as our society adopts new and more pervasive technology.
The RCMP considers distracted driving a form of impaired driving, because “a driver’s judgement is compromised when they are not fully focused on the road.” In Alberta alone, 97% of distracted driving convictions were for using a hand-held electronic device while driving. In an effort to reduce distracted driving incidents, as of January 1, 2016, penalties for distracted driving in Alberta began to include three demerit points in addition to a $287 fine. Continue reading
The University of Calgary’s Integrated Concussion Research Program has recently released exciting research that has led to the development of a tool that will allow doctors “to accurately and rapidly measure proteins and small molecules known to indicate an injury that is present in the brain”. This tool is set for clinical trials, with the goal that the device will be able to detect brain injuries hours after the trauma occurred.
While this research can potentially revolutionize treatment for those with brain injuries, I wanted to explain to those seeking compensation for concussion injuries that there has been a “trickle-down” effect. Continue reading
June is bike month in Edmonton, when the City encourages everyone to enjoy the benefits of physical exercise, exposure to the great outdoors, and pure fun by increasing the amount they bike, whether for recreation or as transportation to school or work. Along with the benefits of biking come some potential hazards, however, and it is essential to keep safety in mind at all times. As experienced plaintiffs’ personal injury lawyers we offer the following insight into factors that affect liability (who’s at fault) for a cycling accident and some tips to ensure that you and your family have a safe and happy biking experience. Continue reading
What is a loss of consortium and can I be compensated?
“Loss of consortium,” is a claim made for damages suffered by a spouse or family member of the person who has been injured or killed as a result of an accident. The amount of your damage award will vary according to the severity of the loss of society and comfort of your spouse. In cases where your relationship has been reduced to that of caregiver/care receiver, you might anticipate damages for “loss of consortium” ranging up to $40,000 and beyond. If the loss of your companionship with your spouse is of limited impact, or limited duration, damages for loss of consortium will be much lower, perhaps only ranging from $7,500 and above. Continue reading