Malingering In Personal Injury Cases

What is Malingering? How Can You and Your Lawyer Fight an Accusation of Malingering?

According to the American National Library of Medicine, malingering is something that occurs when someone actively tries to fake or exaggerate an illness. It could be something that is happening physically to their body, or something affecting their mind, like PTSD (post traumatic stress disorder). This is different from Munchhausen’s Syndrome (a.k.a. Factitious disorder imposed on self) in that the person isn’t trying to go to the doctor for their attention, but instead, is trying to get some sort of benefit out of lying to the doctor about how hurt they are. This could be anything, like trying to get a leave from school so they don’t have to write their exams, or obtaining paid leave from work or trying to get other financial compensation, like in a lawsuit. Continue Reading


This is a common question that we are often asked when we first meet with someone who was recently injured in a car accident. While it is a reasonably straightforward question, it is difficult to answer. There is no one-size-fits-all approach, and the length of time before obtaining a settlement can depend on several factors, not all of which are known right away. Continue Reading

Interest Rates on Damages for Pain and Suffering in Motor Vehicle Accidents in Alberta

On December 9, 2020, our provincial government lowered the interest rates on damages that plaintiffs receive in motor vehicle accidents.   Our Court of King’s Bench in Jackson v Cooper had to decide whether the change in interest rates was retroactive or not.  In other words, the Court had to determine  whether the lowered interest rates applied to motor vehicle accidents that occurred even before December 9, 2020. Continue Reading