Chronic Pain, Chronic Pain Syndrome, and Fibromyalgia

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. Continue Reading

The Duty to Mitigate

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? Continue Reading

The “Cap” on Minor Injuries

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. Continue Reading