News

Personal Injury

The contents of these posts are for general information only, and should not be construed as legal advice.

 

Heads of Damages in Personal Injury Actions

The general principle behind awarding damages in a personal injury action is that the plaintiff is to be restored the position that he or she would have been in had the injury not occurred.

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The Minor Injury Regulation

The Minor Injury Regulation is a regulation that was put in place by the Alberta government in 2004, which limits the amount that an injured person may recover for non-monetary damages.

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Damages in Long-Term Disability Cases

Many people have long-term disability insurance coverage through either employee group benefits or private plans.

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Funding Sources for Albertans with Care Needs

We work for many people and families who require extensive care, and part of what is claimed in a lawsuit for our clients is the cost of the care they require.

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Overview of Duty of Care, Standard of Care, Damages and Causation

Negligence, is the basis of personal injury claims and lawsuits.  In order to successfully prove a claim in negligence, the person commencing the lawsuit (the plaintiff) must prove four elements of negligence.

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What is a Contingency Fee Agreement?

A person may retain a lawyer through several different methods, such as a flat fee for legal services, a retainer to pay for legal services on an ongoing hourly basis, or using a contingency fee arrangement.

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Saadati v Moorhead

The recent decision from the Supreme Court of Canada in Saadati v Moorhead may signal a change in how damages are awarded in obstetrical cases.  Prior to the Saadati decision, a parent who’s child suffered a birth injury had no legal right to claim for the pain and suffering the parent has experienced unless the parent had been diagnosed with a recognized psychiatric illness arising from the birth of his or her child. The recent decision from the Supreme Court of Canada in Saadati v Moorhead may signal a change in how damages are awarded in obstetrical cases.  Prior to the Saadati decision, a parent who’s child suffered a birth injury had no legal right to claim for the pain and suffering the parent has experienced unless the parent had been diagnosed with a recognized psychiatric illness arising from the birth of his or her child.

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INDIGENOUS LAND ACKNOWLEDGEMENT

The lands on which Edmonton sits and the North Saskatchewan River that runs through it have been the sites of natural abundance, ceremony and culture, travel and rest, relationship building, making, and trading for Indigenous peoples since time immemorial. Edmonton is located within Treaty 6 Territory and within the Metis homelands and Metis Nation of Alberta Region 4. We acknowledge this land as the traditional territories of many First Nations such as the Nehiyaw (Cree), Denesuline (Dene), Nakota Sioux (Stoney), Anishinaabe (Saulteaux) and Niitsitapi (Blackfoot).

Weir Bowen acknowledges the many First Nations, Métis and Inuit who have lived in and cared for these lands for generations. We are grateful for the traditional Knowledge Keepers and Elders who are still with us today and those who have gone before us. We make this acknowledgement as an act of reconciliation and gratitude to those whose territory we reside on or are visiting.