As personal injury lawyers, we see a number of people who suffer from chronic pain, chronic pain syndromes, and fibromyalgia. These conditions often have a significant impact on injured peoples’ quality of life. Yet, they remain some of the most misunderstood and difficult-to-prove injuries before the courts and around the negotiation table. This blog post aims to provide a quick overview of the conditions. A future blog post will review some of the difficulties that lawyers and injured people face in personal injury cases when trying to prove that they are suffering from these conditions.
If you have been involved in a motor vehicle collision, your doctor or dentist may have mentioned TMJ to you. You may have been referred to a TMJ specialist or be undergoing treatment for a TMJ injury. This blog post will explore the different types of TMJ injuries and how they relate to the minor injury “cap”, particularly in light of recent changes to the MIR.
The duty to mitigate is an important legal concept in personal injury law, particularly with respect to quantum of damages considerations. But what is the duty to mitigate and what happens when an injured person fails to mitigate their losses?
This blog post explores how failing to wear a seatbelt may result in a finding of contributory negligence and how it can impact a personal injury claim.
What is the cap and where does it come from?
The Minor Injury Regulation, introduced in 2004 by the Alberta Government, limits compensation for less severe injuries on non-pecuniary general damages (pain and suffering). The regulation places a “cap” on how much an injured person with minor injuries can potentially recover in general damages.
Damages, damages, damages. The word keeps getting thrown around by your insurance company, your lawyer, and others… but what does it mean? What are the common types of damages in personal injury claims?