In most regards, a personal injury claim for a child is similar to one for an adult. There are a few key differences to keep in mind, however: Children cannot sue in their own right. This is not an obstacle, however, to launching a lawsuit.
While this topic has been discussed previously on our blog, such as in this post, I feel like another post is warranted. Indeed, the simple question seems to come up time and time again: Do I need a lawyer?
The recent decision from the Alberta Court of Queen’s Bench, Jones v Stepanenko, 2016 ABQB 295, builds on previous case law, such as McLean v Parmar, 2015 ABQB 62, and Chisholm v. Lindsay, 2012 ABQB 81, in providing guidance on compensation for chronic pain injuries in Alberta with consideration of the Minor Injury Regulation, Alta Reg 123/2004.
In Alberta, if you are involved in a motor vehicle accident with an uninsured driver, you can seek compensation from the Province of Alberta via the Administrator of the Motor Vehicle Claims Act. The Province then later tries to get that money back from the uninsured driver. The Province encourages these uninsured drivers to pay.
People sometimes joke about how we as Canadians seem to apologize even when we have no real reason to apologize. For example, if two individuals brush shoulders walking past each other on a busy street, or almost collide their shopping carts in a supermarket, it’s not uncommon to hear one or both individuals say, “I’m.
While true equality between male and female earnings still eludes society at large, the courts may have showed signs of recognizing and eschewing the inequality. A recent Alberta court decision McLean v Parmar, 2015 ABQB 62, recognized how the use of the typical male/female-specific actuarial tables for the earning capacity of the plaintiff’s job position.
As personal injury lawyers we see every day that accidents can happen in the best of conditions. Holidays bring additional hazards to the roads and sidewalks of our communities. With Halloween just a few weeks away, here are some important safety considerations to keep in mind. They apply whether you have children who will be.
The City of Calgary has just issued a new report showing the most popular cycling locations in the city. It also reveals some interesting demographic data on the city’s cyclists. The report states that nearly 20,000 cyclists were counted at 51 locations across the city for the 2013 Bicycle Count. The busiest count location turned.
It is often a good idea to keep a ‘pain diary’ or ‘pain journal’ following an accident such as a motor vehicle collision or a slip and fall. A pain diary, like its name suggests, is a record of your daily activities along with any discomfort or pain felt during those activities. A pain diary.
Let’s say you’re a passenger in a vehicle and your spouse or another family member is the driver. What happens if that family member makes a mistake and causes a serious accident that results in injuries to you? What are the implications for your insurance claim? In such a situation, your family member’s car insurance.
If you’ve suffered a slip and fall injury or have been in a motor vehicle accident, the day you’ll reach a settlement can seem a long way off. It can be a significant challenge to get by financially while you wait for everything to be resolved. Even if you’ve hired a very capable personal injury.
You’re on a crammed city bus. People are holding bags and various other items, and everyone is jostling for position. During rush hour most bus passengers are standing. If you’re lucky you’re within reach of a pole or strap. Meanwhile, the bus driver is navigating rush hour traffic. Sudden stops are to be expected, especially.
Personal injury lawyers don’t just assist vehicle drivers and their passengers. They also assist cyclists who have been injured on the road. Due to their lack of protection, cyclists often suffer particularly serious injuries following a collision with a vehicle. According to an article in American Family Physician, most bicycle-related injuries happen to the upper.
A motor vehicle collision or slip and fall accident can have wide-ranging effects on your life. The obvious ones are the pain and discomfort of your injuries, both physical and mental, and the treatment that goes along with that. There are also many less obvious ways that a personal injury can affect your life. Keeping.
If you have been in a motor vehicle accident, you might wonder if you will have to pay taxes on the settlement that is ultimately reached (or the damages award if it goes to trial). After all, a motor vehicle accident settlement can be in the range of tens of thousands or even hundreds of.
There are two main ways to hire a lawyer — by signing a retainer agreement or by signing a contingency agreement. Hiring a lawyer on a retainer agreement basis means you pay the lawyer a certain amount of money upfront (the retainer). The lawyer holds these funds in a trust account. As they complete work.
If you pursue a personal injury claim, whether for a motor vehicle accident or a slip and fall, you might wonder how likely it is that you’ll have to testify in court. The typical person does not relish the prospect of doing this. Movies and TV shows certainly paint a dramatic picture of the grilling.
Pedestrian injuries are an unfortunate fact of life, particularly in urban environments. As personal injury lawyers, we often represent pedestrians who have suffered injuries caused by motor vehicles. As would be expected, these injuries are often severe. Many factors influence the severity of a pedestrian’s injuries if they are hit by a motor vehicle. Some.
The short answer is yes. You can switch personal injury lawyers anytime you want. There are a number of reasons why a client might wish to change lawyers. Perhaps you consistently have trouble reaching your lawyer. Perhaps your lawyer treats you in a hostile and rude manner. Perhaps your lawyer has made mistakes and you’ve.
A recent Alberta Court of Appeal decision provides some insight into the assessment of past and future income loss in personal injury cases. In Minhas v. Hayden, the plaintiff (Minhas) had been injured in 2003 when the defendants’ car crossed the centre median and collided with his car. Minhas, who was 50 at the time,.
It happens all the time. Defendants have a big incentive to investigate personal injury claims to as great an extent as is allowed by law. Tens of thousands or even hundreds of thousands of dollars can be at stake. The larger the claim the more likely surveillance will occur. If an insurance company or any.
The information below applies mainly to those located in Calgary, Alberta. However, similar resources are likely available in your city and province/state. If you need legal advice, there is a lot of free legal information available. But you have to know where to look. These free resources might not have all the answers, but they.
As with any profession, there is misinformation about personal injury law and the people who practise it. Below we try to dispel three common ones. Myth 1: Personal injury lawyers take advantage of their clients Some people believe that injury lawyers exaggerate their clients’ chances of success, and the size of the likely settlement, in.
You slipped and fell while on someone else’s property, or perhaps another driver hit your vehicle. You have suffered injuries. But can you prove your injuries were the fault of the other person? Do you have a winnable personal injury case? To successfully pursue a claim for negligence, your personal injury lawyer will need to.
When you hire a personal injury lawyer, there are certain things you should be able to expect from him or her. These are some of the key ones: 1) Explain the Terms of the Agreement Most likely, you will sign a contingency fee agreement with your personal injury lawyer. This agreement should be written in.
Accidents such as motor vehicle collisions and slips and falls can lead to chronic pain. Chronic pain is a long-lasting condition that interferes with a person’s quality of life, their relationships and their ability to work. The Gale Encyclopedia of Medicine defines chronic pain as follows: Pain that lasts beyond the term of an injury.
Insurance companies are required to act in good faith. They are not supposed to fight tooth and nail to deny reasonable claims. If an insurance company does not act in good faith — if it behaves badly — a court can award punitive damages to the plaintiff. Punitive damages are also called exemplary damages. Punitive.
The vast majority of personal injury claims don’t go to trial. Most get settled long before that in the months following the accident. In fact, well over 90 per cent of injury claims are settled without going to trial. This is good. Trials are stressful and uncertain. They take a long time. They are also.
We care a lot about our clients. And we fight tooth and nail to get them the best settlement possible. But some clients are their own worst enemy. They hurt their chances of a fair and speedy settlement by doing silly things. Help your personal injury lawyer help you by doing the following: 1) Be.
The cost of hiring a lawyer can seem out of reach for many people. Fortunately, anyone can get the professional legal assistance they need if they’ve been injured in an accident. This is because personal injury lawyers typically charge on a contingency basis. This means that the client pays nothing out of pocket. The lawyer.