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Personal Injury


Tuesday, October 10, 2017 @ 3:35 PM

Missed opportunities when derivative claims for sexual abuse aren't considered

Both physical and psychological injuries affect survivors of sexual abuse and sexual assault directly. But in many cases, those close to the survivor are also harmed. Personal injury lawyers must ensure that valid derivative claims of family members are not neglected. ... [read more]

Tuesday, October 03, 2017 @ 9:53 AM

The legal challenges of chronic pain | Bernard Gluckstein and Jan Marin

Sufferers, many of whom turn to opioids for relief after an accident, face hurdles persuading the courts, including juries, that their invisible injuries are real and thus worthy of compensation. Personal injury lawyers need to anticipate these obstacles and take a proactive approach in such cases. ... [read more]

Tuesday, September 26, 2017 @ 10:46 AM

Small-business owner's role is crucial when assessing income loss due to injury

Some owners are more involved than others, and have a greater influence on an enterprise's operations and the bottom line. It's important for lawyers to identify and quantify the financial impact on a business whose owner is in an accident and absent from work. ... [read more]

Thursday, September 21, 2017 @ 12:32 PM

Ontario court decision on insurance limitation periods is one to watch

The province's highest court recently ruled that insurers are not obligated to advise insureds about the applicable limitation period when denying benefits. But it suggested that the legislature may want to consider imposing such a requirement, which is the case in Alberta and B.C. ... [read more]

Wednesday, September 20, 2017 @ 3:23 PM

Ontario Court of Appeal rules on U.S. state being an 'inadequately insured motorist' Richard Campbell sm

The Ontario Court of Appeal has partially upheld a lower court’s decision in a case involving a traffic accident determining that the state of Minnesota is an “inadequately insured motorist.” However, it also ruled that the motion judge erred in deciding that U.S. fees can be claimed against an insurance company as special damages. ... [read more]

Tuesday, September 19, 2017 @ 3:07 PM

CRIMINAL INJURY COMPENSATION - Appeals and judicial review - Entitlement

Appeal by Johnson from a decision of the Alberta Criminal Injuries Review Board (Board) denying him benefits for injuries he suffered as a result of a crime. ... [read more]

Tuesday, September 19, 2017 @ 2:37 PM

Concussion study raises questions about return to play protocol | Layth Gafoor

But Canadian Guideline on Concussion in Sport, released by the Public Health Agency of Canada, takes a less dim view of an athlete's recovery and is expected to remain influential. ... [read more]

Thursday, September 14, 2017 @ 9:36 AM

Scales of justice are tipped against high personal injury jury awards | Patrick Brown

Appellate courts have shown no reluctance to overturn generous damages, while leaving small awards intact. With the cost of appealing out of reach for most plaintiffs, the system provides a win-win for the insurance industry. ... [read more]

Monday, September 11, 2017 @ 9:50 AM

Healing old wounds: Effective mediation of personal injury claims

There are ways to maximize settlement opportunities in the mediation of claims — including slips and falls, motor-vehicle accidents and intentional torts such as battery — that will make a real difference in the outcome. ... [read more]

Friday, September 08, 2017 @ 9:28 AM

Factoring in plaintiff’s age and occupation to the earnings curve

Jane is a 59-year-old real estate lawyer who was injured in a car accident. She will be unable to continue working. Jane is claiming she has suffered a loss of income due to her injuries, and she has estimated her losses based on her earnings immediately before the accident, projected out until her planned retirement age of 67. Is this the correct approach? ... [read more]