Personal Injury Claims and Damages

Home/Personal Injury Claims and Damages

Future Cost Of Care For Severely Injured Car Accident Victims

Basic Principles The basic principles in assessing future care costs in personal injury insurance claims were enunciated by the Supreme Court of Canada in Andrews v. Grand & Toy Alberta Ltd., [1978] Carswell Alta 214 SCC, at paragraph 25 where Justice Dickson states: “In theory a claim for the cost of future care is a [...]

For Lawyers – Case Comment on the Alberta Court of Appeal decision in McLaren v. McLaren Estate

Case Comment on the Alberta Court of Appeal decision in McLaren v. McLaren Estate, 2011 ABCA 299 By Cheryl Yingst Bartel and Brent L. Handel, Q.C. We took this case to the Alberta Court of Appeal and one issue at appeal was the consideration, if any, to give to government funded care costs when considering [...]

Injured Victim Loses Case and Owes $250,000.00 in Costs

An injury victim pursuing a personal injury claim in Alberta and elsewhere in other provinces such as Ontario must be careful about having a legitimate claim. Costs can be awarded against the personal injury claimant and the personal injury lawyer potentially if the claim is dismissed by a court. The personal injury victim could be [...]

Structured Settlements in Large Personal Injury Awards

Victims who suffer catastrophic brain injuries or other serious injuries which impair their lifetime income earning capacity will receive a very large lump sum settlement. There is a mechanism called a structured settlement to invest a portion of the lump sum which will be considered tax free by Revenue Canada as it is an award [...]