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Disability Claims Lawyer in Edmonton

Mon, 23 Mar 2026 12:02:38 GMT

Disability Claims Lawyer in Edmonton: What to Do if Your LTD Benefits Are Denied and How to Challenge an Insurer

A disability denial letter can land like a door slamming. You have already done the hard part: admitting you cannot work the way you used to, seeing doctors, filling in forms, and trying to keep life together while your health is not cooperating. Then the insurer says no, or worse, they approve the claim and later cut you off when you are still not well enough to return.

If you are looking for a disability claims lawyer in Edmonton, you are probably not doing it out of curiosity. You are trying to protect your income, your stability, and your future.

This guide explains what a denial really means, what to do next, why insurers reject or terminate claims, and how the process can be challenged. It also explains how Robinson LLP helps people in Edmonton and across Alberta when long-term disability benefits are denied or stopped.

The moment your disability claim is denied: what it means and what to do next

A denial feels final, but in many cases, it is the start of a dispute process, not the end. What you do in the next few days can affect your options later.

Why denial letters feel final but often are not

Insurers use firm language. They may say you do not meet the policy definition of disability, or that there is not enough objective evidence, or that you can do some form of work. The letter is designed to close the file, but that does not mean the decision is correct.

Many denials are based on missing information, a narrow interpretation of medical records, or a mismatch between what your condition looks like on paper and what it does to you in real life. A claim can be challenged, but the challenge needs structure.

The first mistake to avoid is especially rushed appeals and incomplete evidence

When people are stressed, they often do one of two things.

They rush an appeal with whatever documents they have on hand, hoping it will be enough.

Or they do nothing because they feel overwhelmed, then time passes, and the file becomes harder to fix.

A rushed appeal can backfire because it can lock in a weak record. If the insurer reviews your appeal and sees the same thin evidence that led to the denial, they may simply repeat the decision. It is often better to slow down just enough to build the evidence properly, while still acting promptly.

Why acting quickly matters, even if you are overwhelmed

Even if you do not know what your next step will be, act quickly in the sense of gathering information and getting advice. Disability disputes are paperwork-heavy and policy-driven. The earlier you understand why the insurer denied the claim, the sooner you can choose the right strategy.

If you are in Edmonton, speaking to a disability claims lawyer early can reduce mistakes and take pressure off you while you focus on your health.

What disability insurance is and why claims get denied

Disability insurance is meant to replace income when a medical condition prevents you from working, but policies can be strict, and insurers often look for reasons to limit exposure.

Short-term versus long-term disability in plain English

Short-term disability usually covers a shorter period and is often tied to your employer’s benefit plan. Long-term disability is the longer support model that kicks in after a waiting period, but the definition of disability and the proof required often becomes more complex over time.

Most disputes happen at the long-term stage, especially when the insurer shifts its interpretation of whether you can work.

Common denial reasons: not enough evidence, policy definitions, missed paperwork

The most common denial reasons are not always about whether you are genuinely unwell. They are about whether the insurer thinks your records prove the claim under the policy wording.

Common issues include:

The insurer says there is not enough medical evidence.
The insurer says your diagnosis does not meet the policy definition.
The insurer says your condition is not supported by objective findings.
The insurer says your doctor’s notes do not describe functional limitations clearly.
The insurer says you missed a deadline or did not provide requested documents.

Some of these issues can be addressed with better documentation and clearer evidence. Others require stronger legal arguments about how the policy should be applied.

Termination after approval: why benefits can stop later

Many people assume approval means the insurer accepts the disability permanently. In reality, insurers regularly reassess claims.

Benefits may be terminated because the insurer believes your condition has improved, because it says you can do another type of work, or because it claims you have not provided updated proof. Sometimes termination happens after a surveillance report or a paper review by a doctor who has never examined you.

This is one of the most frustrating parts of disability disputes. You can still be suffering, but the insurer decides you should be able to work.

The most common insurer tactics in LTD disputes

It helps to understand how insurers build their case. This is not about being paranoid. It is about avoiding traps that are common and predictable.

Shifting definitions of disability over time

Many policies change the definition of disability after a certain period. Early on, the question may be whether you can do your own job. Later, the insurer may ask whether you can do any occupation that fits your education, training, or experience.

That shift is where many benefits are cut off. The insurer may argue that even if you cannot do your previous work, you can do a different job, often based on a theoretical description rather than a realistic evaluation of your limitations.

Surveillance, social media, and misinterpretation risk

Insurers sometimes use surveillance or social media reviews to look for evidence that contradicts your claim. A short clip of you carrying groceries can be framed as proof you can work, even if you were in pain for days afterwards.

The safest approach is to keep your life consistent with your reported limitations and be mindful about what you share publicly. You do not need to hide, but you do need to understand that insurers can misinterpret normal moments as “evidence”.

Insurer medical exams and paper reviews

Insurers may request an examination by a doctor they choose, or they may rely on a paper review of your file.

These assessments can feel unfair because the doctor may not understand your day-to-day limitations or may focus on a narrow set of findings. It is important to attend required assessments, but it is also important to document your symptoms properly with your treating providers and ensure your file reflects functional limitations, not just diagnostic labels.

Pressure to return to work and reduced benefits

Another common tactic is pressure to return to work, sometimes through rehabilitation programmes, part-time return proposals, or a push towards alternative employment.

Sometimes a gradual return is genuinely appropriate. Sometimes it is premature and harmful. The key is to ensure any work plan is based on medical guidance and realistic capacity, not insurer pressure.

Evidence that can strengthen a disability claim appeal

Insurance disputes are evidence disputes. Your job is not only to say you are unwell. It is to show how your condition prevents you from working as defined by the policy.

Medical records and specialist support: what matters most

Medical records matter, but not all records carry the same weight in an insurer dispute. What tends to matter is:

Consistency across providers.
Clear diagnosis and treatment history.
Specialist input where appropriate.
Documentation of symptoms over time, not a single appointment snapshot.
Clear notes about your capacity and restrictions.

If your file is light or inconsistent, insurers often use that to justify denial.

Functional limits: describing what you cannot do day to day

Insurers do not pay benefits because you have a diagnosis. They pay because the diagnosis creates functional limitations.

Functional limitations are the practical consequences. For example:

How long can you sit, stand, or walk?
Whether you can concentrate for sustained periods.
Whether pain flares unpredictably.
Whether medication affects alertness.
Whether fatigue limits consistent attendance.
Whether anxiety or depression affects cognition, decision making, and social functioning.

A strong claim connects these limits to your work demands.

Work demands and job duties: linking limitations to real tasks

Your job is not a vague title. It is a set of tasks, demands, and pressures. Insurers often simplify job duties to make work look easier than it was.

A strong evidence package includes a clear description of what your work actually involved, including physical demands, cognitive load, decision making, deadlines, travel, shift work, and any safety-critical responsibilities.

The more accurately work demands are described, the harder it becomes for an insurer to claim you can simply do the job anyway.

Chronic pain and psychological injury claims: how evidence is framed carefully

Some conditions are easier to prove because they have obvious imaging or lab findings. Others, such as chronic pain or psychological injuries, can be harder because insurers often demand “objective” proof that does not always exist in the way they want.

That does not mean these conditions are not disabling. It means evidence needs to be framed properly. This often includes:

Consistent treatment history.
Functional assessments were appropriate.
Clear provider notes on limitations.
Documentation of how symptoms affect routine, sleep, and capacity.
Clear explanations of attempted treatments and why the function remains limited.

Robinson LLP’s disability law focus includes denied claims involving chronic pain and psychological injuries, which are commonly disputed by insurers.

Keeping a clean paper trail without becoming your own case manager

One of the hardest parts of an LTD dispute is that you are expected to manage a complex file while you are not well.

The goal is to keep a clean paper trail without burning yourself out. Save letters, keep a timeline of key events, track requests and responses, and do not rely on memory for details later.

This is also where legal support can make a big difference. A lawyer can take over communication and structure the evidence, so you are not fighting alone.

Appeal, negotiation, or lawsuit: understanding your options

There is rarely a single right path. The best approach depends on the policy, the denial reason, the evidence, and your circumstances.

Internal appeals and what insurers expect to see

An internal appeal is usually the first option people consider. The insurer expects new or clearer evidence that addresses the stated reasons for denial.

A strong appeal is not a general complaint. It is targeted. It responds directly to the denial letter and fills the gaps the insurer claims exist.

When an appeal is not the best first step

Sometimes an appeal is not the best first move. For example, if the insurer is clearly taking an unreasonable position, or if the appeal process is designed to stall, you may need a different strategy.

The key is not to follow a generic “always appeal” rule. The key is to choose the step that strengthens your position.

When litigation may be considered and what that process can look like

In some cases, legal action may be considered to enforce the policy and challenge the denial or termination. Litigation is not something most people want, but it can be the lever that forces serious negotiation.

A lawyer can explain what the process looks like, what evidence is needed, and what outcomes may be available depending on the facts and the policy wording.

Settlement discussions and what a practical resolution can involve

Many disputes are resolved through negotiation. A resolution can include reinstatement of benefits, a settlement payment, or a structured outcome, depending on the claim.

A practical resolution protects your financial stability and reflects the reality of your capacity, without dragging the dispute on endlessly.

How a disability claims lawyer helps in Edmonton

A good disability claims lawyer does not only “fight”. They organise. They clarify. They reduce risk. They take pressure off you while building a case that the insurer cannot easily dismiss.

Reviewing the policy, denial letter, and insurer file

The starting point is understanding the policy wording and the stated reasons for denial. Small phrases in the policy can change what must be proven.

A lawyer reviews these documents and identifies the best pathway based on your specific situation.

Building the evidence package and presenting the case properly

This is often the most valuable part. A lawyer helps structure evidence so it answers the insurer’s points directly.

Instead of scattered records, you present a coherent case: diagnosis, treatment, limitations, work demands, and why the policy definition is met.

Managing communication so you stop fighting alone

Insurer communication can feel relentless. Requests, deadlines, questions, and pressure.

A lawyer can manage communication, protect you from harmful statements, and ensure responses are consistent and complete.

Protecting you from common traps during the process

Common traps include:

Saying the wrong thing in a recorded call.
Posting something online that is misinterpreted.
Agreeing to a return to work plan that is not medically supported.
Missing a documentation request.

A lawyer helps reduce these risks by guiding your actions and handling the most sensitive parts of the dispute.

What to expect when you contact Robinson LLP

People often hesitate because they do not know what will happen in the first conversation. It should feel straightforward and calm.

Free consultation and what to prepare

A free consultation typically starts with your story and your documents.

If you can, gather:

The denial or termination letter.
Your policy or benefit booklet if you have it.
Key medical records or summaries you already have.
A timeline of major events, such as claim start, approvals, cut-offs, and insurer requests.
A brief description of your job duties and why you cannot perform them.

Do not panic if you do not have everything. The first step is clarity, not perfection.

Contingency fee structure in plain language

Robinson LLP emphasises that clients do not pay upfront and that legal fees are tied to results in the way contingency fee arrangements are structured. This can reduce the barrier for people who are already under financial pressure due to lost income.

Next steps after the initial review

After the review, the next step depends on your situation. That might include evidence gathering, appeal planning, insurer communication, or other action based on the policy and denial reason.

The important part is that you leave the first conversation with a plan.

Why choose Robinson LLP for disability claims in Edmonton

A disability dispute is personal. It is also technical. You need a firm that understands both sides of that reality.

Local Alberta focus and client-first approach

Robinson LLP is based in Edmonton and serves clients across Alberta. That local focus matters because it aligns with the realities of Alberta workplaces, insurers, and the way people seek support in the province.

Experience handling denied benefits and insurer disputes

Their disability law service is designed specifically for people whose benefits have been denied, delayed, reduced, or terminated. The messaging focuses on challenging insurer decisions and pursuing fair outcomes.

Clear communication and realistic expectations

A good law firm does not promise guaranteed outcomes. It explains options clearly and sets realistic expectations about process, evidence, and timelines. That kind of clarity reduces stress and helps you make good decisions.

Easy next step to start the process

When your benefits are denied, you do not need a complicated process to ask for help. You need a straightforward way to speak to someone who can review the situation and guide you.

Robinson LLP offers a clear route through its disability law and contact pages to start that conversation.

FAQ

What should I do first if my LTD benefits are denied

Read the denial letter carefully, save it, and start gathering the documents the insurer referenced. Then speak to a disability claims lawyer early so you do not rush into a weak appeal or miss key steps.

Can I appeal a denied disability claim?

Often yes, but the appeal should be targeted and evidence-led. The best approach depends on your policy, the denial reason, and the strength of your current medical documentation.

Can my LTD benefits be terminated after approval?

Yes. Insurers can reassess claims and terminate benefits if they believe you no longer meet the policy definition, even if your condition has not improved in a meaningful way.

Do chronic pain or mental health conditions qualify for disability benefits?

They can. The key is whether the condition creates functional limitations that prevent you from working under the policy definition. Evidence needs to be clear and consistent, and it should focus on limitations, not only diagnosis.

How much does a disability claims lawyer cost

Many disability claims lawyers work on a contingency fee basis, meaning you do not pay legal fees upfront, and fees are tied to recovery or outcome, depending on the agreement. Ask about the fee structure in your consultation, so it is clear.

How long does a disability claim dispute take

It depends on the policy, the insurer, the evidence, and the strategy. Some disputes resolve faster through targeted negotiation. Others take longer, particularly if litigation becomes necessary. The important thing is to start early and build the record properly.

Get help before your denial becomes your new normal

When LTD benefits are denied or cut off, it can feel like your life is being judged by someone who has never lived a day in your body. The denial letter can make you doubt yourself, but it is often based on incomplete information or a narrow interpretation of your situation.

You do not have to accept that as the final word.

If you are in Edmonton or elsewhere in Alberta and your disability claim has been denied, delayed, reduced, or terminated, the next step is to get clear advice quickly. Robinson LLP can review your denial, your policy terms, and your evidence, then help you choose the right path to challenge the insurer.

A denial should not become your new normal. A plan should.

The Art of Driving Courteously (Advice From A Personal Injury Lawyer)

Sat, 31 May 2025 09:41:03 GMT

We used to live in a courteous world, a more formal world. One where people were called “Mister” or “Miss” and where the door was always held open by the person entering immediately in front of you. That courtesy may have also been evident on the roadway. Now? Not so much.

Being a safe and responsible driver takes a combination of knowledge, skill, and attitude. It stretches beyond simply knowing and obeying the laws of the roads. Honestly, it takes a little courtesy .

Is photo radar helping?

The police would have us all believe that travelling a few kilometres over the speed limit leads to dreadful accidents. “Speed Kills” campaigns and all of that.

While excessive speed can be very dangerous, almost 25 years in the business of dealing with loss caused by motor vehicle accidents gives us a unique perspective in looking at the cause of collisions.

There are certain areas of our good city where all of us would agree: the speed limits are ridiculous. Typically, photo radar is set up in these locations as the City’s Finest continue with their unrelenting efforts to separate Edmonton drivers from their cash. Is this making our city safer?

Don’t misinterpret these remarks. Excessive speed in any situation is dangerous. When you hear about horrible collisions, you often will hear that “speed was a factor”. Of course, it’s usually also that intoxication, poor driving, lack of judgment, and other reasons are in play. Speed is ALWAYS a factor when there is a traffic accident. If your vehicle strikes something, you were ALWAYS approaching that something at a speed too great for the circumstances, whether it was 10 kph or 100 kph. Reporting that “speed was a factor” really sheds little light on the root cause of the accident.

In many cases, it’s a simple lack of courtesy that is the root cause of accidents. Generally speaking, traffic should flow. Sudden changes in speed often result in accidents. What causes sudden changes in speed? Unavoidably, sometimes there is an accident ahead. If a lane is blocked, congestion will ensue.

Here’s where the suggestion for courteous driving comes in:

1. Move out of the way – quickly

If you are in a non-life threatening car accident, take a few quick photos of the roadway and the damage and then move off the road! Exchange your documents on a safe shoulder. This will be safer for you than standing on the roadway and it will allow traffic flow to continue. I can’t tell you the number of small fender benders I run across where everyone is out standing on the roadway and traffic is backed up for miles.

2. No rubbernecking

If you are attempting to pass the accident scene: pay attention to your driving and not the accident! Keep moving, with safety!

3. Merge in an orderly fashion

To get into a single lane, alternate turns. What is with the people who rev up to close a gap when they sense someone getting ahead?

4. Don’t slam on the brakes when approaching photo radar

Quite frankly, photo and laser radar also causes a lot of tail lights to light up. Remember, you don’t have to slow to under the limit!

5. KEEP RIGHT EXCEPT TO PASS

Although many drivers love to exert a right to drive in whatever lane they choose, that does not help traffic flow. As a result, driver frustration behind may increase because there will be a slowdown for that lane.

6. Don’t block the right lane at a red light

If you are not turning right, consider not sitting in the curb lane at a red light. You are impeding the progress of others.

7. Show your appreciation

Remember, a smile and a wave go a long way. Try it, you may even find it brightens your own “road mood”. Cranky and angry drivers are probably more prone to make driving mistakes than those who are relaxed.

8. Be courteous to others on the road

Driving well is more than just obedience to the rules. You must care about the safety of others on the road. Everyone is responsible for avoiding collisions. Drivers have to cooperate to keep traffic moving safely and freely. Courteous driving means giving other drivers space to change lanes, not cutting them off, and properly signalling turns and lane changes.

9. Practice defensive driving

A courteous driver is a good defensive driver. Courtesy includes ensuring good visibility and space.

10. Pay attention

You should always be aware of traffic in front, behind, and beside you. Keep your eyes constantly moving, scanning the road ahead and to the side, and checking your mirrors regularly. The farther ahead you look, the less likely you will be surprised by something ahead.

11. Be seen

Use appropriate signal lights and headlights. Don’t roll along in the blind spot of the car beside you on the road . Drop back or move forward.

12. Leave plenty of space

Manage the space around your vehicle. Don’t tailgate and get out of the left lane if there are vehicles on your tail.

13. Mind your own business

There are a certain number of “nanny” drivers out there who feel the need to gesture and comment regarding the driving of others. Stop caring if someone passed you, sped up beside you, or went through a yellow light. Be responsible for yourself, be courteous, and hopefully – it will catch on.

Car accident lawyers in Edmonton

Hopefully these tips will result in safer roads for all of us. Unfortunately, we cannot control the actions of others, and even if we exercise the tips listed above, we are still at risk of being involved in a motor vehicle accident. The experienced car accident lawyers at Robinson LLP can help you settle a claim and get the compensation you deserve if you’ve been injured in a motor vehicle accident. Contact us today for a free consultation.

Claims | DID YOU KNOW...

Thu, 14 Nov 2024 16:27:58 GMT

that you may be entitled to a loss of income award even if you don’t miss work?

Did you know that you may be entitled to a loss of income award even if you don’t miss work? Even if you continue to work after an accident, if your injuries interfere with the work you do, make it more difficult, or make you less employable, you may be able to make a claim called a loss of earning capacity. Something as straight forward as a daily headache may actually impact on your future earning capacity. Many types of ongoing pain may impact your competitiveness at your own work and in the job market in general. It has been documented that people in pain do not get as many promotions or monetary raises than their healthy co-workers, even if they aren’t missing work or are not forced to change jobs.

Loss of earning capacity/competitive advantage is a type of damage that is meant to compensate you for a loss of productivity or effectiveness at work because of injuries. It can also compensate you for being less employable. Not every employer is willing to accommodate injuries or is understanding that you aren’t as productive as a result of your injuries. This can make you less employable and a loss of earning capacity is meant to compensate you for this as well.

The court has recognized loss of earning capacity as a legitimate damage in cases like Sutherland v 2014 ABQB 182 and has discussed the dif f erence between future loss of income claims and future loss of earning capacity claims. The second one recogni z es that while no income has been lost, the plaintiff has lost an asset in that they are less employable and less productive. Some of the things the court considers in these types of claims are:

1.Whether the claimant is less capable of earning income in all types of employment

2.Whether the claimant is less marketable or attractive as an employee

3.Whether the claimant has lost the ability to take advantage of work opportunities they might have had

4.Whether the claimant is less valuable as a person capable of earning income

These types of claims can range anywhere from a few thousand dollars to multiple years of income depending on the circumstances.

A future loss of earning capacity claim is not guaranteed. It has to be based on evidence and the plaintiff has to show that they have actually suffered a loss or that they are actually less competitively employable. This is why it is important to hire the right legal team that can help you a nd the experts and information you need to prove these claims.

Carol L. Robinson

Claims | DID YOU KNOW....

Wed, 02 Oct 2024 12:08:42 GMT

It is not the end of the world to bring a claim against a friend's insurance.

Did you know that when a person is insured in Alberta, their insurance has a statutory obligation to defend them, help them with any lawsuits brought against them, hire legal counsel for them if necessary, and ultimately pay out any claims that are brought.

Many people don’t like the idea of bringing lawsuits in general and especially when they are injured in an accident that was caused by a friend or family member. We often here that they don’t want to be “that kind of person” or that they don’t want to sue their family members or friends.

The truth is, however, that insurance exists to help injured people. Your friend has likely been paying premiums for years and likely would not be against that insurance company paying out for your injury. We can’t imagine a world where everyone would wish the insurance company would just keep their money while you suffer. Remember, when you bring a claim, it is made through their insurance.

Alberta has an “at fault” insurance model which means that if someone is at fault for an accident, their insurance must step in and pay the claim. So long as the person who caused the accident has insurance, they do not pay any damages awarded personally and it is the insurance company that is ultimately responsible for paying.

If you do not bring a claim, you will not be able to rightfully recover from insurance benefits and damages that you are legally entitled to collect.

It can be a strange thought to bring a claim against someone you know, but ultimately, insurance exists to help you when you are injured, and to help if you cause a collision. There is no downside to bringing a claim, but a huge downside if you do not.

Car Accident Claims | DID YOU KNOW..

Wed, 11 Sep 2024 12:04:37 GMT

That many people settle their car accident claims without knowing the full extent of the damages they are entitled to collect?

Did you know that many people settle their car accident claims without knowing the full extent of the damages they are entitled to collect? The insurance companies want to pay as little as possible for claims. They contact you very quickly after your accident and sometimes tell you things like “your claim isn’t worth more than $5,000.00”, “Don’t let a lawyer take more than half your compensation with their fees”. They also try to get you to settle as soon as possible so that they can close their claims and pay you as little as possible.

There is something called the minor injury cap in Alberta. This caps general damages claims for “minor” injuries at $6,061.00. Insurance companies like to tell you that is as much money as you can get and you shouldn’t waste your time with legal fees. However, there are many ways to show that an injury is not minor. How long the injury lasts, how much it affects your life, and if it is causing you issues at work can all increase the amount of your claim and make it fall outside the minor injury cap. It is also important to note that this cap only applies to general damages for pain and suffering. You may only have a minor injury, but that does not mean you cannot claim for lost wages, out of pocket expenses or other damages.

There are many types of damages that you may not know about including loss of housekeeping, past and future lost wages, future costs of care, in trust claims and out of pocket expenses. All of these can add up and make your claim worth much more than you initially thought. The insurance company isn’t likely to tell you about these types of damages. Proving them is difficult and usually requires experts and more evidence

than just general damages.

The fact is that each claim is different, and the only way to know how much your claim is worth is to talk to an experienced lawyer who can make sure you get the compensation you deserve. Remember, once a claim has been settled, you can never go back to collect more money. It’s important it’s done right the first time!

Accident Reconstruction | DID YOU KNOW…

Thu, 22 Aug 2024 11:08:07 GMT

Accidents are often reconstructed to get a full picture of events

Did you know that there are engineers that specialize in reconstructing accidents? These engineers attend the scene of an accident, take measurements and pictures, analyze the vehicles for any information stored in the vehicle and make a detailed reconstruction of the accident, the speeds involved, seat belts and the forces involved that caused the accident to happen the way that it did.

There are also subsets of specialists that can analyze perception times for drivers, and even look at the way a person moved inside the vehicle to show how they sustained the injuries that they did.

Newer vehicles are often equipped with special equipment or “black boxes” that can show these engineers whether seat belts were being used, whether air bags deployed, the speed the vehicles were going, when and if brakes were used and many other pieces of important information.

Engineers and other specialists can use this “black box” information along with the measurements and pictures that they took to make detailed recreations of the movement of each vehicle in an accident. They can determine where each vehicle started, where they ended up and how fast they were each moving.

All of this information is extremely important, especially in catastrophic accidents where the injured party may not have any memory of what happened or what caused the accident.

It is also extremely important to get this information as soon as possible. We do this quickly in part to stave off any liability arguments that the other insurance may want to make against you, but also to make sure that the physical evidence is preserved for litigation. Often times, a vehicle is crushed or junked soon after an accident, destroying important evidence the engineers need to make their reconstructions. Most importantly, if we can get engineers to the scene of a crash prior to skid marks, tire impressions (in soft shoulders) and crash debris is destroyed or missing, we can get the best possible evidence for your case.

It is very important to get your own expert reports as police reconstructions can often be wrong (or not done at all) and the other insurance company can also generate their own reports that may not be accurate or in your favour. If you don’t have your own analysis, you will be stuck accepting what the police or other insurance says. Remember, the other side’s insurance is, by definition, adverse in interest to you!

Robinson LLP and their experienced lawyers routinely work with excellent engineering firms and know when these reports are necessary to help make sure you get an accurate reconstruction of the accident. It is always our priority to put you in the best possible position to recover damages for your injuries.

Carol L. Robinson

Collision Report | Fault is not always determined according to a collision report.

Thu, 01 Aug 2024 08:42:26 GMT

Did you know that police and collision reports can be wrong in relation to who is at fault for an accident? Sometimes police reports state that you were at fault for an accident That does not mean that you cannot make a personal injury claim!

Imagine that you are turning left at a light, you have the space to do so, and all of a sudden you are hit by a straight through vehicle that is going 3 times the speed limit? The police or collision report, or even your own property damage insurance may automatically find you at fault just because you were turning left and the left turning driver is usually at fault. However, in a situation like this, the straight through driver is legally at fault for at least a portion of the damages.

Police reports can also be wrong. In Loree v James, 2003 ABQB 685, the Police found that the Plaintiff had caused the collision by crossing the center line. At trial, we were able to use experts to show that in fact, it was the other car that had crossed the center line and caused the collision.

Another situation we see often is that sometimes the other driver make statements that are not completely accurate. There are many times when you might feel that you did nothing wrong, but the other driver asserts they did nothing wrong. This can result in your property damage claims adjuster making a finding of fault against you. However, that does not always preclude you from bringing a claim for your injuries.

We have seen an increase in situations where 2 drivers give 2 very different accounts of the same accident since the collision reporting center was created. It is easy for drivers to go and make a report at this center without having it independently verified.

In situations of left-hand turns, or “he said-she said” situations, or any other time you feel like you are not at fault, there are many ways to prove that another driver was at fault, even if the collision report or your own insurance is saying you were at fault. Engineering reports, witness statements, and Questioning the other driver are all ways that a skilled personal injury lawyer can help you prove fault even if the collision report is not on your side.

It is also important to note that even if you are partially at fault, you can still recover the portion of damages that you did not cause. For example, if you turned left, but the other driver was speeding and there is a determination that you are 50% at fault, you can still claim 50% of your damages from the at fault party.

Not every lawyer wants to take on cases with disputed liability because they are more difficult and take more time and effort. However, at Robinson LLP, we are always willing to go to bat for you in cases with disputed liability to make sure that you recover what you deserve. If you feel that the police report or your own insurance got it wrong, give us a call and we can help advise you on your rights.

Immediate Insurance & treatment is available after you’ve been in an accident.

Wed, 10 Jul 2024 08:49:32 GMT

Did you know that there is insurance in Alberta that will cover treatment for any injuries you’ve had in an accident? IMMEDIATELY... without waiting for a settlement from the at fault party. This insurance is called accident injury benefits or “Section B” benefits and they are available to every Albertan injured in a car accident through your own insurance company, whether you are at fault or not. Section B Benefits will cover certain treatments such as physiotherapy, chiropractic, massage, dental treatments and most other medical expenses that are necessary as a result of your injuries. They will also cover disability if you are unable to work and even a weekly stipend if you are not employed outside of the home but are unable to do any of your usual housekeeping and childcare activities.

Section B Benefits are available for up to 2 years after your accident and will cover an initial 21 treatments for most injuries outright. After these 21 treatments, you will have to use your own extended benefits. When those run out, your Section B's will kick back in and pay for treatment not covered by your benefits. Physiotherapy will be covered for the full two years but there are limits on other treatment such as chiropractic ($1,000.00), massage ($350.00) and acupuncture ($350.00).

These benefits are usually easy to access as they are through your own insurance company. Most physiotherapists and other treatment providers can help you fill out the appropriate forms so that you can get access quickly after your accident.

However, insurance companies are not always clear as to what they must cover and when, and often try to cut you off from these benefits too early. They have also started offering “pay outs” for Section B Benefits — offering a lump time sum if you don’t continue to claim for the full 2 years. This is why it is very important to talk to a lawyer and get a full understanding of what the Section B insurance has to cover and how long they have to pay.

It is important to understand and use these benefits as they will be a big part of your journey to achieve your best possible recovery. At Robinson LLP , we are happy to help with your Section B Benefits to ensure that you are being treated fairly by your own insurance company as well as the at-fault rivers.

Avoid These Common Summer Personal Injuries

Thu, 30 Nov 2023 17:49:46 GMT

Summer is finally here, offering a much-needed break from the cold and snowy weather that Canadians endure most of the year. We’re all eager to soak up the sun and fill our time with adventures, but many of the activities that are common in the summer months have the potential to put you at a higher risk of personal injury.

To help you enjoy your summer safely and create unforgettable memories, we’re highlighting some of the most common personal injuries caused by summer accidents. With our tips on how to prioritize safety and what to do if you are involved in an accident, you’ll have your best summer yet!

Motor Vehicle Accidents

If you’re like us, some of your core memories of summer involve packing up the car and hitting the road, heading out to the lake, or camping. While vehicle collisions can happen any time of the year, in the summer particularly, we see an increase in volume on highways as people head out of town. To proactively stay safe on your road trips, be aware of:

Distracted driving

Travelling with friends and family can be fun, but it also increases the number of distractions for the driver. From cell phones to sightseeing to eating, there are many risk factors. Especially on long trips, it’s important to take extra precautions to stay safe. Incorporate more rest stops into your journey, use hands-free devices, and take turns driving.

Driving in unfamiliar areas

Maybe your summer adventures mean you’re exploring new territory, or maybe you’re heading back to your favourite spot, but it’s been a whole year since you’ve last been there. Be cautious when driving in unfamiliar places and pay close attention to signage. Research where you are going in advance, and make sure you have access to a GPS handy if you need it!

Motorcycle/biking collisions

Motorcycles and bicycles are popular choices for summer transportation, and it’s important for motorists to drive safely around them. Unfortunately, though, no matter who has the right of way, the 2 wheeled vehicle loses! Remember that not all vehicle drivers are careful enough to see your bike. It goes without saying that proper safety gear is a must but you also need to be hyper-aware of traffic on the roads.

Water Accidents

There’s no better way to beat the summer heat than by spending the day on or in the water! But it’s important to stay safe and be aware of your surroundings. With boats, tubers, jet skis, and swimmers all sharing the same space, it can be dangerous if safety precautions aren’t maintained. Accidents on the water can happen in a million different ways, but there are many risks that come with boating that can bring the joy of a vacation to an abrupt halt:

Prevent boating accidents.

Since you can acquire a boating license online, many individuals operating watercraft lack the experience and know-how. Boating activities often take place in unsafe surroundings, and alcohol frequently contributes to poor decision-making. When on the lake, just assume the approaching boat driver is inexperienced, intoxicated, or both.
Everyone aboard should wear a PFD (personal flotation device). And if you are in a small craft on cold water, wear a wetsuit!
Alcohol, the sun, and the rocking motion of a boat all compete to create poor judgment and fatigue. Together, the combination can be deadly. Al boat passengers should wear a life jacket.

What to do after a boating accident.

Every boating or water sports accident is unique, with its own set of circumstances. If you or a loved one has been injured or has tragically lost their life in such an incident, there may be compensation available.

Liability Waivers: Was a liability waiver signed? If yes, personal injury lawyers will want to see a copy. More often than not, legal action is still a possibility.
Responsibility: Generally speaking, the captain of the boat is in charge of ensuring every passenger has a PFD and uses it. The captain should NOT be drinking alcohol. Just like in a car, the captain is responsible for collisions as well as ensuring guests don’t fall overboard.
Insurance: Fortunately, the policies of many insurance companies cover events that occur on the water. In a lot of cases, the people involved in or at fault in water accidents are family or friends. This creates a hesitation to take legal action.

But don’t forget: we pay premiums to protect ourselves in case we cause an accident, as do our family and friends. It’s important to ensure someone who is injured can collect appropriate compensation. THIS IS WHY WE ALL BUY INSURANCE!

Hosting Incidents

Yards, pools, lakeside cabins- summer is a time for getting together with good friends over a few drinks. What happens if those friends injure themselves or others as a result of their impaired state? Is the host responsible in law?

Because every circumstance is different, the Supreme Court of Canada has left the door open for social host cases. But as a social host, it’s important to know that you should always carry good liability insurance for your household.
As personal injury lawyers in Edmonton, our focus is on the individual who is injured. If you have been injured in an accident while not on your own property, even if you were at least partially the author of your own misfortune, you MAY have recourse against the property owner. The property owner likely has an insurance policy to provide the compensation you deserve for your pain and suffering.
We recommend you reach out to a personal injury lawyer immediately and let us explore whether you are entitled to damages for your losses.

With a full summer schedule, it’s important to be prepared for any situation in order to avoid injuries as best as you can. In the unfortunate case that an accident does occur, know what compensation is available. If you have suffered an injury or loss in a summer accident, contact the best personal injury lawyers at Robinson LLP. Contact us for a free consultation and we will help sort out the facts to determine if you have a viable personal injury case.

Acknowledging Brain Injury Awareness Month

Wed, 29 Nov 2023 17:47:36 GMT

Brain Injury Awareness Month in Canada is an initiative observed annually throughout the month of June aimed at raising public awareness about brain injuries. According to Brain Injury Canada , there are 165,000 serious traumatic brain injuries per year, meaning 452 Canadians suffer a moderate-to-severe traumatic brain injury every day. This campaign seeks to promote the life-changing impacts of an acquired brain injury and educate on the importance of prevention, treatment, and support.

To acknowledge this significant month, we’re here to share some information about traumatic brain injuries and how we can help support injured parties and their families on the path to rehabilitation, recovery, and potential brain injury compensation.

What is a traumatic brain injury?

Traumatic acquired brain injuries occur when a sudden external force or impact causes damage to the brain. One of the leading causes of TBIs is motor vehicle accidents. Car, motorcycle, bicycle, and pedestrian accidents can all result in TBIs due to the forceful impact during a collision that causes the brain to collide with the skull.

Other common causes of these acquired injuries are slip-and-fall accidents, assaults and violence, sports and recreational injuries, and medical malpractice instances.

Symptoms

The effects of a traumatic brain injury can vary widely, depending on the location and severity of the injury. Typically, they fall within these four categories:

Cognitive

Cognitive impairments can have long-lasting effects and impact an individual’s ability to think, communicate, and make decisions. This includes challenges with concentration, judgment, self-awareness, and memory.

Behavioural

Behavioural changes that may be a symptom of a TBI involve how someone acts or makes decisions following the injury. This is often demonstrated through risky, impulsive behaviour that may have dangerous outcomes, as well as difficulty adjusting in social settings.

Emotional

How someone processes emotions after a TBI can change, potentially resulting in depression, anxiety, and/or anger. These emotions are often out of character and can appear in unpredictable outbursts.

Physical

The physical effects of a TBI are those that affect mobility, headaches, pain, fatigue, and other sensory processing issues.

Even mild traumatic brain injury cases are extremely important to address right away. Sometimes individuals suffer the effects of a head injury without even knowing it! Although an injury may not be overtly obvious, the victim of a minor head injury may experience emotional changes (being quick to anger or cry), word retrieval issues, poor attention or concentration, memory issues, and many other subtle symptoms. People often aren’t the same after serious (or even minor) head injuries.

Personal injury lawyers and traumatic brain injuries

If you or a family member has suffered a brain injury as the result of a car accident that is not the fault of the brain injury victim, be sure to seek good legal advice. Experienced lawyers, like those here at Robinson LLP, will ask the right questions and help get you an appropriate diagnosis and evaluation. Understanding the process of a brain injury claim goes a long way toward helping both the victim and their family.

Rehabilitation after a brain injury is a long-term and challenging process, and we enlist a team of medical experts and professionals to help assess the situation pre- and post-accident. With access to surgeons, neurologists, neuropsychologists, occupational therapists, psychiatrists, economists, vocational consultants, and so many more, we take the stress of litigation out of the mix so you can solely focus on recovering from your pain and suffering.

Read our blog article, “ How Personal Injury Lawyers Build Your Case Following a Brain Injury ”, for more specifics on what the process of representing brain-injured victims looks like.

Brain injuries can affect anyone at any time and can have a devastating impact on both the injured parties and their families. Awareness and public education go a long way in helping to prevent the life-altering effects of a traumatic brain injury, and we are happy to support Brain Injury Canada and their Brain Injury Awareness Month campaign. Robinson LLP’s brain injury lawyers understand the subtleties of brain injuries. Contact us for a free consultation, and we will help you do the same.

Back-To-School Driver Safety Tips

Wed, 29 Nov 2023 05:19:30 GMT

Back-to-school season is officially here! With school back in session, so are the busier-than-ever roads. Each morning, everyone seems to be leaving for work or school on foot and in their vehicles at the same time.

Bus stops are full, parents are in hurried states, inexperienced drivers are carpooling, and young students are filing across crosswalks in busy school zones. During the back-to-school season, it’s more important than ever for drivers to be present and aware of their surroundings.

As personal injury lawyers, we have seen our fair share of unnecessary tragedies occur on the road. In these instances, we frequently handle lawsuits that pertain to distracted driving. You may think you can handle a quick glance at your phone or a quick response to an email while at the wheel, but this inattention to the road can cause a distracted driving injury. Many times, a catastrophic one at that.

Tips to Minimize Back-To-School Accidents and Other Personal Injuries

School Zones

During drop-off and pick-up, school zones often get congested and can be quite hectic with a combination of vehicles, buses, and pedestrians.

Drivers should always proceed with caution in school zones, following the reduced speed limit and being extra aware of their surroundings. Always follow the directions of patrol officers or school crossing guards to help avoid accidents in school zones.

School Bus Safety

When a school bus comes to a stop in front of you, you should never pass it from behind. Children loading and unloading from the bus pose a great risk for school bus accidents if drivers do not yield to buses in this way.

It is also very important to allow a greater following distance between your vehicle and the bus to allow for sudden stops.

Teenage Drivers

We all remember the excitement of getting your license in high school and being able to pick up your friends and carpool to and from school. For inexperienced drivers, the back-to-school season can create more opportunities for distracted drivers. Cars are full, friends are joking around, loud music is being played, and the list goes on.

As parents, it is important that your teens are briefed on the consequences of distracted driving and are able to recognize the dangers when they present themselves.

Speeding

Getting the family out the door in the morning can leave you feeling in disarray, but it’s important to leave the frenzied feeling behind once you get behind the wheel. With increased traffic on the road, we understand that you may be rushing to get to your final destination.

It’s better to be late than sorry. Try to plan ahead to help you get where you need to go on time. Saving a few minutes is not worth the risk of endangering children and others as they travel to and from school.

Distracted Driving Compensation

Being distracted in any way that causes an accident will usually be considered “negligence” and means that injured parties (including passengers) will be entitled to compensation.

Sometimes, there is a hesitation to file a claim when the injured person or their family knows, or at least empathizes with, the at-fault driver. We would all understand that the fellow mother down the street wouldn’t intentionally cause an accident. None of those considerations should affect whether or not you sue.

Insurance is expensive. We buy it so we are covered in the event of an accident. None of us wants to injure anyone, but if we do, we ought to want the injured party to be compensated if they experience pain and suffering after a car accident.

It would be bad enough for inattention to driving to cause an accident. Imagine being responsible for altering someone’s life. People have insurance to cover you if you are injured, whether you know them or not. We hope these tips will result in safer roads for all of us this back-to-school season. The car accident lawyers here at Robinson LLP have years of experience and can help you if you’ve been injured in a car accident due to distracted driving. Contact our legal team today to learn more or take advantage of our free consultations to help you get the compensation you deserve.

Keep Cyclists Safe – Share the Road!

Tue, 28 Nov 2023 11:48:43 GMT

It’s that time of year again—the sunshine and warmer weather bring out more types of road users, including cyclists and motorcyclists. Unfortunately, that also means we will see an increase in bike accident and motorcycle accident claims as summer approaches.

Vehicle drivers are not always paying careful attention to their surroundings, and after the long winter, they may not be in the habit of looking for two-wheeled objects. Every vehicle on the road has blind spots, and smaller road users can be easily unseen.

No matter how “careful” everyone tries to be, accidents still happen! Unfortunate situations can be avoided by understanding the importance of sharing the road with other drivers and by cyclists and motorcyclists exercising caution instead of necessarily pressing their right of way. For vehicle drivers, being conscious of cyclists and motorcyclists and respecting their space will help make the roads safer for everyone and will help prevent bike accidents.

Common situations where motorcyclists/cyclists right of way is overlooked:

Cyclists are particularly vulnerable on the roads, so it’s essential that other drivers remain especially vigilant and cautious. Cyclists have the same rights and responsibilities as drivers of motor vehicles. What are some of the most common causes of cyclist accidents?

Bike lanes: If you live in Edmonton, these are clearly your nightmare! Bicycles are treated as any other vehicle when they are on the road, but the presence of bike lanes often creates confusion, especially when turning or at intersections.
“Doorings”: When a parked vehicle opens their door into the path of a cyclist, striking them. Be cautious in the ‘door zone,” a one-metre area along the side of a parked car where an opening door can hit and seriously injure riders.
Passing: Far too often, drivers don’t exercise enough caution when passing, changing lanes, or merging alongside cyclists.
Misjudging speed: Smaller vehicles, like motorcycles or bicycles, may look farther away than they actually are. Accidents involving cyclists often happen when vehicles are turning because drivers frequently misjudge the speed of oncoming cyclists or motorcyclists.

Why are cyclists/motorcyclists vulnerable to a higher severity of injuries?

It is important to remember that bikes and motorcycles do not have the same safety systems as cars. In the event of a collision, cyclists and motorcyclists are usually left with more serious injuries than others in vehicles.

Motorcycle crashes can be devastating, with some of the worst injuries being traumatic brain injuries or even death. However, there are other serious and painful injuries that commonly occur too. These include pain and suffering from neck injuries, road rash, damage to arms and legs, and muscle and soft tissue damage. If you are a motorcycle accident victim, it’s important to seek medical attention right away.

What to do if you’ve been in an accident?

If you are ever involved in a motorcycle or bicycle accident, it’s important to remember the same steps you would normally take for any motor vehicle crash. If possible, pull over to a safe location, and be sure to call for police and medical help if needed. Don’t forget to exchange insurance information with all parties involved. Gather as much evidence as you can immediately after the collision.

Pictures of the scene, skid marks on the road, witness statements, and evidence of the damage from the vehicle—this can all go a long way towards proving that you were not liable for the collision. There is often a presumption of negligence that occurs AGAINST the cyclist or motorcyclist. Don’t be daunted by that.

If you have been injured in a motorcycle or bicycle accident, contact the injury lawyers at Robinson LLP for a free consultation immediately. We know what avenues to investigate and how to ensure that your motorcycle accident claim is not compromised by an at fault party, lack of evidence, poor police reconstructions, or bias against motorcyclists.

Tips for motorcyclists/cyclists:

Wear a helmet and all proper safety riding attire, including reflective clothing.
Do not drive distracted or impaired.
Avoid riding in the blind spots of other vehicles.
Stay aware at all times and constantly scan the road for hazards.

Tips for other drivers:

Check your mirrors and blind spots before turning, changing lanes, passing or merging.
Constantly be aware of the presence of motorcyclists and cyclists, especially when approaching intersections.
If you can’t pass a motorcyclist or cyclist safely with a full lane between you and them, slow down as you would for any other vehicle and wait until it’s safe to pass.
When parking on the street, check for riders before exiting your vehicle.
Never underestimate the speed of a bicycle or motorcycle. Their size makes their speed deceptive.

At Robinson LLP, we often see our clients suffer greatly in motorcycle accident cases. When you’re out on your bike, safety should always be a top priority. If the worst, unfortunately, does happen, obtaining proper compensation for a motorcycle injury claim is critical for getting back on your feet.

Speak with one of our experienced motorcycle accident lawyers as soon as possible. Contact us today to schedule your free consultation .

The CAP Legislation

Mon, 27 Nov 2023 18:11:20 GMT

Like many others, you may be told by adjusters that your damages are limited by the CAP. In fact, in many instances that’s simply not true and people are settling for tens of thousands of dollars below the true value of their claims.

The CAP is a limit for general damages on certain types of injuries in certain circumstances. Most people don’t know that even when they suffer the type of injury seemingly described by the CAP legislation, the injury will often fall outside of the CAP, allowing people to recover full value for their injuries. The Cap legislation is specifically aimed at limiting general damages on certain types of injuries and many injuries suffered in an accident are not caught by the CAP. Also, the CAP does not affect recovery for other heads of damages including loss of income, housekeeping costs, costs for various types of treatment and out of pocket expenses. Therefore, despite what you may be told by the adjuster who is working for the insurance company, it is important to contact your lawyer first to discuss the injuries you have suffered and your claim for damages to properly determine if your injuries will be caught by the CAP legislation.

Don’t Make These Personal Injury Claim Mistakes!

Mon, 27 Nov 2023 11:48:44 GMT

After an accident, the steps you take, as well as the ones you don’t, can seriously impact the outcome of your personal injury claim. Unsure of the next step, victims often make the same mistakes, making it more difficult to receive the compensation they deserve for their injuries. Here are eight common mistakes personal injury claimants make.

1. Failing to seek medical advice

It’s essential that you get checked out following an accident to make sure your injuries and their causes are properly identified. You might think you’re okay, but it’s a good idea to see a medical professional anyway. Many internal injuries can go undiagnosed or worsen over time if you don’t see a doctor. Without a medical record, it is difficult to prove the relationship between your symptoms and the actual accident.

2. Failing to follow medical direction

Seeking medical advice is a great first step, but you’re not quite done yet. You must continue to follow up and make sure you fully comply with all your doctor’s instructions. If your doctor has recommended a treatment and you ignore it, the other insurance company will suggest you are failing to mitigate your own losses, and your damage award may be decreased accordingly.

If you disagree with a treatment prescribed (maybe it is not helping or making you worse), see your doctor. Together, you can come up with a new plan that you can follow. Don’t give the other side a reason to believe you were feeling better or weren’t actually hurt in the first place.

3. Failing to gather or retain important evidence

After your accident, if you are physically able, take photographs of the scene. Document anything fleeting and relevant: cracks in the sidewalk, the presence of ice, skid marks, car damage, and your injuries. In many instances, a picture really is worth a thousand words! If there are any witnesses to the accident, get their names and contact information.

Keep everything related to your slip and fall or motor vehicle accident! Here are a few examples to keep track of:

Police report
Health expenses relating to treatment
Text communications
Correspondence and emails relating to time off work
Receipts for assistance with duties you are unable to perform due to injuries

4. Speaking with the insurance company representing the at-fault driver without representation

The job of the other side’s insurance company is to minimize your losses, and they will use any information you provide to do so. They are NOT entitled to a statement or to information from you. They have an adverse interest and nothing you can tell them is going to help your claim. The same applies to giving consent to access your medical or employment information.

5. Misrepresenting injuries

When you see a medical professional, you must be able to accurately detail all of your health problems. If not, you will not be compensated for them. On the other hand, exaggeration can make you look histrionic at best and a liar at worst.

Don’t try to hide or minimize pre-existing health issues. All of your past health records are relevant and producible in your lawsuit. If the insurance company discovers this, it will cast doubt on your truthfulness and could impact your personal injury case.

6. Giving overly definitive evidence

Never say “never” unless you are completely sure of the fact. If you are asked whether you have been able to undertake a specific activity after the accident, the other side most likely has evidence of you doing the activity.

If the answer is “hardly ever” or “I can do it but it hurts”, that’s a lot different than “never”. If you don’t know for sure, don’t guess or estimate anything. Saying “I can’t recall” or “I’m not sure” are perfectly acceptable responses.

7. Ignoring the pitfalls of social media

If you file a personal injury claim, you can expect to be investigated by the insurance company representing the at-fault party. Anything you post online, even on a private account, believe it or not, can be used against you as evidence. Even seemingly innocent information can be taken out of context to make a case against you. Be extremely cautious with what you put on social media if you are pursuing a legal claim!

8. Not hiring personal injury lawyers

You may assume that insurance companies will handle everything if you’ve been in an accident, but we highly recommend that you consider hiring personal injury lawyers (as early as possible) to ensure that you receive proper compensation. You will likely not be fully or appropriately compensated if you have not retained legal services. Reach out and schedule a free consultation at our law firm.

As personal injury lawyers in Edmonton, we are advocates for our clients who have suffered a personal injury and have questions, we’re here to help. Contact RobinsonLLP today!

Editor’s Note: This article was originally published in June 2015 and was updated in March 2023.

You’ve Been in a Car Accident—Now What?

Sun, 26 Nov 2023 12:02:39 GMT

Even if you’re the best driver and follow all the proper safety protocols, accidents happen! When you’re involved in a car accident, it’s normal to feel overwhelmed and unsure of how to proceed. Knowing how to handle the aftermath of a car accident is so important to ensure you are navigating the practical and legal aspects correctly.

Luckily, we’re here to help. Here are the top 7 steps we recommend following if you find yourself involved in a car accident:

Stay safe.

Immediately following a car accident, it is important that your health and safety be made a priority before anything else. Remember that scenes of a collision can be dangerous, so assess the situation before exiting your vehicle.

Vehicles should remain where they are unless they interfere with traffic. If you’re able to do so, carefully move your vehicle to the side of the road (after taking photos- see below) and use hazard lights or cones to alert other drivers

If you are parked on a busy road, do not get out of your vehicle and wander around. Do not compromise your safety and put yourself in danger of being struck by a vehicle on the road!

Contact first responders.

First things first, seek medical help if needed. If you or any other people are injured and require urgent medical care or assistance, call 911 for an ambulance immediately.

Police will either attend the scene or ask you to report the matter at a local station. It is important that the accident is reported, either way.

Many common injuries caused by car accidents may not necessarily require you to call an ambulance to the scene, but it’s still important to get these injuries assessed and reported. Some of these common injuries include whiplash, concussions, back injuries, and soft tissue injuries, among many others. Book a check-up appointment with your physician following a car accident to ensure that your health is not compromised, and you don’t require any follow-up treatment. This can also help protect your insurance claim.

Gather witnesses.

Exchange driver, vehicle, and insurance information with all the drivers who were involved in the accident. Get the names and contact information of as many witnesses as possible, including passengers in vehicles. Even in a seemingly straightforward situation, stories can change, so gathering the information of as many bystanders as possible can be extremely beneficial in the long run.

Take photos right away.

Take photos of any visible damage to the vehicles involved! It is best if these can be taken before any vehicles are moved. Don’t forget to also capture images of the accident scene in general. Things like skid marks or debris on the roadway may be helpful to have a record of. Remember, safety should always be the priority, so complete this step with caution!

Contact insurance.

Notify your insurance company of the accident as soon as possible. You will be required to report all details of the accident, including damages to your vehicle and any other property, as well as your injuries.

Decline communication with the other driver’s insurer.

Do not speak to or provide a statement to the other vehicle’s insurer. You have no obligation to do so as part of your accident claim. The other insurance company has an adverse interest in you and is only acting in the interests of their insured and for their own benefit.

Contact a Car Accident Lawyer.

Navigating the process of car accidents with multiple insurance agencies involved can be extremely confusing and difficult. Personal injury lawyers are available to help guide you through and fight for a fair settlement.

From a serious spinal cord injury to a minor neck injury, Robinson LLP has the experience and expertise to help you after a traffic accident so you can achieve your best recovery. Consult with us as soon as possible so we can provide crucial information at an early stage. We offer free consultations, and the possibility of compensation is always worth it! Reach out to us today.

Visit our car accident page to learn more about the legal side of car accidents (e.g. when to call a lawyer after a car accident, how much a car accident claim can cost, how to deal with insurance companies and more). We’re here to give you all the facts before you proceed.

Editor’s Note: This article was originally published in April 2019 and was updated in February 2023.

Multi-Vehicle Collisions

Sat, 25 Nov 2023 08:28:18 GMT

It’s that time of year again: with icy roads and blowing snow, it seems like every other day we hear about a multi-vehicle pileup on our Canadian highways, freeways, and bridges.

The traffic disruptions alone are a nightmare, but what happens if you are one of the truly unfortunate motorists to get tangled up in one?

Common Questions After a Multi-Vehicle Collision

As a victim of a multiple vehicle collision, you will face many questions:

Who should pay for my vehicle damage and compensate me for my injuries?
What if I’m partly to blame for the crash?
With so many people and vehicles involved, how can anyone figure out what happened?
What if the at-fault driver doesn’t have enough insurance to cover everyone’s losses?
What if this takes years to sort out… do I get nothing while I wait for resolution?

Understanding Your Legal Options After a Multi-Vehicle Collision

Robinson LLP’s experienced car accident lawyers have the knowledge and resources to guide you through these challenging issues towards resolution. We understand how the law works when more than one person shares the blame, and we have access to court-approved engineers who can help us reconstruct the accident if necessary.

Even when liability for a car crash is divided up, navigating through the payout of applicable insurance policies can be confusing. In addition to liability and collision coverages, SEF 44 “Family Protection Endorsements ”, and even umbrella policies may apply. In some cases, we may also need to involve the Motor Vehicle Accident Claims Fund, if one or more of the at-fault drivers doesn’t have insurance.

At Robinson LLP in Edmonton, Alberta, our auto accident lawyers know what the law expects of you, and we will work with you to protect your rights. Many innocent people make serious mistakes during the early stages of a personal injury claim that can be impossible to undo later. That’s why it is so important to get a lawyer on your side right away. Insurance companies act quickly, so should you.

Multi-Vehicle Collision Lawyers in Edmonton

This article was originally published on October 2, 2013 and was updated in February 2020.

Roadside Safety Tips from Edmonton’s Top Car Accident Lawyers

Fri, 24 Nov 2023 14:11:55 GMT

Every year, people are seriously injured or killed on roadways. Surprisingly, many have parked on the shoulder or worse, exited their vehicle on the shoulder or on the roadway itself, prior to being impacted. In some cases, stopped vehicles or pedestrians on the roadway cause other cars to collide.

PLEASE don’t become or cause one of those statistics.

To avoid injury or death on Alberta’s roadways, our car accident lawyers have put together a few tips to keep you safe:

1. Don’t stop on the shoulder.

Stopping on the shoulder of a highway is incredibly dangerous, especially at night! Because of dark and fatigue, other drivers often cannot see what is on the shoulder. If they can, they often brake suddenly and cause mayhem behind them. Even with your flashers on, you are causing a hazard.

2. Drive to the nearest exit.

We have always been warned about damaging our vehicles by driving on a flat tire. I am warning you about damaging or killing yourself sitting on the side of the road in that stopped vehicle or worse, getting out and trying to change the tire. If another car strikes your vehicle or worse, you directly, the cost of that rim damage won’t seem to matter.

If you’re in a motor vehicle accident, snap a quick photo of the other driver’s license plate and license, THEN PULL OFF OF THE ROAD. If possible, enter a nearby parking lot or exit.

Even if you are stopped by a police car, insist on taking the next exit.

3. Pull as far off the road as possible.

If you MUST stop on the shoulder for an emergency, pull over as far as you can. If the slope and surface are safe, don’t hesitate to pull right into the ditch.

4. Make your vehicle visible.

Warn other motorists that you are stopped by turning on your hazard lights. Make sure your car lights are clean so the blinking of the hazards can be seen from a distance. If you have flares or cones, use them as well.

5. Find safety.

If you have no choice but to stop and you are on a high-speed road, you and your passengers should consider exiting the vehicle and standing well away, in safety. Climb over the guardrail if there happens to be one, and wait on the other side. If you are in an accident, pull off on the shoulder but get away from the roadway and vehicles if possible.

6. Pass in the far lane.

Whenever possible, you should move over to the next lane if there is a vehicle on the shoulder. Proceed with caution, watching for activity around the stopped vehicle. If a police or emergency vehicle is on the shoulder with flashing lights, the law requires you to move over to the next lane and slow. This maneuver creates a backlash of danger on the highway as a busy highway will feel the impact of a slowing line of traffic long before the cause is in view. Don’t slow down more than you are required and speed up as soon as you pass. It is an extreme variance in speed that creates the biggest driving hazard.

7. Contact a motor vehicle attorney.

If you have been injured while on the shoulder, while out of your vehicle, or for any reason, contact Robinson’s car accident lawyers for a free consultation. We have years of experience with car accident claims throughout Alberta and can help you get the compensation you deserve.

This article was originally published on November 17th, 2015 and was updated in October 2019.

Who is at Fault for Pedestrian Accidents?

Thu, 23 Nov 2023 14:21:46 GMT

There is a common misconception in pedestrian accidents that the pedestrian is always right. Unfortunately, this is not always the case. Drivers owe a duty of care to pedestrians, but pedestrians also have a duty to protect their own safety and the safety of others. In these types of accidents, there is a complex mix of statute and common law that makes determining who is at fault a confusing and often unclear process. Often, personal injury lawyers need to be involved.

Pedestrian Accident Legalities

In Alberta, the Traffic Safety Act governs who is responsible in pedestrian-car accidents. This Act states that it is the responsibility of the driver to prove that they were not at fault for the accident. In legal terms, the Act places a reverse onus on the driver of the vehicle to prove that they were not liable. It is the driver’s responsibility to show that in the specific circumstances of the pedestrian accident, a reasonable driver could not have prevented the accident from happening. In some cases, this rule is applied and the driver is found to be 100% responsible.

Examples of Pedestrian-Car Accidents

Pedestrian Hit on Highway Shoulder

In Willier v. Lajeunesse, 2001 , a case run by Robinson LLP’s pedestrian accident lawyers in Edmonton, the pedestrian was struck from behind while walking down the shoulder of a highway. The Court found that the defendant driver was completely responsible for the collision. Robinson LLP was able to make this case despite the RCMP finding fault on behalf of the pedestrian and actually offering congratulations to the driver for his efforts to avoid the collision. Instead, we were able to show the driver knew that pedestrians sometimes walked down that highway and took his eyes off the road for a few seconds. The Court found that these actions were not reasonable in the circumstances and found the driver at fault.

However, the reverse onus in the Traffic Safety Act does not mean that the driver will always be at fault. If the driver can prove that the actions of the pedestrian caused or contributed to the accident, the Courts have not hesitated to find that the pedestrian was partially or completely at fault for the collision.

Pedestrian Death

In Bouchard Estate v. Chalifoux, 2004 ABQB a pedestrian was hit and killed while running across a road. The Court found that the driver was not liable because they did not have enough time to stop and the driver acted reasonably by slowing their vehicle down before the collision occurred. The pedestrian’s entire claim was dismissed because he had run in front of the vehicle with no warning.

Intoxicated Jaywalker Hit by Ambulance

Similarly, in Cooper v. Crockford, 2007 ABQB an intoxicated pedestrian was jaywalking and was hit by an ambulance. The pedestrian claimed that the ambulance was driving too fast and should have foreseen the risk of a pedestrian crossing the street. The driver of the ambulance argued that there was nothing he could have done to avoid the collision in the circumstances. The Court found that while the driver could have avoided the accident, the pedestrian was the primary cause of the accident and his actions were far below the standard of care expected of a reasonable pedestrian. The Court held the pedestrian 2/3 liable for his role the accident.

Unmarked Crosswalk Accident

H.C. (Dependent Adult) v. Loo, 2006 ABCA , another case brought by Robinson LLP pedestrian accident attorneys in Edmonton, is the best example of how difficult liability can be to prove in a pedestrian motor vehicle collision. In this case, the pedestrian was crossing in an unmarked crosswalk when she was struck by a vehicle. Most of the witnesses testified she had been running across the road. In that case, the pedestrian was found to be 50% liable. The Court decided that stepping out into an unmarked crosswalk without warning was not reasonable in the circumstances. The driver and the pedestrian were found equally liable for the collision.

Who is Responsible for Pedestrian Accidents?

In short, just because you are a pedestrian does not mean you will automatically win your claim against the driver of a vehicle. The Court will look at all of the circumstances including whether you acted reasonably, where you crossed the street, and whether you were taking reasonable care for your own safety. If the driver can show that you were not acting reasonably you may lose all or part of your claim.

Pedestrian Accident Lawyers in Edmonton

It is important to contact an experienced lawyer immediately if you have been in a pedestrian crash. The personal injury lawyers at Robinson LLP can help you advance your claim, receive compensation for being hit by a car, and ensure that you do not get caught in one of the many liability pitfalls of pedestrian-motor vehicle collisions. Contact us today for a free consultation.

This article was originally published on May 20, 2016, but was updated in September of 2019.

8 Mistakes to Avoid After a Car Accident

Wed, 22 Nov 2023 14:29:20 GMT

Here are the eight mistakes to avoid after a car accident, as provided by our car accident lawyers in Edmonton:

1. Avoiding immediate medical attention

If you are injured, go to the hospital or see your doctor as soon as possible. Going home to “tough it out” doesn’t do you any favours, either in terms of your own medical needs or in terms of creating an accurate record of your injuries and how they have developed over time. In the event of more minor injuries, the longer you wait to seek assistance, the harder it may be to prove your injuries were caused by the accident.

2. Not following medical advice

If you don’t follow through with medical advice: medication, physiotherapy, exercise, further appointments, etc, you will be jeopardizing your claim. Failing to follow advice will allow the other side to argue you have failed to mitigate your losses and may result in a significant reduction of your claim.

3. Not Complaining to your Doctor

We get it. You feel repetitive and whiney by bringing up the same complaints to your doctor…over and over, again. Too bad. See your family doctor regularly and often. Explain every symptom, each and every time. It may seem repetitive, but those “objective” records will become very important in your lawsuit. Not going to the doctor may be interpreted as a sign that you are not in pain.

4. Talking it up

At the scene of your accident, except to the police, do not discuss the matter. Gather witness information, identification and insurance from the other driver and, if you can, snap some photos . Do not give statements to anyone except the police, without consulting with your lawyer first. Particularly, DO NOT GIVE A STATEMENT or have a discussion with the other side’s insurance adjuster. You are embarking on a journey in an adversarial system. That adjuster is adverse in interest to you – that means, he or she is NOT on your side. There is no upside to be gained from communication with that adjuster.

5. Posting and Blogging

In short, DON’T! Insurance companies will be looking for evidence to use against you and they will search online. Therefore, be careful what you post and how long you are on social media sites. Insurers can use the data it collects from those sites to reduce or extinguish your claim.

6. Not being truthful

The police, insurance adjuster, your lawyer and various doctors and treatment providers will ask you about the accident. Be sure you are always truthful about the accident and your injuries. Many records are producible in your lawsuit and your stories will be compared. Lying, exaggerating or being evasive is a great way to ruin your lawsuit.

7. Applying too late

If an action is not commenced within the limitation period prescribed by statute, you will completely lose the right to start a lawsuit. Miss these deadlines and you will have no claim.

8. Self Representation

The best way to screw up your lawsuit is not to hire a lawyer. Make sure you obtain the services of a personal injury or car accident lawyer.

If an action is not commenced within the limitation period prescribed by statute, you will completely lose the right to start a lawsuit. Miss these deadlines and you will have no claim.

Car Accident Lawyers in Edmonto

If you’ve been injured because of someone else’s negligence or you have become disabled and are fighting with your insurance company as a result of a car accident, contact us as soon as possible. The experienced car accident lawyers at Robinson LLP can help.

This article was originally posted in January 2017 but was updated in July 2019.

Who is at Fault for a Motorcycle Collision?

Tue, 21 Nov 2023 14:34:57 GMT

It’s summertime, the sun is out, the snow and gravel are gone and it’s perfect motorcycling weather. Unfortunately, that means an increase in motorcycle accident claims.

Every year at Robinson LLP we see clients catastrophically injured in motorcycle collisions. Unfortunately, cyclists often end up the losers in a game of strength between a vehicle on the road and a bike. When the unthinkable happens, getting proper motorcycle accident compensation becomes very important.

Why do Motorcycle Accidents Happen?

Motorcycle collisions often occur because other vehicles are not always paying attention and are not always as cautious as they should be around motorcycles. Other vehicles often fail to see motorcycles or misjudge the speed that they are travelling. For example, a lot of collisions involve vehicles making left-hand turns in front of motorcycles they did not see. The motorcyclist has no time for evasive maneuvers and ends up colliding with the side of the vehicle that turned in front of them.

Motorcyclists & Serious Injuries

Motorcyclists are often at a higher risk for collisions and are more vulnerable to serious injuries. Motorcyclists are more likely to suffer severe injuries like broken bones and head trauma when they are in a collision. A motorcycle does not have the same safety systems as other motor vehicles on the road. The motorcyclist generally leaves a collision with worse injuries than the people in vehicles. For these reasons, it is extremely important to pay attention to any intersections, hidden driveways and left turning vehicles that could cause potential hazards and collisions when you are on your motorcycle.

Assumptions Placed on the Motorcyclist

On top of all of this, the police are not always on the motorcyclist’s side. Sometimes the police just assume that the motorcycle was driving too fast or unsafely even when there is no evidence of these actions or proof that these actions caused or contributed to the collision. In the event there are two sides to a story, the motorcyclist’s side is not necessarily the one first believed. What if the driver of a vehicle that turned in front of a motorcycle advises the only reason they were hit was because the motorcycle was driving too fast? Are they automatically believed against the word of the cyclist? What if the cyclist can no longer speak for themselves? It is very important to consult with a lawyer immediately if you have been injured in a motorcycle collision.

Determining Fault After a Motorcycle Accident

Who is at fault for a motorcycle collision can depend on engineering reconstructions of the collision and evidence that can be gathered immediately after the collision. Pictures of the scene, skid marks on the road, witness statements, and evidence of the damage from the vehicles involved can go a long way towards proving that you were not liable for a motorcycle collision. The personal injurylawyersatRobinsonLLP know how to gather this evidence and build a case for you.

Motorcycle Accident Compensation

As a motorcyclist, you have all of the rights of any other driver or passenger in a car and can collect compensation for your injuries in the same way that any other person injured in a motor vehicle accident can. Don’t risk losing your right to compensation by leaving issues of liability and accident reconstruction to the police – who are not always on your side.

If you have been seriously injured in a motorcycle accident , you should contact the injury lawyers at Robinson LLP for a free consultation immediately. We know what avenues to investigate and how to ensure that your motorcycle accident claim is not compromised by lack of evidence, poor police reconstructions, or bias against motorcyclists.

This article was originally posted in June 2016 and updated in May 2019.

Compensation for Living & Medical Expenses After a Car Accident

Mon, 20 Nov 2023 08:34:07 GMT

“I never thought it would happen to me, but it did. When a careless driver crashed into me, I was left seriously injured and unable to work. I need money to cover my cost of living and medical expenses. What are my options?”

Our team at Robinson LLP, consisting of personal injury lawyers in Edmonton, can help you recover proper compensation.

Here are a few options to help start covering the cost of your medical expenses:

Section B

These are the “no-fault” benefits that you as an injured person get through the insurance company for the car you were driving or riding in at the time of the accident. You can access these benefits no matter who is at fault. If you are hit as a pedestrian, they come from the insurance company for the car that hit you. Section B benefits cover all reasonable medical expenses from the injury for two years after the accident, up to a maximum of $50,000 (although chiropractic, massage therapy and acupuncture are capped much lower).

If you were employed at the time of the accident or worked for at least half a year before the accident, Section B will also pay an income benefit as long as you can’t do all the duties of your job. Unfortunately, income replacement will only be paid to a maximum of $400 per week for up to two years. If you weren’t employed, but are totally disabled and can’t do your housekeeping, you can still receive $135 a week for up to 26 weeks.

Disability Insurance

These are insurance plans, often bought by an individual or provided through a group insurance plan (like your employer or union). They can cover medical expenses and income loss when you are injured and unable to work. The terms, benefits and durations vary based on the plan, but generally, the benefits can be for short-term or long-term disabilities.

(1) Short-term Disability (STD)

STD benefits cover a higher percentage of your regular income but don’t last long (for example, often between 15-26 weeks). Coverage typically starts when sick leave runs out at work.

(2) Long-term Disability (LTD)

These are similar to STD benefits and kick in when they run out. LTD benefits replace a lower percentage of regular income, but unsurprisingly they last a considerably longer time. It is often more difficult to access LTD as the requirement is frequently that you be disabled from performing ANY occupation, not just your old occupation. Policies differ and coverage is based on the wording of your individual policy.

Employment Insurance (EI)

If you are temporarily unable to work because of your injuries, you might be eligible for EI sickness benefits. The amount you get varies from person to person, but it is often 55% of your regular weekly earnings. These benefits are very short term, lasting for a maximum of 15 weeks.

Assured Income for the Severely Handicapped (AISH)

This is for very serious situations. If you are permanently disabled from your injuries, cannot earn a living (and there is no training or treatment available to help you work), and you meet other financial criteria, then you may be eligible for AISH. It covers several things, including a living allowance of up to $1,588 per month, a child benefit, and various other health benefits, including prescriptions and dental services.

Canada Pension Plan (CPP)

This is another option for serious disabilities. If you are under 65 years old, have sufficiently contributed to the CPP, and are seriously disabled for a long time (so that you cannot work at any job regularly), you can apply for a monthly CPP benefit. The amount increases based on what you have already contributed to the CPP, up to a set monthly limit. If you have dependent children, they may also be able to receive a CPP benefit. These limits are adjusted yearly.

Advances

If you are currently litigating an injury claim with an insurance company, your lawyer may request an advance payment from the settlement proceeds. In some, limited, situations, these payments are provided.

Injury Lawyers in Edmonton

To access any benefits available prior to settling your claim (and…obviously…also to help advance your claim as a whole), make sure you have the services of an experienced personal injury lawyer in Edmonton. Call or email us at Robinson LLP and we can help!

This article was originally posted in April 2017 and updated in March 2019.

Why People Don’t Sue Their Doctor After Medical Malpractice (When They Should)

Sun, 19 Nov 2023 06:49:49 GMT

We are contacted by people who want to sue their doctors on a daily basis. What makes them feel the need to do so? In fact, there are many “patients” who have been mishandled and mistreated with dire consequences who do not consider suing. Why is this? Why do some people seem eager to forgive while others are eager to take legal action? Oddly enough, this potentially life-altering decision seems to have more to do with the doctor’s bedside manner than his or her competence. A “nice” doctor may get a better break from a patient than one with poor bedside manners.

Here are some additional reasons people are hesitant to pursue legal action against their doctor:

1. I Was Warned

A common complaint is the feeling there was a shortage of information given about the risks of the procedure the patient is facing. A doctor must obtain INFORMED consent from a patient. That implies a duty on the physician to do more than wave a small-print document in front of a stressed-out patient for a signature. Here’s a little-known fact though: even if you gave careful consent for a procedure and you knew there were risks, that consent does NOT prevent all successful lawsuits . A patient rarely waives negligence. For example, dying is a risk of every anesthetic procedure. An unexpected allergic reaction to the anesthesia MAY be an unavoidable risk. If the anesthetist is texting a friend instead of paying attention to your vital signs, that’s a risk you did not sign up for.

Whether your doctor did a great job explaining things or whether no explanation was given, whether you signed consent or whether you did not, you may still have a great cause of action. Check with us at Robinson LLP. It may be well worth investigating further.

2. It Was a Tough Diagnosis

Sometimes making your diagnosis is not straight forward. And sometimes, your doctor would like you to think that it was incredibly tough. A lack of diagnosis or the wrong diagnosis can lead to an adverse outcome for you. Just because your doctor would like you to believe a superhuman effort was made to eventually get to the right answer, don’t believe it. If there has been a delay in diagnosis or if you have been treated or medicated for an illness you do not have, you may have the potential for a good lawsuit. It would be a rare doctor who actually admitted to screwing up!

3. My Doctor is Sorry

Of course, many people have a great and even long-term relationship with their doctor. And they feel sorry for the physician who has made a mistake, especially if the doctor has expressed sympathy or has even apologized. Guess what? We all make mistakes. You may feel very sorry for the 16-year-old driver who stands sobbing on the roadside after driving smack into your brand new car. However, you don’t then offer to pay for your own vehicle damages. That’s how insurance works! Doctors have a fund that covers the cost of a lawyer and any damages paid out on their claim. It’s not coming out of your doctor’s wallet when you make a legal claim!

4. Only a Specialist Could Have Helped

A doctor cannot be knowledgeable in every area. However, false reassurances cannot be made if a disease process doesn’t fit into that doctor’s knowledge base. Every doctor is supposed to recognize when a condition merits another set of eyes. You are entitled to an appropriate referral that takes place at an appropriate speed. If your condition required a quicker diagnosis and treatment to have a better outcome, you may well have the potential for a successful lawsuit.

When Should You Sue Your Doctor?

In reality, every poor outcome from health care is not due to negligence and does not warrant a lawsuit, but if you are concerned, you should speak with a medical malpractice lawyer at Robinson LLP . Medical negligence actions are complicated and lengthy. However, the complications that arise from negligent treatment by the medical profession may also be complicated and lengthy. If you have suffered a serious consequence of potential medical malpractice , contact us by filling in our online form. You may well be able to collect compensation for the terrible consequences you face.

Who is at Fault for a Slip & Fall Injury?

Sat, 18 Nov 2023 14:39:38 GMT

The snow is melting all day and freezing all night. It’s a pedestrian nightmare out there. Injuries from slipping and falling on ice are common at this time of year in Alberta.

Slip and fall injuries typically occur in parking lots or on sidewalks. Although it is almost universally true that property owners have a duty to exercise reasonable care when it comes to maintaining these areas and promptly removing snow and ice to reduce the risk of falls and injuries, the duty differs depending on the property owner’s identity.

If you suffer a serious injury following a slip & fall, should you consider a lawsuit? The answer to this question largely depends on whether someone is responsible for your injury.

So, who is responsible for a slip and fall accident on ice or snow?

1. Property Owners & Snow Removal Companies

Property owners have a duty to exercise reasonable care for sidewalks and entrances, which includes removing snow and ice and laying down traction. However, the level of effort will differ based upon the use of the property, expected traffic in the location, and many other conditions. There are many considerations that will have an impact on you and your potential claim.

To complicate matters, businesses owners often contract snow removal companies to clear snow and ice on their property. Depending on the contract between them, this can mean that the snow removal company might also have a responsibility to care for the sidewalks and entrances, shifting some of the liability from the property owner. Despite this, there will still be a responsibility on the business owner to ensure that their sidewalks and entrances are safe. Balancing these responsibilities is the overriding maxim that business owners (and their snow removal companies) do not have an obligation to create an impossibly perfect environment notwithstanding the conditions. The success of a claim against a business in a slip and fall accident will very much depend on the facts specific to your case and a legal opinion as to whether there will be legal responsibility. The question to ask is whether the property owner’s conduct was reasonable considering all of the circumstances.

2. Homeowners

Homeowners also have a duty to maintain their walkways and driveways by removing snow and ice, and ensuring that their property is safe for visitors. Their home insurance companies will pay for the losses suffered by someone falling at a residential site.

IMPORTANT: homeowners often have city sidewalks in front of their houses, and municipal bylaws require homeowners to shovel these sidewalks or face possible penalties. However, the standard of care for homeowners won’t be as strict as for businesses and will differ for the part owned by the city and the part on their own property. Despite all of that, there are many instances where homeowners will actually be creating a hazard on the adjacent city sidewalk (such as directing an eaves trough to drain in a manner that causes water pooling). The City’s responsibility for removing snow and ice from public sidewalks is set out by the Municipal Government Act – and this makes it very difficult to sue the city for a slip and fall accident . The city is only liable for injury due to snow and ice on public property if the city is “grossly negligent” – which isn’t well defined but sets a very low bar for the city’s conduct. To make it even harder, you only have 21 days to notify the city of your slip and fall accident (unless the accident results in death or the city agrees to an extended deadline, or you have some reasonable excuse).

3. You

On top of all this, you also have a duty to exercise reasonable care for yourself while walking in an area you either know or should expect will be snowy or icy. This includes keeping a reasonable pace, wearing appropriate footwear, and being alert for hazards. If you don’t act carefully, this may reduce your compensation or possibly even bar it completely.

Further Your Chances of a Successful Claim

Once you have determined fault, you are able to take action. To further your chances of a successful claim, be sure to do these 3 things following a slip and fall accident . Additionally, the sooner you contact the personal injury lawyers at Robinson LLP after your slip and fall, the better your chances are of receiving compensation. At Robinson LLP, we work on a contingency fee so we don’t get paid until you do. Contact us today to get started.

This article was originally posted in March 2015 and updated in November 2018 .

SEF 44 Endorsement Limitations

Fri, 17 Nov 2023 08:39:45 GMT

What is SEF 44?

SEF (Special Endorsement for Family Protection) endorsements are a wonderful thing. They allow Albertans to protect themselves and their family in case they are involved in a car accident in circumstances where the at-fault motorist is uninsured or has insufficient insurance to pay the injured Albertans their damages. Albertans are able to purchase SEF 44 endorsements from their auto insurers at an extra cost and, in our experience as a personal injury counsel, virtually all of our clients have purchased this type of coverage.

How does SEF 44 Endorsement work?

At the present time (with the present wording of the SEF 44 endorsement), if the at-fault motorist has no insurance or less insurance than the injured Albertan, then the injured Albertan has access to their SEF 44 coverage. The best way to illustrate this is with numerical examples. Let’s assume that the injured Albertan has one million dollars worth of third party liability coverage and an SEF endorsement. If the at-fault motorist has no insurance and the injured Albertan is catastrophically injured with damages in excess of a million dollars, then the injured Albertan can claim $200,000.00 from the Motor Vehicle Accident Claims Fund and, potentially, $800,000.00 on their SEF. If the at-fault motorist has $500,000.00 worth of insurance coverage and the injured Albertan with a million dollar SEF is catastrophically injured with damages of over one million dollars, then the injured Albertan has access potentially to $500,000.00 from their own SEF 44 coverage.

SEF 44 Auto Insurance Protection Limitations

Unfortunately, there is a gap in the SEF coverage which, needs to be addressed. The problem: assume that the at-fault motorist has $1,000,000.00 worth of public liability insurance and two passengers in his vehicle, who are severely injured, and also assume that in the “innocent” vehicle there is a family of four that all sustained catastrophic injuries as a result of being impacted by the at-fault vehicle. In this example, there are six injured Albertans with significant or catastrophic injuries all claiming against the at-fault motorist. Now, assume that all six innocent injured people all have auto insurance policies with $1,000,000.00 public liability coverage and SEF 44 endorsements. The way the formula currently works, there is no under insurance because the at-fault motorist carries the same amount of insurance that is available to each of the injured parties on their SEF 44 endorsements. Unfortunately, in this example, the six injured Albertans all have to split the $1,000,000.00 third party liability limit of the at-fault motorist with no ability to claim on their own SEF 44 coverage.

SEF 44 Formula

Section 3 of the standard SEF 44 endorsement provides the formula for determining if the at-fault motorist is underinsured. This formula is as follows:

The injured Albertan’s SEF insurance limits $1,000,000.00

MINUS

The at-fault motorist’s insurance limits $1,000.000.00

EQUALS

The amount that injured person can claim

from their SEF 44 Insurance $0.00

If the at-fault vehicle has the same amount of insurance as the injured person, then the injured Albertan has no access to SEF 44 coverage even if they only received a portion of the at-fault motorist’s insurance because there are several seriously injured claimants.

Using the same example as before, if we assume that each of the six seriously injured Albertans is entitled to damages of $500,000.00 against the at-fault motorist’s $1,000,000.00 insurance policy. That is $3,000,000.00 of damages against $1,000,000.00 of insurance. Each injured Albertan receives only $166,667.00 (and the rest of their needs must be satisfied either out of their own pocket or through social programs funded by tax dollars). The irony is that if the at-fault motorist had no insurance or $200,000.00 of coverage, those fictitious six seriously injured Albertans would be better off. In other words, the current wording of the SEF 44 endorsement does not deduct from the innocent party’s SEF endorsement the share of the at-fault motorist’s insurance that they actually receive but, rather, the full amount of the at-fault motorist’s insurance coverage for the purposes of determining whether there is under insurance.

Room for Improvement

Clearly, there is a need for either a change in the wording of the SEF 44 endorsement or, alternatively, different family protection endorsement that Albertans can purchase that would address and rectify the situation. In other words, in the experience of the injury lawyers at Robinson LLP , there is a need for a family protection endorsement that protects injured victims where there are numerous injured parties that have to share the at-fault motorist’s third-party liability insurance. Ironically, as it stands now, where there is more than one innocent Albertan injured in an accident, they are probably much better off if the at-fault motorist has no insurance or little auto insurance.

Car Accident Lawyers in Edmonton

If you’ve been injured in a car accident due to someone else’s negligence and would like to discuss your options, including the SEF 44 Endorsement, contact Robinson LLP today for a free consultation.

This article was initially published in January 2014 and updated in October 2018.

Psychological Injury Claims: Do they Merit Compensation?

Thu, 16 Nov 2023 14:45:31 GMT

What is a Psychological Injury?

If you’re hurt by someone else’s negligence, often the injuries aren’t just physical. Psychological injuries (also known as emotional, psychiatric or mental injuries) are a common consequence of accidents and malpractice – and often have just as big an impact on your life.

Recent Changes to the Law Regarding Psychological Injury Claims

The Supreme Court of Canada (SCC) is the highest level of adjudication in Canada and decisions made at that level become law for the country. In 2017, the SCC made an important decision regarding psychological injury claims on the case of Saadati v Moorhead (2017 SCC 28).

Mr. Saadati had been injured over the course of five motor vehicle accidents. At the first trial level in BC, the judge found that the second accident caused psychological injuries, including personality changes and cognitive troubles. The trial judge awarded damages for these psychological injuries, based on the testimony of the plaintiff’s family and friends, who indicated that he was a very different person after this second accident.

The case was appealed to the BC Court of Appeal. That court found that the plaintiff didn’t prove that he suffered a “medically recognized psychiatric or psychological illness or condition” that was demonstrated by “expert medical opinion evidence.” These requirements for proving injury had developed in Canadian case law over the years, although they had not yet been considered by the SCC.

Mr. Saadati took his case to the SCC. The SCC has sole discretion on which cases it will hear. Surprisingly, it agreed to hear this one. More surprisingly, it changed the approach courts should take when looking at psychological injuries. The SCC took a drastically new approach and made it very clear that no specific diagnosis is needed, nor is expert medical evidence a strict requirement to recover from psychological injuries.

How to Get Compensation for Psychological Injury

To successfully make a psychological injury claim, a plaintiff must:

Establish that a defendant was negligent (necessary for a successful lawsuit in every case)
Establish that their psychological injury is “serious and prolonged and rises above the ordinary annoyances, anxieties and fears” of everyday life.

The SCC’s decision looks to be based on the importance of not distinguishing between physical and psychological injuries. Since expert diagnostic evidence is not an absolute requirement for a plaintiff to recover for their physical injuries, requiring it for psychological injuries would be unfair and set a different (and more difficult) standard to recover for psychological injuries.

Is Medical Evidence Not Necessary for a Psychological Injury Claim?

Let’s be clear, medical expert evidence is NOT unimportant. The SCC emphasizes how expert medical evidence can help establish that a plaintiff’s psychological injuries are “serious and prolonged” enough to warrant compensation. In short, a plaintiff must still present evidence to show that they have a psychological injury – but a diagnosis and expert medical evidence is no longer a strict requirement.

Psychological Injury Claim Lawyers

The SCC made a definitive statement and one that resonates well for people suffering from psychological injuries. However, properly establishing your claim for injuries, both physical and psychological, is complicated. Further, you only get one shot to do so. So if you’re hurt because of someone else’s negligence, give the experienced psychological injury lawyers at Robinson LLP a call today for a free consultation . We’re here to help.

D-U-High: Cannabis and Impaired Driving

Wed, 15 Nov 2023 14:52:24 GMT

With the Canadian government set to legalize recreational marijuana, 2018 is going to be a big year for changes on Canadian roads. As it stands (and since we’re talking about politics, we can’t promise anything), Canadians over the age of 18 should be able to purchase and consume recreational cannabis by October 2018.

Cannabis and Driving

After alcohol, marijuana is one of the most common intoxicants found in impaired drivers – and is the most common intoxicant amongst young drivers. Studies show that marijuana affects cognitive and motor skills while driving and has been a contributing factor in many motor vehicle crashes. Marijuana consumption has been linked to impaired tracking skills, reduced ability to focus on multiple tasks, and negatively affects reaction times (think sudden hazards on the road). Further, some studies have found that using marijuana nearly doubles the risk of being in a serious car crash.

Marijuana Legalization in Canada and Changes in the Law

In response to marijuana legalization, both federal and provincial governments are passing new legislation to toughen up impaired driving laws. Bill C-46 is proposed federal legislation that will create new offenses for specific levels of a drug in the bloodstream and set out the levels to determine when someone is impaired by marijuana. It would also approve the use of screening devices that test saliva for marijuana. Alberta has passed its own laws in preparation. As of April 2018, there is zero-tolerance for cannabis for drivers in the Graduated Driver Licensing (GDL) program , just like it is for alcohol. Impaired drivers will also receive a 90-day license suspension, immediate vehicle seizure, require remedial education and one-year in the provincial interlock program.

More Accessible Marijuana, More Motor Vehicle Accidents?

Despite tougher impaired driving laws, Albertans can expect an increase in motor vehicle collisions and injuries once recreational cannabis is legalized, according to a new report from the Injury Prevention Centre at the University of Alberta. After examining data from Colorado and Washington state (which both legalized marijuana in 2014), the report noted that impaired driving rates increased after legalization by about 9%. Sadly, the data also shows that traffic fatalities increased markedly after marijuana legalization . In Colorado, traffic fatalities increased from 49 in 2010 to 94 in 2015. Traffic fatalities in Washington state jumped from 40 to 85 in the same time frame. The report suggests that more people drive while impaired by marijuana after legalization and that Albertans can anticipate a similar increase in injuries after legalization.

Hurt by an Impaired Driver?

If you’re hurt in a car accident as a result of someone’s impaired driving, be it by alcohol, cannabis , or any other substance, be sure to talk to an experienced lawyer who can get you the compensation you are entitled to. Contact the knowledgeable car accident lawyers at ROBINSON LLP for a free consultation .

Boating Accidents

Tue, 14 Nov 2023 14:58:59 GMT

Can you believe you can get a boat license online? As summertime swings into full force, many prairie dwellers are out on the local lakes in motor boats, personal watercraft, fishing boats, canoes, kayaks, and rafts. Lake enthusiasts are jumping off docks, sliding into the water and pulling skiers. All in all, satisfying summer activities.

Unfortunately, all of the fun also comes with a certain share of tragedy. Boating accidents can bring the joy of a holiday weekend to an abrupt halt. Many operating watercraft lack experience and know-how, activities take place in unsafe surroundings, and alcohol often contributes to poor decision-making.

How do boating accidents happen?

The majority of fatal accidents in water are caused by capsizing boats or falling overboard. Even the best of swimmers cannot last forever in open water. If you add darkness or windy conditions, the chance of making it to safety deteriorates even further. In Alberta, we often also have to contend with cold water conditions.

How to prevent boating accidents, injuries or death

Drowning remains one of the leading causes of accidental death for Canadians under 60. Many of these deaths are preventable and precautionary steps should always be taken during watersport activities.

The best way to prevent boating accident-related death is to dress accordingly. Everyone aboard should wear a PFD (personal flotation device). And if you are in a small craft on cold water, wear a wetsuit! No one expects to land in the water; however, you must be prepared for it to happen.

Some statistics suggest that 40% of boating accidents resulting in drowning involve alcohol. I am surprised it is that low. Alcohol, sun, and the rocking motion of a boat all compete to create poor judgment and fatigue. Together, the combination can be deadly. Wear a lifejacket, especially if you are drinking!

What to do after a boating accident

Every injury or death on or around the water brings its own special set of facts and circumstances with it. If you have been injured or if a loved one has died in a boating or water sports accident, compensation may be available; however, a number of questions need to be addressed:

1. Was a liability waiver signed?

If a waiver was signed, the boating accident lawyers at Robinson LLP would like to see a copy. More often than not, legal action is still a possibility.

2. Was someone else responsible?

Generally speaking, the captain of the boat is in charge of ensuring every passenger has a PFD and uses it at appropriate times. The captain should NOT be drinking alcohol. Just like for a car, the captain is responsible for collisions. However, he or she is also responsible for ensuring guests don’t fall overboard. There have actually been occasions where “party boats” don’t notice a guest who has fallen overboard and left to drown. The Captain has a lot of responsibility, and if there is a lack of good judgment, the Captain’s insurance may end up paying out.

Whether someone else was clearly responsible or partly responsible for a boating accident that resulted in injury or death, or if you are unsure, the experienced team at Robinson LLP can help investigate the answer.

3. Is there a pool of insurance to draw from?

Most of us pay insurance premiums. Most of us grumble when we do. We pay these premiums to protect ourselves in case we cause an accident. When we are in an accident and a friend is at fault, we hesitate to take legal action. That is ridiculous. Our friend has been paying policy premiums. Everybody ought to hope those premiums are paid to ensure someone who is injured will be able to collect appropriate compensation.

Fortunately, many insurance policies cover events that occur on the water – Liability policies on watercraft, homeowners insurance or umbrella policies may cover water accidents. Let the lawyers at Robinson LLP help you explore whether there may be insurance coverage for an action you take.

Boating accident lawyers

Accidents on the water can happen in a million different ways. The bottom line is that no matter how a boating accident occurs, it is often compensable. Usually, people are out boating with family and friends, so this can make the suggestion of a lawsuit uncomfortable, at best. However, do not make a decision to forfeit compensation until you know what is available in your circumstance.

If you have suffered a loss due to a boating accident, call the lawyers at Robinson LLP . We will help sort out the facts to determine if you have a pursuable case.

Personal Injury Limitations Act in Alberta

Mon, 13 Nov 2023 15:08:23 GMT

Limitations for personal injury claims are a BIG deal.

If you miss a limitation, you miss your chance to sue for your injuries and receive compensation.

Limitations can also be very complicated, and different scenarios mean different limitations.

This article will set out some significant limitations to be aware of when it comes to general personal injury scenarios , however, there are many exceptions to every general rule. Because the consequences for missing a limitation are severe – so be sure to talk to a lawyer right away!

The Limitations Act

This is the major piece of legislation governing limitations. Typically, you have TWO YEARS from the date of the car accident , slip-and-fall , medical malpractice , etc. to bring a claim. This is based on section 3 of the Act:

“3(1) Subject to subsections (1.1) and (1.2) and sections 3.1 and 11 , if a claimant does not seek a remedial order within

(a) 2 years after the date on which the claimant first knew, or in the circumstances ought to have known,

(i) that the injury for which the claimant seeks a remedial order had occurred,

(ii) that the injury was attributable to conduct of the defendant, and

(iii) that the injury, assuming liability on the part of the defendant, warrants bringing a proceeding,

(b) 10 years after the claim arose,

whichever period expires first, the defendant, on pleading this Act as a defence, is entitled to immunity from liability in respect of the claim.”

In the vast majority of cases, you must bring claim within two years after the date of your injury.

What does “knew” or “ought to have known” mean? In Gayton v Lacasse, 2010 ABCA 123 , the Alberta Court of Appeal affirmed that all three criteria in section 3(1)(a) must be examined, the claimant’s personal circumstances must be considered, and it really does hinge on discovering the injury – not necessarily the wrongful act itself. However, situations that extend the two-year limitation (due to a person being unaware of their injury) are very rare, so it is best to treat the two-year limitation as FIRM.

Despite this and in any event, once 10 years pass after the wrongful act, the limitation under section 3(b) will be triggered, regardless of whether or not the claimant discovered their injury. This is often referred to as the “10 Year Drop Dead Rule”.

Exceptions to the Rule

That said, there are a few exceptions to the two-year/ten-year rule under the Limitations Act:

Fraudulent concealment – if a wrongdoer fraudulently conceals the fact that there was an injury, then the limitation period is suspended.
If an adult is under a disability, the limitation period is suspended for the time of the disability. A disability can mean several things, such as when a claimant is a “represented adult” under the Adult Guardianship and Trusteeship Act , under a “certificate of incapacity” under the Public Trustee Act , or when they simply cannot make “reasonable judgments in respect to matters relating to their claim.” This will include periods of time when a person is in a coma, in ICU or sometimes, just in the hospital. This can be confusing and there are many legal arguments to make in many cases so be sure to speak with a lawyer.
Minors’ limitation periods are also suspended while the claimant is a minor, unless a potential defendant serves a “Notice to Proceed” on the minor’s guardian and the Public Trustee.

Limitations that Differ from the General 2 Year Limitations in The Limitations Act

Unknown driver in a hit-and-run – if you are hurt in a hit-and-run collision and the person who hit you cannot be identified, you may claim compensation through the Motor Vehicle Accident Claims Fund. However, under the Motor Vehicle Accident Claims Act , you must notify the Fund within 90 days , or you may be barred from bringing a claim.
Injuries on municipal property – if you slip and fall due to snow or ice on public property (like a city sidewalk), the Municipal Government Act states that you must notify the city in writing within 21 days , or your claim may be barred. If you are injured due to some other deficiency with public property (not involving snow or ice) you must notify the municipality within 30 days. These are very tight deadlines, so you have to act fast. However, if these injuries on public property cause death, the 21-day and 30-day notification periods do not apply.

Experienced Personal Injury Lawyers in Alberta

This is just a brief outline of SOME of our applicable limitation periods. Experts write entire books on the subject and every scenario is different. Once you miss your limitation period, you cannot make a claim . As such, we strongly recommend that you book a free consultation with the personal injury lawyers at Robinson LLP as soon as possible after your injury. What do you have to lose? Get legal advice before you miss your limitation!

Chronic Pain: Quantifying the Immeasurable

Sun, 12 Nov 2023 15:13:32 GMT

If an accident leaves you lying in traction in the hospital, you will receive an outpouring of sympathy. For months following, as you walk around on crutches, it will be obvious to the world that you are suffering. In many ways, the road is more difficult when your injuries are not objectively obvious. Neck and back pain, headaches, fatigue and general malaise are not easily identifiable. As such, the world around you will all be suggesting you “get over it” and stop complaining. Sometimes, even your doctor will take that position.

If you are suffering from chronic pain as a result of an accident, it is up to your lawyer to understand and paint a clear picture of your condition to the other side. How is this done?

Complex chronic pain conditions have many components:

1. Pain

At the risk of stating the obvious, one of the most limiting features of pain is the pain itself. Different people react differently to pain in terms of both the tolerated threshold and the way pain is displayed. The bottom line is that the experience of pain is as individual as individuals themselves. It is up to your lawyer to use experts to gain understanding of how pain is affecting you and better yet, to be able to effectively convey that understanding to the opposing side in your lawsuit. In some cases, we will step beyond the assistance of your treating physicians and look to a psychiatrist or psychologist to effectively explain your personal perception of pain.

2. Physical Function

Chronic pain causes a decrease in performance. In some cases, range of movement for certain activities is pain prohibited. In others, although activities are possible, they are limited by fatigue. Your ability to function in the face of ongoing pain is an important part of prognosticating your ability to carry on with work, childcare, and household activities. Your physical function will be measured by a Functional Capacity Evaluation(administered by an occupational therapist or physiotherapist with specialized training in the administration and reporting of an FCE).

3. Emotional Function

This is an area frequently overlooked in a lawsuit. Often chronic pain is wearing on your emotional well-being. Often, longer-term pain and the perception that “no one understands” creates emotional malaise or even depression. Poor emotional health on top of chronic pain may be very debilitating.

4. Treatment

Treatment options may be limited or you may find everything you try ineffective. You may find yourself a serial massage, acupuncture or chiropractic patient in an effort to simply make it through the week. It is your lawyer’s job to understand what treatment is assisting and to ensure coverage for ongoing treatment forms part of your claim.

5. Pain Over Time

Over time, it may become more difficult to ignore your pain. In many cases, we see injured people work through daily pain and headaches believing things will improve. Sometimes things do improve. However, we know if they do not, it may become harder and harder to keep working through. Before you settle any claim, you should have a realistic picture of whether you can continue to cope for the long run or whether you are going to have to slack off or even retire early.

Chronic Pain Lawyers in Edmonton

When your pain is constant and there is no foreseeable relief, you need to have a lawyer who understands the far-reaching impact the pain will have on your enjoyment of life and on your ability to perform at work and home. At Robinson LLP, we have represented thousands of pain sufferers over almost 25 years. We understand the importance of listening. By hearing what you have to say, we can effectively translate your ongoing pain into a settlement that accounts for the past, present and future ramifications of your suffering. Contact us for a free consultation . We’re here to help.

What to Do if You’ve Been Involved in a Hit and Run

Sat, 11 Nov 2023 08:44:20 GMT

“I was the victim of a hit-and-run collision! The other guy just drove off! Can I get ANY compensation?”

Usually, if you are hurt in a motor vehicle collision, the other driver is known. But what can you do if the at-fault driver flees the scene?

Sadly, it happens.

Luckily, there is recourse available - so be sure to speak to the hit and run lawyers at Robinson LLP to make sure you receive the compensation for your injuries to which you are entitled!

Receive compensation through the Motor Vehicle Accidents Claims Fund

Fortunately, there is a fund available to assist injured victims of hit and run accidents. This is called the Motor Vehicle Accidents Claims Fund (the Fund) . If you are hurt in a car accident and the driver cannot be identified, then you may be entitled to receive compensation for your injuries from the Fund. However, there are some important things to keep in mind:

The Fund only covers car accidents that happen in Alberta.
In order to collect, you must be an Albertan resident, or from a jurisdiction that has a program similar to the Fund (and would cover an Albertan in that jurisdiction).
In a car accident involving a number of vehicles, liability for the crash must rest SOLELY with the unknown driver - if there is insurance coverage from another party (other than you), the Fund won’t get involved.
The Fund only assists with personal injuries – it won’t cover any vehicle or other property damage.
The other driver and owner must be unknown and unascertainable to you. This means you have to make some effort to determine who caused the accident.
You have to notify the Fund about your accident within 90 days . That is not a lot of time, and if you fail to give notice to the Fund, then your claim may be barred, so be sure to talk to a lawyer quickly! However, if you have missed the 90-day notice period, your lawyer may be able to have that period exempted for you. Be sure to get legal advice from Robinson LLP, whether you are inside or outside the 90 days.
You still have to file and serve an actual lawsuit to get your compensation. A number of legal steps need to be taken prior to your having access to compensation from the Fund.
Compensation from the Fund is limited to $200,000. Further, if multiple people are hurt, that $200,000 has to be spread among them all , so you could be receiving quite a bit less.

SEF 44 coverage

If your loss is greater than $200,000, there may be other recourse for you, but it would come from your own insurer. Do you have SEF 44 coverage on your own insurance policy or does someone in your household have this policy endorsement? The SEF 44 Family Protection Endorsement is an optional endorsement that you can add to your insurance policy at minimal extra cost and in our opinion, it’s a good idea.

A SEF 44 endorsement provides coverage above the limits of the at-fault hit-and-run driver . That means if an uninsured or unknown driver is to blame for your injuries and you are only eligible to collect $200,000 from the Fund, you may be protected for your losses that exceed the available $200,000.

Imagine that you are in a hit-and-run and your injuries require $300,000 in compensation. The Fund only covers $200,000. Your insurer (assuming you have the SEF 44 endorsement) will top up the shortfall, up to the limits established by your policy. In this example, your insurer should cover the remaining $100,000.

Hit & Run Lawyers in Edmonton

This is a simplified example; however, when you are dealing with personal injuries, simplicity is rare. That’s why when you’re injured in a motor vehicle collision, be sure to contact the hit and run lawyers at Robinson LLP - we’re always here to help.

Suing After a Spinal Cord Injury (What You Need to Know)

Fri, 10 Nov 2023 15:29:45 GMT

A spinal cord injury may stop life in its tracks. It can negatively affect every area of your life: physically, mentally, socially, and emotionally. Much of the time these injuries result from some form of accident.

Common Causes of Spinal Cord Injuries

As personal injury lawyers, we most frequently see clients with spinal cord injuries resulting from:

Car Crashes

Car crashes are by far the most common causes of spinal cord injuries in our practice. Fortunately, seat belts, child seats, and airbags have resulted in less spinal cord injuries than we used to see; however, they are still all too common.

Diving into Water

Diving into pools with poorly marked shallow ends or diving into shallow water while intoxicated at a party.

Falling

Falling off ladders, balconies, or unmarked ledges can cause spinal cord injuries as can slipping on stairs or icy sidewalks.

Sports

Although many sports injuries are non-compensable, some are. Many playground and gym class accidents are successfully litigated due to poor supervision or lack of safety gear provision. We have also litigated many horseback riding injuries, to name a few.

Why Are Spinal Cord Injuries Serious?

Damage to any part of the spinal cord or to the nerves at the end of the spinal canal (cauda equina) may cause permanent changes in strength, sensation, and body function below the injury site.

Spinal cord injuries may result from damage to the vertebrae, ligaments or disks of the spinal column, or to the spinal cord itself. An impact may fracture, dislocate, crush, or compress a vertebrae. In some cases, an object can penetrate your body and cut your spinal cord. In many cases, damage worsens over the first hours or days due to bleeding or swelling around the cord, causing increased damage to the cord.

What to Expect After a Spinal Cord Injury

Your ability to control your limbs after a spinal cord injury depends on the location of the injury along your spinal cord and its severity.

Spinal cord injuries may be referenced as “complete” or “incomplete”:
Complete – No feeling and no movement control below the level of the injury.
Incomplete – Some motor or sensory function below the affected area. Obviously, there are varying degrees of incomplete injuries.

Spinal cord injuries may also be referenced as:
Quadriplegia – Arms, hands, trunk, legs, and pelvic organs are all affected.
Paraplegia – All or part of the trunk, legs, and pelvic organs are affected.

Spinal cord injuries of any kind may result in any of the following signs and symptoms:

Movement loss
Altered sensation, including the ability to feel heat, cold, and touch
Pain caused by damage to the nerves in your spinal cord
Loss of bowel control
Loss of bladder control
Exaggerated reflexes or muscle spasms
Changes in sexual function
Difficulty breathing or clearing secretions from your lungs

Why Do You Need a Lawyer Familiar with Spinal Cord Cases?

At Robinson LLP, we understand that you are facing a complete life change. We understand that whether or not you go back to your old job, you will likely have a loss of income because it will be difficult to be as productive in your workplace. We understand that you will likely have a different path to retirement (if not immediate) with a serious injury.

We understand that you will face a change in the way you manage your household along with your own care. We understand that although you may be working as hard as you can to overcome this turn in your life, you need someone who will look at reality for you. You need counsel who can quantify the many effects this injury has had on you, continues to have, and will have in the future.

You need the security of knowing your lawyer understands what you face. You only have one opportunity to settle a lawsuit. If something is left out, you cannot go back and collect later.

Let the lawyers at Robinson LLP ensure no aspect of your life is missed.

Do You Have a Case?

It is often unclear whether there is legal liability for your spinal cord injury. We recommend ALWAYS contacting us to explore the possibility. Even partial responsibility can result in substantial financial difference to your life.

Whether or not there is a potential case differs in every circumstance. At Robinson LLP, we are contingency fee lawyers . That means that we do not get paid fees unless your case has resolved. That also means that there is no charge for a consultation.

Contact Robinson LLP to discuss whether or not you have the potential for an action.

Should You Sue After a Spinal Cord Injury?

Your life has been impacted and you are going to need funds to compensate you for time off work, a change in career, the inability to work, care requirements, the money you have spent, the fact that you are not going to work until retirement, extra help in your home, a change in where you must live, the fact that you can no longer drive or that your vehicle needs modifications, modifications to your home, counseling for depression, medical supplies, childcare assistance, etc. If you have an opportunity to undertake successful litigation, you should do so.

Additionally, if the person you should be naming in your lawsuit is a friend or family member and they have insurance, they have likely been paying premiums for quite some time. When there is a serious injury, they should not begrudge you collecting. I know for myself, if I felt I caused or contributed to someone’s injury, I would WANT my insurer to pay out. Why would I want my insurer to keep the money and my loved one to suffer? Hopefully, your family member or friend will see it like I do. Even if they don’t, you are not taking funds out of their pockets.

The Spinal Cord Injury Lawyers at Robinson LLP are Here to Help

You will be faced with many decisions if you have suffered a serious spinal cord injury . The decision of the law firm to contact, however, should be clear. Call Robinson LLP at 780-429-1717. We are on your side.

What to do After a Slip & Fall Accident

Wed, 08 Nov 2023 15:36:37 GMT

Ice and snow often cause accidents resulting in slip and fall injuries. Proving liability in slip and fall cases can be difficult. When pursuing a slip and fall injury claim, you have to show that the person in control of the area where you fell is at fault. If you fall over your own untied shoelaces, you may not have a claim because the person in charge of the premises is not in charge of your shoes. Each case is decided on its own facts.

Success in these cases is likely dependent on a proper investigation of the facts. As your injury lawyer, Robinson LLP must understand the law that governs your case and be able to appropriately investigate the facts of your slip and fall accident so that liability can be proved.

If you are hurt from slipping and falling on snow or ice, you should take action quickly.

Here are three important steps to follow if you’ve been injured in a slip and fall accident:

1. Take a Photo

Gather evidence! Take a picture of exactly where you fell immediately. Cell phones allow immediate access to the best possible evidence we can garner . If you can’t take a photo because of your injuries, get friends or family to go back to the scene of the accident as soon as possible and take photos – hopefully before the accident scene changes. Once the area has been shoveled, salted, or sanded, the picture won’t be particularly helpful. In addition, be sure to keep the footwear you were wearing at the time of the slip and fall accident.

2. Gather Witness Contact Information

After the fall, take a quick scan and see if there were any witnesses. If there is a witness, you should try very hard to get their contact information. Eyewitness accounts of the condition of the ground can be very helpful to your case.

3. Contact the Slip & Fall Accident Lawyers at Robinson LLP

Liability, gross negligence, duty of care… determining whether you have a good potential case is confusing. You don’t need the extra stress when you’re hurt. Every case is different so be smart about it. BEFORE you speak to an insurance adjuster or give a statement that won’t necessarily help your case, you should at least have the legal facts and a little advice. Robinson LLP offers free consultations. Call or email today to find out about your legal options. The experienced slip and fall injury lawyers at Robinson LLP work on contingency , so no fees are charged until you recover money.

Your lawyer at Robinson LLP will, if need be, hire the appropriate expert to determine issues such as “slip coefficient” and whether adequate snow and ice removal, handrails, and yard slope were present. The earlier in the process you allow us to get started, the better chance we will have of proving your slip and fall claim.

We are proud of the difference we have made in the lives of our many past clients who have been severely injured by slipping and falling on ice and snow. Our personal injury lawyers have well over 100 years of combined experience pursuing personal injury claims, including slip and fall claims. There aren’t many circumstances we haven’t already seen. We know the law and have the experience needed to pursue even very difficult claims.

This article was initially published in January 2014 and updated in November 2017.

Personal Injury Claims: How they are Managed Towards Settlement

Tue, 07 Nov 2023 15:43:43 GMT

If you have been injured, you may want to start a personal injury claim to recover damages from the person who hurt you. Personal injury claims can be complicated and involve many steps. Those steps may differ from case to case; however, they will follow a general pattern. The experienced team at Robinson LLP will guide you through the process – from the time you are injured until you reach a successful settlement.

With exceptions, the following steps can be expected:

Step 1 – Identify the Defendants

It is important that we are able to accurately name the at-fault party. That means that we have to know HOW the event took place and who to sue.

Car Accidents

With car accident files, this involves ordering the full police report, doing registry searches to determine who owned the vehicle that hit you, contacting witnesses and even hiring reconstruction engineers to determine how the collision occurred.

Slip and Falls & Other Accidents

In the case of slip and falls or other accidents, we must determine fault by first understanding how an incident occurred. This may involve the simple task of looking at photos and speaking to witnesses or it might include hiring engineers to determine slip coefficients in the area of the accident. We will also find out who owns the property and who is responsible for maintaining it. This may include land titles searches, corporate searches, and detailed review of maintenance contracts.

In short, determining who is actually legally responsible can be difficult, but your personal injury lawyer knows all of the ways to investigate and find out who is responsible for your personal injury claim.

Step 2 – Gather Information

Personal injury claims are only as strong as the evidence supporting them. Insurance companies will dispute both how much your claim is worth and who is responsible for your claim. That is why it is important to gather all evidence which identifies and supports your injuries. Your personal injury lawyer will order notes and charts from your physicians and treatment providers and may send you to experts to help quantify your claim and prove your injuries.

Your personal injury lawyer will be able to hire the appropriate experts and help you gather the evidence you require to build a strong claim.

Step 3 – Quantify your Claim

Once the information and evidence are gathered, your personal injury lawyer will “quantify” your claim. What this means is that we will determine the damages to which you are entitled. There are a number of types of damages you are legally entitled to including:

General Damages for Pain and Suffering
Loss of Housekeeping Damages (past and future)
Cost of Care (past and future)
Loss of Income (past and future)
Special Damages (out of pocket expenses)

Your personal injury lawyer will go through the evidence and determine how much you have lost under each heading of damage. For example, to find your past loss of income, your personal injury lawyer may look at your income tax returns, your business records, or your missed time from work. Your personal injury lawyer may also hire experts at this stage such as accountants, vocational consultants or occupational therapists to help quantify your damages.

In some cases, losses are obvious and easy to assess. In others, it is complicated to extrapolate how an injury will affect someone’s career progress. Needless to say, there is only one opportunity to resolve a file. If you settle but continue to have problems that have not been accounted for, it will be too late to collect on them.

Step 4 – File a Statement of Claim

Sometimes personal injury files can be settled before beginning any formal litigation process. However, if the insurance company is unwilling to pay a reasonable amount, your personal injury lawyer must proceed through the formal court process. This process starts with filing what is called a Statement of Claim. In Alberta, a Statement of Claim must be filed within two years from the date of your accident . Your personal injury lawyer will file this document at the courthouse and your claim will continue past the two-year mark.

Step 5 – Negotiation and Settlement of your Claim

Most times, your claim can be settled before going to trial. Sometimes it will take more time and work from your personal injury lawyer to settle. Either way, the process involves negotiating with the Defendant’s insurance and convincing them to pay a settlement. Some of the common ways to help negotiate your claim are mediations, settlement conferences, and Judicial Dispute Resolutions. These are all steps that can be taken before trial and can be very effective in settling your claim.

Step 6 – Trial

At Robinson LLP we do as much as we can to settle claims prior to going to trial; however, some claims are complex and an insurance company will not settle short of trial. The personal injury lawyers at Robinson LLP are known for not backing down or giving in to pressures from insurance companies. If necessary, our team will take your claim to trial to ensure that you receive a fair settlement.

Personal Injury Claims

Settling a personal injury claim is not an easy process and different steps and actions are required for each and every case. The experienced team of personal injury lawyers at Robinson LLP know what steps to take to ensure that your claim is settled as quickly and as fairly as possible. Contact us for a free consultation and remember, we work on Contingency Fees so we don’t get paid until you do.

Helping a Loved One After a Brain Injury

Mon, 06 Nov 2023 16:29:57 GMT

Understanding the Brain Injury

According to government statistics, approximately 5000 people per year suffer a brain injury. This type of personal injury is a life altering event, for both the recipients and their families.

When the injury and its ramifications are severe, the path to rehabilitation, recovery and potential compensation is more clear than in the case of more minor injuries.

Serious brain injuries in the Edmonton area will likely be first treated in hospital and then rehabilitated through the Glenrose Hospital. The journey towards recovery, or at least maximum self sufficiency, will largely be spelled out by the many medical professionals involved.

When brain injuries are more subtle (not requiring hospitalization), the journey can often be challenging in other ways. Although an injury may not be overtly obvious, the victim of a minor head injury may experiences emotional changes (being quicker to anger or to cry), word retrieval issues, poor attention or concentration, memory issues and many other subtle symptoms. These symptoms may or may not be picked up by a family doctor and may not be understood by family and friends. In many cases, they cause family problems and difficulty at work.

How You Can Help

So, how do you help a loved one who has recently experienced a brain injury where someone else is at fault?

Protect him or her from the at-fault insurer. Help prevent contact between the insurer and the injured party. The at-fault insurer is ADVERSE in INTEREST from your loved one! Any offer of assistance is an offer to help the insurance company and their insured, not your loved one.
Hire a lawyer with experience in the subtleties of brain injuries. At Robinson LLP, we understand the appropriate experts to hire for diagnosis and quantification of the claim of a brain injured plaintiff.
Contact Robinson LLP early. We are a Contingency Fee law firm. That means we work for a percentage of the settlement or judgment. Retaining us early in the process allows us to effectively direct the claim and it doesn’t cost any more.
With future litigation in mind, keep notes of the changes experienced since the accident.
Tell us about those changes so we can help obtain appropriate diagnostics.

Brain Injury Lawyers You Can Trust

If you or a family member have suffered a brain injury as the result of an accident that is not the fault of the injured victim, be sure to look for good legal advice. Experienced lawyers, like those at Robinson LLP , will ask the right questions and help get you an appropriate diagnosis and evaluation. Understanding the problem goes a long way to helping both a victim and his or her family.

Rehabilitation after a brain injury is an arduous and challenging process. Take the stress of litigation out of the mix and let Robinson LLP worry about effective representation while you focus on maximum recovery.

Robinson LLP – on your side.

Navigating the Legal System After a Car Accident

Sun, 05 Nov 2023 16:37:58 GMT

You’ve been injured in a car accident and before you even get out of the hospital, the mayhem has already begun. What if you can’t go back to work? How do your work benefits pay? Is there another income source for you? What are Section B Benefits? How do your disability benefits at work and your Section B Benefits interact? Where can you get your car fixed? What if it’s a write-off? Either way, what will you drive? Who is going to shovel the snow? Mow the lawn? Pick up your groceries? Get the kids to school? How the heck is the mortgage payment going to be made on your disability cheque? Do you need to make a car payment when your car has been written off?

On top of all of this, the very friendly insurance adjuster is calling and asking if they can stop by for a quick discussion as to what happened in the accident. Wait a minute, whose insurer is it? Yours or the at-fault driver’s? Does it matter? What if you and the at-fault driver have the same insurance company?

ARGHHH!

Getting the money you deserve after a car accident

As soon as you have a potential claim against another driver, an adversarial process has begun. It is the goal of the at-fault insurer to pay as little as possible. As nice as an insurer may seem, they are not working in your best interests.

Who is? Who can help navigate the challenges of sorting out your available benefits and the myriad of documents that come with the challenges you are facing? Robinson LLP can. We have experienced lawyers available for free consultations and if you decide to hire counsel, we work on Contingency Fees. That means we don’t get paid until you do – because you don’t need any more bills at this time.

Dealing with insurance adjusters

When you are dealing with your own personal crisis, it is easy to forget that you also need to protect yourself legally. The adversarial process that is set in motion by your car accident generally starts before you expect.An insurance adjuster for the at-fault driver is likely to contact you within the first few days…potentially while you are still in the hospital. You may feel that providing your evidence (especially in the form of a written statement) ought to help you, by setting the record straight. Guess what? You are wrong. Remember, that adjuster is employed by the at-fault driver’s insurance company. He or she is not in the business of helping find the facts. He or she is in the business of either eliminating or minimizing the financial exposure of the insurance company. DO NOT GIVE A STATEMENT! Don’t even have contact. Nothing you say that would benefit your position will be quoted later in the process. Anything you say that is potentially negative to your position will be quoted…no matter how small.

How we can help

Following a car accident , there are benefits to having legal counsel at Robinson LLP involved early in the process. We are able to take the stress of being contacted by insurance adjusters off of you. We are able to steer you in a positive direction with respect to your potential lawsuit down the road. The lawyers at Robinson LLP work on a Contingency Fee basis. That means that we get paid once you receive your monetary compensation. Involving us early doesn’t cost extra – take advantage of that!

Take the stress of the legal process out of your life so you can focus on recovery. Insurance companies act quickly to protect their interests, let Robinson LLP protect yours. Contact us today for a free consultation.

Common Personal Injury Claims

Sat, 04 Nov 2023 16:41:29 GMT

So, you’re hurt. Someone else was negligent and now it seems you’re the one who has to bear the burden. Luckily, you have a dedicated team of experienced personal injury lawyers at Robinson LLP ready to help you get what you deserve – including compensation for pain and suffering, lost income and housekeeping, your cost of care, and out-of-pocket expenses.

Robinson LLP is here to help you through every possible personal injury.

Here are the 5 most common personal injury claims we see at our law firm:

1. Neck and back injuries

Neck and back injuries are very common occurrences in accidents. Other than causing you pain and discomfort, neck and back injuries can impact your job and your ability to attend to normal housekeeping or childcare activities – compensation for these losses will be advocated by your personal injury lawyer.

Insurance companies love to tell you that these type of injuries (sprains and strains) are “minor injuries” that are capped at $4,000 plus inflation. Don’t agree to anything until talking to the personal injury lawyers at Robinson LLP! We understand that many neck and back injuries have a significant impact on your life. We also understand that this cap may not even apply to your claim!

First, the cap only applies to “general damages” (what you would receive for just the injuries on their own). For example, if you lost income or needed to pay for your care, the cap doesn’t apply to these amounts. In fact, your injury may totally avoid the cap. If it seriously impairs your everyday life and lasts a long time, then it is not a “minor injury” and isn’t capped. For obvious reasons, insurance adjusters love to apply the cap to claims. You need legal advice to find out if your claim is outside this monetary limit.

2. Spinal cord injuries

Spinal cord injuries will change your life forever. So, make sure you talk to an experienced personal injury lawyer at Robinson LLP. We enlist a team of experts and professionals including surgeons, neurologists, orthopaedic surgeons, occupational therapists, vocational consultants, and others to help put a value on your claim. The point of your claim is to put you back to where you were before the injury (as best as money can) – even if it takes a lot of money to do that. Because spinal cord injuries are serious, your claim could be quite significant. The past and future impact upon your ability to do your daily activities such as housekeeping, working, or basic personal care will be addressed by a claim. If you needed care from others in the past or will require care from others in the future (which is expensive), this can also be included in your claim. At best, you might have to miss time and money from your employment. At worst, you might never be able to work again. This may mean you suffer a large loss of income or need significant time and money to retrain for a different job. Even if you remain in your previous job, your working income may be impacted by the fact that you are not as efficient as prior to your accident.

At Robinson LLP, we are used to assessing and understanding all of the many past and future implications a spinal cord injury may have on your life and it is our job to translate that impact into maximum monetary compensation.

3. Head and brain injuries

On top of physical damage, head injuries are especially worrisome because of how they can affect you psychologically. People often aren’t the same after serious (or even minor) head injuries. This can affect your employment and your relationships. Head injuries can also impact your mental functioning – sometimes, you might even suffer the effects of a head injury without knowing it!

Robinson LLP’s personal injury lawyers understands the subtleties of brain injuries and will help you do the same. Our focus is to obtain the best possible monetary results in your circumstances.

4. Breaks and fractures

The impact of a broken bone on your claim can vary widely – a broken rib is different from a broken femur. Nonetheless, broken bones can keep you from work and prevent you from doing your housekeeping and basic daily activities – all of which can be included in your claim. In addition, a fracture means the possibility of future ramifications that will be explored prior to settling your claim.

5. Fatalities

If you lose a loved one because of someone else’s negligence, make sure you contact us at Robinson LLP to help navigate these tough times and ensure you get what you are entitled to. If a loved one is wrongfully killed because of someone’s negligence, you have a claim against that wrongdoer. Although money won’t bring anyone back, the reality is that it is often financially difficult to replace the income or services that a loved one provides to their family. A fatality claim often includes the loss of child care and housekeeping that the deceased would have provided. If you were financially dependent on the deceased, you might also claim for the income you would have relied upon. Certain out-of-pocket expenses are also covered: costs related to caring for the deceased and visiting them before their death, funeral costs, and grief counselling expenses. And, if you’re the child or parent of the deceased, you are automatically entitled to bereavement damages as set out in the Act. At Robinson LLP, we have handled countless fatality claims and understand the nuances of them.

Personal Injury Lawyers

These are some of the most common personal injury claims we see at Robinson LLP. If you’re suffering from these injuries (or others) because of someone else’s negligence, don’t hesitate to contact the personal injury lawyers at Robinson LLP! We will help you in difficult times and GET YOU RESULTS!

Why Don’t You Hear About Doctors Being Successfully Sued for Medical Malpractice?

Fri, 03 Nov 2023 06:53:55 GMT

Doctors are successfully sued regularly. Why don’t you hear about it? The simple answer: gag orders. In every case where settlement is achieved, one of the things the plaintiff trades for cash is silence. Doctors don’t settle lawsuits without the promise of the plaintiff’s agreement not to discuss the specifics or even that they were paid out. The result is the protection of the secret of a physician’s incompetence.

Repeat Offenders

At Robinson LLP, we have sued some doctors more than once. We have certainly received inquiries about the conduct of certain doctors on a frequent basis. Unfortunately, the civil legal process does not result in a physician being “reprimanded” or losing his or her ability to work. Often times, we agree with our clients, it’s unfortunate that we can’t do that.

What Can We Do?

We can commence a legal action aimed at compensating the injured patient. It is a tragedy that patients are so frequently let down by the medical profession who is supposed to be providing assistance. To add insult to injury, medical mistakes and incompetence are rarely admitted to and virtually never apologized for. It is hard to understand how a physician who is supposed to care about a patient becomes reclusive, evasive and suffers from sudden memory lapses after a mistake is made. Good grief! It’s not as if a settlement to an unfortunate patient comes out of the doctor’s pocket….

A simple search at the courthouse will tell you if a doctor has been sued in that jurisdiction. Unfortunately, few documents are actually filed and it is impossible to tell if the case was successfully resolved. That’s why going to trial once in a while, with positive results, is so important. Cases we have handled like Cooper and Lindahl are important wins that help set the care standard for doctors.

How Personal Injury Lawyers Build Your Case Following a Brain Injury

Thu, 02 Nov 2023 16:52:43 GMT

If you’ve suffered a brain injury as a result of someone else’s negligence, it is very important that you contact a lawyer immediately. Brain injuries can be very hard to diagnose. You can suffer a brain injury from any impact to the head, and you do not need to have an open wound or have any obvious injury to your head to have suffered a brain injury. Furthermore, it can be difficult to quantify the effects that a brain injury has had on your life even with a diagnosis. Because of the nature of them, receiving the proper compensation for a brain injury can be very difficult without the help of an experienced personal injury lawyer. At Robinson LLP, we have extensive experience representing brain injured victims .

Attain a Brain Injury Diagnosis

Brain injuries are complicated. They can manifest in many ways and may not be obvious to anyone who doesn’t know you well. After an accident, you may appear “normal” but could be suffering from a Mild Traumatic Brain injury, a Traumatic Brain injury, or other serious brain injuries. These injuries can cause a wide variety of symptoms that are not easy to diagnose. They can affect your speech, your ability to process information, your temperament, and your personality. Some people feel overwhelmed easily or have a hard time dealing with normal, everyday circumstances and become withdrawn. Other times people with brain injuries have a hard time focusing or completing tasks that were simple prior to the accident. There are many symptoms of brain injuries, and they can all have a considerable impact on your life. However, without objective evidence and a clear diagnosis, insurance companies will not consider a brain injury when determining your settlement.

Meet with Brain Injury Specialist

The best way to determine the extent that a brain injury has affected your life is through specialist and expert reports. Robinson LLP uses many experts, including neuropsychologists and psychiatrists, who can help diagnose your brain injury. These experts administer tests which help determine how your injury has affected your cognitive functioning, your personality, and any other aspect of your life such as your employment or your personal relationships. The experts can also recommend future treatment and rehabilitation, which can help you recover as best as possible from your injury. Finding out the extent of your brain injury can help you cope with the changes in your life, help you find appropriate future treatment, and help ensure that the party responsible for your injury provides adequate compensation. Understanding that your problems are “real” is often a comfort to you AND your family.

Understand How the Injury Impacts Your Future

Following a diagnosis and prognosis, you will obtain “functional testing” from an Occupational Therapist (OT) to determine what your limits are in terms of both ability to perform activities and limits of fatigue on your abilities. This will allow us to get an accurate picture of your care and housekeeping needs. Should your diagnosis affect your professional life, we may also involve a vocational consultant to draw a picture of your post-accident abilities versus your pre-accident abilities. Many people are unaware that collecting for future income loss may be appropriate even in circumstances where an accident victim has returned to work. If you are more fatigued, more challenged, and less likely to work overtime due to your brain injury, you will also be less likely to receive promotions and raises than your healthier co-workers. You will be more likely to be laid off and it will be harder for you to obtain new employment. This can be translated, by effective litigation, into monetary compensation.

Assign a Monetary Value

Finally, we will ask an economist to “crunch” the numbers. We will need to provide evidence as to the present-day value of your past and future losses.

If the process sounds complicated, that’s because it is. If you have suffered a head injury, you need to hire counsel with experience and competence in this area. You will have only one chance to resolve your claim. Once you sign a release, your options do not include returning to ask for more money.

Once Robinson LLP has the necessary objective expert evidence to prove your brain injury and its effects on your life, we will use the evidence to ensure that the responsible party will be held accountable. We need to ensure that you will be compensated for the full effects this injury will have on your personal and professional life because we understand that you won’t have a second chance.

Brain Injury Lawyers in Edmonton

If you believe that you or a loved one has suffered a brain injury as a result of someone else’s negligence, contact the injury lawyers at Robinson LLP as soon as possible for a free consultation.

A Little Equestrian Personal Injury Claim, Anyone?

Wed, 01 Nov 2023 16:58:16 GMT

Whether undertaking a little equestrian sport as a beginner or someone with advanced abilities, horses can cause horrific injuries. Can these result in successful lawsuits to compensate the participant for pain, missed work or care required? If you have suffered an injury caused by a horse, you may be able to bring a personal injury claim against the owner, the stable, or both.

There are a number of ways horse injuries can occur. The first is if you are injured while participating in horse related activities on someone else’s property. Owners of a property have a legal obligation to make their property safe for those invited onto it. In Alberta, the Occupier’s Liability Act imposes a duty of care on the occupier of a premise to ensure that all people entering the premise will be reasonably safe. This legislation covers all business and private property including horse stables and land where horses are kept.

This means that if a person is injured by a horse at a stable or other property, the occupier of that property will be liable for injuries that occur on the premise if it was reasonably foreseeable that a person could be injured by a hazard which the occupier knew about and did not take steps to remove or fix. For example, if the occupier left a pile of barbed wire on their property and a horse you were riding got stuck in the wire and caused you to fall and injure yourself, the occupier could be liable for not removing the foreseeable hazard (the barbed wire). You could have lawyers draw up a personal injury claim.

A few examples of reported cases include:

1. Starrett v Campbell, 2015 BCSC 1424 – the owner of a horse-riding business was found liable when a customer on one of his guided trail-rides fell off the horse she had rented from the business. The Court found that the owner had allowed the Plaintiff to rent a horse that was too flighty and sensitive for an inexperienced rider. The Court stated that it was reasonably foreseeable that a flighty horse would take off when being mounted by an inexperienced rider and found the owner of the horse-riding business liable for the Plaintiff’s injuries.

2. Konopada v Blais, 2001 MBQB 69, the owner of a horse-riding business and the employee responsible for tacking the horse were found responsible when a woman fell off her horse on a trail ride. The evidence showed that the cinch on the saddle had not been put on properly and the Plaintiff had fallen when the saddle fell off the horse. The Court found that it was the responsibility of the business and its employees to ensure that each horse was properly equipped and that the equipment used was in good condition.

3. While warning signs and proper instruction may be enough to prevent liability from being found against the owners, each case will depend on the specific facts. For example, in Laws v Wright, 2000 ABQB 49 a Plaintiff sued the owner of the stable and the owner of a horse who had bitten her and caused severe injuries. The Plaintiff argued that proper precautions had not been taken to prevent a horse that was known to have a temper from biting and harming those who had to pass its stall. The Defendants argued that they had given the Plaintiff sufficient warning about the horse’s temper and the dangers of being around horses generally. They also argued that they had expressly told the Plaintiff not to feed the horse in question. The Court found that the Defendants had taken all reasonable precautions to prevent a foreseeable risk and that the Plaintiff was liable for her own injuries because she had disregarded explicit warnings not to approach the horse.

4. Another way injuries from horses can occur is if the horse escapes from their owner or enclosure and cause accidents on highways. At large livestock like horses have been known to run onto roads and cause collisions. If this happens the owner of the horse, and the owners of the property the horse was kept on may be liable for the accident.

For example, in McIntyre v. Collyer, 1999 BCSC a woman had been riding her horse down the side of the road and lost control of it. The horse escaped and ran into the highway causing a collision. The Court found that the owner of the horse was liable because she had dismounted from her horse and had not taken proper measures to ensure that the horse was secure and could not bolt. The Court found that the Defendant was liable for the accident because she had not taken reasonable steps to control the horse and prevent it was escaping onto the highway.

5. Similarly, in Bury v Bury 1997 BCSC the owners and stable owners were found liable when a horse escaped from its enclosure and caused a serious accident on an adjacent road. The owners of the property rarely checked the state of their fences and the enclosure the horse was in had been in a state of poor repair. The Plaintiff in this case was able to recover from the owner of the horse as well as the owner of the property where it was kept.

Robinson LLP has had significant experience litigating cases involving horse-related injuries. We have represented people injured when they were riding, working around livestock and when their vehicles have struck loose horses on roadways. Accidents involving horses are complex matters and can arise in a variety of different ways. There are many different statues and laws at play and multiple people who may be liable for your injuries (and have insurance to cover the situation). If you have been injured in an accident involving a horse, you should contact a lawyer as soon as possible. The lawyers at Robinson LLP will be able to determine who is at fault for your injuries and ensure that you are properly compensated.

Are the Police Always Right in a Collision Investigation?

Tue, 31 Oct 2023 16:59:54 GMT

Should we accept the RCMP/Police view of fault for a collision?

It’s one thing to have a clear memory of an event and disagree with the investigating officers. What happens when you have no memory? Or you didn’t actually see what happened? Or the only one who knows for certain didn’t survive the crash? Are you supposed to rely on the authority’s version of events? The simple answer: NO!

Investigators are human and they come to an accident site with preconceived notions, preferences as to witnesses and a general bias against any driver who has been drinking or speeding, notwithstanding that the drinker or speeder may bear no responsibility for a collision.

If you have been seriously injured in an accident and you feel it likely wasn’t your fault, you NEED expert advice.

For example, in Willier v Lejeunesse, 2001 ABQB 877, the Robinson LLP team proved that the police had mishandled the investigation of a pedestrian-motor vehicle collision and uncovered evidence that showed the Plaintiff was not at fault. In the end, the court found that the Defendant motor vehicle was 100% liable for the Plaintiff’s injuries.

In this case, Mr. Willier had been walking down the side of the road when he was struck from behind by a truck. As the result of their limited “investigation”, the RCMP actually commended the driver for not causing more significant injuries or death. Wow…

The police in charge of the investigation had not interviewed the Plaintiff, had barely examined the Defendant’s vehicle, and had not investigated the Plaintiff’s injuries or how those injuries occurred. They had largely accepted the driver’s self-serving version of events. Due to the poor investigation, there was little evidence of what actually happened in the collision. This was compounded by the fact that the Plaintiff had no memory of the accident.

Our team at Robinson LLP was able to reconstruct the collision by examining the injury mechanism (discovering how bone was actually broken) and employing reconstruction engineering experts. We were able to convince the Court that the Plaintiff’s injuries were caused by the truck striking him from behind as he walked on the shoulder of the road. The Court accepted this expert evidence and found the Defendant 100% liable.

Another example of needing expert evidence to prove fault was a case involving a Plaintiff who was rear-ended while leaving her driveway. The Defence said the Plaintiff was liable for failing to clean her windshield and pulling out of the driveway when it was unsafe. However, after an engineer reconstructed the collision, it became clear that the Defendant had been driving well over the speed limit and was also liable for the collision. Based on this evidence, Robinson LLP was able to recover damages for the Plaintiff’s injuries.

Robinson LLP has been successfully involved in countless claims which start with a finding contrary to police conclusions. The bottom line is that findings of fault on police reports are not always correct. This is why if you have been seriously injured and you believe you are not completely at fault, it is important to contact a lawyer immediately. Robinson LLP can use expert evidence to help you get to the bottom of what actually happened and help you win your case.

Contingency Fees Mean Free Legal Advice in Edmonton

Mon, 30 Oct 2023 17:01:44 GMT

How do you get free legal advice in Edmonton?

At Robinson LLP, we work on a Contingency Fee. That means you don’t pay any fees unless and until we collect money on your behalf.

Before you can decide that we will have a good working relationship and that a lawsuit is going to be in your best interests, we are going to need to communicate with you. That communication may take a variety of forms: voice, email or in person.

We are happy to provide you with basic advice about your potential claim including what your next steps should be.

So, to access this free legal advice in Edmonton today you have three options:

Fill out our Contact Form

Directly email any of our lawyers off this website

Call 780-429-1717

Our experienced contingency lawyers will be happy to help you.

The Causation Issue in Medical Malpractice Cases

Sun, 29 Oct 2023 06:58:55 GMT

Article by: Kathryn Griffin, Student-at-Law

Just because you were injured by the negligence of a doctor, it does not necessarily mean that you will have a successful medical malpractice case . Your medical malpractice lawyer would also tell you that you have to prove that the negligence caused the injury.

For example, let’s say a patient regularly goes into see their family doctor and is consistently told that they are healthy. Six months later the patient finds out from another doctor that they have had cancer for the last six months and the family doctor failed to follow proper procedure and negligently failed to diagnose that the patient had cancer. The doctor’s actions were obviously below the standard of care and he acted negligently. On its face, this seems like a pretty clear cut case.

Unfortunately, in medical malpractice cases it is not enough to prove that a doctor was negligent. On top of proving that your doctor fell below the standard of care, your medical malpractice lawyer must also clear the much more difficult (and complex) hurdle of “causation”.

Causation is the connection between the damages suffered and the negligent actions of the wrongdoer. It is the ability to prove that the at-fault party was responsible for the damage. You must show that the negligence of the doctor actually caused the injury and that the injury would not have happened if it were not for the actions of the doctor. This can be especially difficult in medical malpractice because the doctor, as the expert, often has much more knowledge of the procedure and the injury than the patient.

There are a few ways to prove causation in medical malpractice cases . The first is to show that “but for” the actions of the doctor, your injury would not have occurred.

For example, in our cancer scenario the patient would have to prove that the misdiagnosis caused them to suffer an injury. They would have to show that an earlier diagnosis and treatment would have led to a better result or that the misdiagnosis caused the symptoms to be greater. If the patient dies from the cancer, their loved ones would have to prove that an earlier diagnosis and treatment would have saved the patient’s life. Given the treatment options, the variety of cancers, and the individual characteristics that can affect a person’s recovery, this is not always an easy feat.

In cases like this the defence will always argue that earlier treatment would not have changed anything; that the patient’s chances of survival would not have been affected by an earlier diagnosis. As plaintiff counsel, and as your medical malpractice lawyers, it is our job to find our own expert witnesses to help us prove that it would have been more likely than not that the patient would have survived had they received earlier treatment. However, the experts must be able to show that there was a greater than 50% chance that the patient would have survived. In Canada there is generally no such thing as a “loss of chance”. It is not enough to show that the patient may have stood a better chance of survival. The Plaintiff must show that it was more likely than not that the misdiagnosis resulted in a worse outcome.

Another way to show causation is to show that the Doctor “materially contributed” to the injuries you suffered. This test is used when there are multiple possible causes of the injury. For example, lets say a plaintiff is in a car accident and then goes to the hospital for leg surgery which is performed negligently. If plaintiff looses all feeling in the leg the doctor could argue that the car accident was completely responsible for the leg injury. On the other hand, the driver of the car could argue that the Doctor’s negligence was responsible for the injury. As Plaintiffs we would have to find expert evidence to show that the negligent surgery materially contributed to the risk of injury and, therefore, the doctor should be held responsible. To prove material contribution, it must be impossible for the plaintiffs to prove causation and the Plaintiff must be able to prove that by breaching the standard of care the doctor exposed the Plaintiff to an unreasonable risk of injury.

A final way to prove causation is in cases where there is no clear expert evidence to show how the injury happened. For example, what happens if a patient goes in for an eye surgery and suffers an unexpected bleed that causes the patient to lose sight in his eye? The doctor and the Plaintiff have no clear evidence of what caused the bleed but it is clear that it occurred around the time of the surgery. In cases like this, where there is no clear expert evidence, the Court may draw a “common sense” inference based on the facts of the case. This means that the court will use common sense to weigh the circumstances of the case and determine what caused the injury.

In short, causation can be shown in a number of ways but it is a very complex and difficult process. This is why Robinson LLP is here to help you by having our medical malpractice lawyers in Edmonton navigate the pitfalls of causation and help you prove your medical malpractice cases .

Legal Advice for First Time Litigants

Fri, 27 Oct 2023 16:04:17 GMT

You’ve managed to hire a personal injury lawyer and have an action started on your behalf. How are you going to make it through the litigation process with your sanity intact?

1.Understand the Steps

If you are generally aware of the steps that will be happening next along with a general time frame, you will find it helpful. You should be able to get this information from your counsel.

2.Keep communication open with your personal injury lawyer

Getting information often seems to be a challenge. Generally speaking, lawyers are busy – balancing appointments, files, court times, deadlines imposed by the Rules of Court and client communication. Very often, files are being well handled but communication with the client could be better. Find out how your lawyer communicates best. I know that for me, it’s email. Others prefer telephone or meetings. Don’t be afraid to ask questions. Expect to get answers. Your lawyer works for you!

As an aside, it’s often a long process. When you hire a personal injury lawyer, be aware that you should hire the expertise however, you also need assess whether you think you will have a good, open relationship with the lawyer. Good communication always makes the process easier.

3.Expect the glacial pace

TV is the only place that an action is commenced and judgment granted all in the same hour. Expect a pace that is first dictated by your health. Until you have either recovered or reached peak recovery, your lawyer cannot assess your loss or prognosticate how that loss will impact your future. That time offers a starting point for medical and economic assessment.

Once your damages are assessed, the litigation process will heat up. There are, however, many steps taken between the commencement of a case and trial. As Plaintiff’s counsel, it is our job to meticulously complete all steps and continue pressing the matter towards trial. It often seems that Defence counsel is reluctant to keep the same pace. It is generally only the pressing of a case towards trial that results in settlement or judgment.

4.Medical and economic assessments can be extensive

You will probably be expected to go through numerous medical assessments to assist your personal injury lawyers in creating a good explanation of your medical and functional limitations as well as the outcome these may have on your employment, retirement age, ability to perform self-care or housekeeping chores and childcare. Appointments with experts are often booked months in advance and it often takes them months to complete their reports.

In response, you may be required to undertake the same type of assessments for Defence counsel.

5.Remember, your lawyer is a human being

It is part of your lawyer’s job to help buffer you from the stress of litigation and provide you with the information you need to make it through the process. Remember, though, your lawyer is only human. He or she is not always going to be available to you and cannot always give you the information or advice that you need. If your expectations are reasonable and realistic, you won’t be disappointed.

At Robinson LLP, we understand that our clients haven’t necessarily been involved in the Court process before. We are happy to provide whatever assistance we can to make the process painless.

Distracted Driving and Car Accident Victims

Thu, 26 Oct 2023 16:06:09 GMT

We have lovely neighbours, really, we do. I was pulling out of the driveway on the way to drop children at school recently – it was prime-time in the morning. People all seem to be leaving for work or school, on foot and in their vehicles, at about the same time. The bus stops are full. I like to employ a cautious approach to residential driving without being ridiculously slow. My neighbour, in her fancy Mercedes, was at first ridiculously slow. Then I watched her bounce off the curb on the right side of her car, jerk to the left and come close to taking out a parked car…all at about 20 kph. At first, I was annoyed. As the activity continued up the street, I worried about her health. I would have pulled up beside her to get her attention but honestly, I thought I would be sideswiped. Once or twice, she seemed to recognize that she was fighting a straight line and she would zoom forward at 60 kph for a half a block. Finally, she was stopped at a red light. I pulled up beside and was about to honk to get her attention. I realized that, in fact, her attention was elsewhere. She had a nice little cell phone holder affixed to her steering wheel and was busy texting away. That explained a lot. Perhaps she was communicating with her own grandkids, or someone equally more important than any pedestrians on the street might be…

It is pretty shocking how frequently we cross-examine a Defendant in a lawsuit and that bit of inattention to the road they thought they could handle actually caused a distracted driving injury. Many times, a catastrophic one.

Many years ago, I represented a terrific teenager who had been rendered paraplegic because a bunch of friends had been joking around in the car, the driver leaned over to adjust the radio station and his tire hit the curb. The chain of events that followed was catastrophic. The driver wasn’t drinking, he wasn’t a bad driver, he wasn’t being particularly reckless; he was distracted.

Being distracted in any way that causes an accident will usually be considered “negligence” and mean that injured parties (including passengers) will be entitled to compensation.

Sometimes, there is a hesitation to engage in litigation when the injured person or their family know, or at least empathize, with the at-fault driver. We would all understand that the grandmother down our street wouldn’t intentionally cause an accident. I was very clear, even as a Plaintiff lawyer, that the friend of my paraplegic client certainly didn’t intend for my client to spend his life without the use of his legs. None of those considerations should affect whether or not you sue.

Insurance is expensive. We buy it so we are covered in case of an accident. None of us want to injure anyone but if we do, we ought to want the injured party to be compensated. It would be bad enough for inattention to driving to cause an accident. Imagine being responsible for altering someone’s life. People have insurance to cover YOU if you are injured; whether you know them or not.

The car accident lawyers at Robinson LLP have years of experience and can help you if you’ve been involved in a distracted driving car accident. Contact us today to learn more.

Should I Speak to the At-Fault Driver’s Insurance Company?

Wed, 25 Oct 2023 07:48:06 GMT

You are the innocent party in a motor vehicle accident – a victim. Clearly, you have nothing to hide and in fact, would like to get a few things straightened out!

You need treatment, you are off work without income, you have no transportation and your vehicle is going to take a month in the repair shop. Wouldn’t it be great to resolve all these issues?

Your telephone or doorbell rings with the miraculous offer of a quick fix. Indeed, the at-fault insurance adjuster seems to be at your beck and call; able and willing to resolve your many concerns with only a little cooperation from you.

Immediately upon contact from the at-fault parties auto insurance company, you will likely be asked to provide a statement. If you refuse, you will likely be encouraged to chat about the circumstances of the accident or your health. Should you comply?

You think, “Why not, after all, I have nothing to hide.”

Of course, you don’t have anything to hide but the bigger question is: what will be served if you are helpful? Because….make no mistake…you ARE being helpful – to the at-fault driver. You can be particularly helpful by not only providing information but then signing a medical release so your medical records can be accessed. Again, it seems like a very reasonable request and the insurance company is only being helpful to you, right? Wrong.

There is no requirement, much less a legal duty under Alberta law to provide a statement or medical release to the at-fault party’s insurance company. The insurance company is only asking in the hopes of helping themselves defend against your personal injury claim later. The at-fault insurer has a job to do. That job is to minimize the exposure for that insurance company. It’s NOT to help you!

Often, immediately after the car accident, you will receive an initial letter from the adjuster introducing himself or herself and stating that they will close their file if you do not make contact, provide a statement or fill out the medical release form sent along with the letter. Ignore this letter all together! No one cares if an insurance company opens or closes a file. Your claim is only limited by the law in Alberta, which sets out the time required to file a Statement of Claim. There is no limitation for contacting an insurance company because you never actually have to do it. These are simply tactics used by insurance companies to protect themselves.

Even understanding that you don’t HAVE to give a statement, you may wonder why you SHOULDN’T. After all, you have nothing to hide!

While it is true you have nothing to hide, the answer is that adjusters are trained in how to get admissions out of you without you even knowing that you are helping them defend against an otherwise defenseless case. They are good at getting information aimed at minimizing your claim. Please note that nothing you say to help yourself is ever going to be quoted by a party adverse in interest to you. If you say 10 things that help your case and 1 that doesn’t, it’s the 1 that doesn’t that you going to hear about. The 10 are never going to be mentioned. Even questions that seem innocuous may not be…

You may now be thinking, well that makes sense but perhaps the medical release is at least a fair request? Wrong, again. Remember, insurance companies do not do anything to protect your interests. Insurance companies will use an executed medical release to collect every medical record for all past treatment to help begin to build a defense to your injury claim. They may be trying to prove that you suffered from pre-existing conditions explaining why your ongoing symptoms are not related to the crash itself. To top it all off, the insurance company will not even provide you with copies of what they have collected on you. Never provide a medical release to the insurance company. It can only hurt you. The insurance company has no legal right to it.

Your lawyer needs to control the flow of information to the other side. That includes general information, under-oath evidence and your medical records. For this reason (and many others), if you have a serious injury, hire a Personal Injury Lawyer Edmonton with understanding and experience dealing with insurance companies. Talk to one of the lawyers at Robinson LLP BEFORE you take a step that hurts your claim.

For your free consultation, call or contact us online today.

DOES YOUR DOG BITE?

Tue, 24 Oct 2023 16:09:49 GMT

Unfortunately, your dog biting someone is not the only dog bite liability hazard he creates for you as a pet owner. There are many ways in which a pet can cause injury to friends and neighbours. Over the years, Robinson LLP has represented many injured Plaintiffs who have been injured by wayward animals. Examples include:

1.Dog attacks – both on the dog owner’s property and off.

In one particular instance, a client attended a home to look at a vehicle for sale. He leaned down to pet a seemingly nice dog tied up to the front porch. The dog leapt up and grabbed him by the face.

2.Entanglement in the leash of another dog.

For example, we have handled a case in which a dog owner was dragged across a park by his leashed and exuberant hound. The hound was simply trying to play with our client’s dog but the leash wrapped around our client’s feet and pulled her to the ground.

3.Loose animals on the roadway.

Even though the death of a dog or cat on a roadway is tragic for the pet owner, it is often also tragic for the occupants of the vehicle that strike the animal. Animals should not be loose on roadways at any time! At almost any given time, we are working on cases involving livestock on the road.

4. Horseback riding incidents.

We have handled innumerable equine related claims. An unfortunate variety of ills may befall the unwary weekend rider.

Of course, confidentiality prevents us from discussing the details of the many animal related claims we have handled in the past. Suffice to say, if you have been injured by a wayward animal, you may well have an opportunity to collect compensation for your injury. If you have ownership or responsibility for animals, make sure your home or farm owner’s liability insurance is in place. If your animal is responsible for someone’s misfortune, you want to ensure that fair compensation is available and you need to protect yourself from a claim.

Accidents occur in unexpected circumstances. Just when we think we have seen everything, Robinson LLP takes a unique, new case. If you have been seriously injured and you don’t believe it is your own fault, contact Robinson LLP for a free consultation. Compensation may be available.

Should I Sue My Doctor?

Sun, 22 Oct 2023 06:04:50 GMT

Should you?

There seems to be an unhealthy reluctance to avoid holding the medical profession accountable for errors. Yes, I did say “errors”. It would be a rare case indeed where a physician intended to do a patient harm. Does that mean that the doctor should not be accountable to maintain a certain standard of care? Because if that’s the case, how is a patient truly protected in the health care system?

Of course, as lawyers, we have no reservations about commencing action against anyone in the health care system. And, as lawyers, we have heard all your reservations:

“I really like my doctor”

That’s wonderful. Perhaps your doctor even likes you. Your doctor has a fund that covers him when he screws up. That means that if you sue him, the cost of a Defence and any money paid to you in settlement or judgment comes out of that fund. Your doctor will not be shelling out money from his own pocket. If your doctor REALLY likes you, I have no doubt that he will hope that you are compensated by this fund. That’s what it is for after all.

“She didn’t do it on purpose”

Of course not. It’s still a mistake and it will negatively affect your life. When another driver rear-ends your car on a slippery road, it is rarely the case that the crash is a purposeful act. Yet we have no compunction about suing. That’s because there is insurance in place. In that regard, see the comments in the section above.

“If I sue my doctor, will he keep treating me?”

No, he will not. But really, do you want him to?

“I don’t want to turn Alberta into a U.S. style health care system where doctors are leaving in droves because of increasing liability premiums”

First off, doctors in Alberta are not subject to purchasing private insurance and paying premiums as they do in the U.S. They are protected by the Canadian Medical Protective Association. The fees paid include legal protection from lawsuits. In Canada, the damages you can collect for the pain and suffering aspect of your claim have been limited since 1979. That means that your lawsuit is not impacting our health care system in that manner.

“I have no chance of winning – don’t doctors all protect each other?”

There are many fine doctors, usually from other provinces, that will review medical charts and provide unbiased, fair opinions regarding care. There are many doctors who feel a need to help uphold the standard of medical care we aim for in Canada.

“My family will be disappointed in me. My doctor has been caring for all of us for a long time.”

Your family should be disappointed if you have suffered a grievous medical result and do nothing to help yourself.

“Lawsuits are too expensive.”

Lawsuits are expensive. That’s why you need a Contingency Fee Agreement with Robinson LLP. We will carry the costs of your lawsuit until it is concluded. Better than that, our fee is dependent on the success of your claim. Either you collect or we don’t charge a fee.

We can go on and discuss many reservations. The bottom line is that the decision is up to you. We don’t mean to be trite. It really is a serious decision. However, the pros and cons of making it have to do with:

Whether medical negligence is present; and
Whether you have suffered significant enough loss as a result of that negligence to make a claim worth your effort.

If you are the victim of medical negligence , you owe it to yourself to at least get a legal opinion. What you decide to do with that opinion is up to you. However, you should at least make a decision based on the facts of your case , not mere emotion. Someone has got to take care of you…

The Folly of Self-Representation

Sat, 21 Oct 2023 16:12:28 GMT

Recently, I was contacted by an old friend. In fact, she was an intelligent professional who was trying to represent a friend. Well…up until then I had thought she was intelligent… The friend had sustained injuries in an accident almost 2 years prior. I received the call because they were facing a limitation date very shortly. In an attempt to save on legal fees, my old friend had been bending over backwards to supply the at-fault insurance company with information to comply with its every request. No matter what was supplied, it was never enough. Insurance companies are fabulous at helping accident victims blow past their limitation dates. They have gone so far as to book medical examinations after limitations are up—so a poor injured victim gets to a medical waiting room to be told there is no appointment…and no claim. Insurance companies are also fabulous at getting injured victims to supply information that assists the insurance companies to work against them. Remember, that company is adverse in interest to the injured victim. It does NOT have the injured victim’s best interests in mind; the goal is to minimize its own exposure to the claim.

I feel very confident assuring injured victims that they should have legal advice as early as possible. We work on contingency fees. To hire us early doesn’t cost any more, it just provides the benefit of having continually good management. After over 25 years of practice in this area, I can’t tell you how many times I have heard the remark: “I wish I would have called a lawyer instead of trying to handle it myself.” Or: “I was too worried about paying lawyer fees, but I paid for it in the end.”

Wondering how the team at Robinson LLP can help you? Here’s how:

We understand the legal system and help explain your options. We do that from YOUR perspective. Sometimes our advice is to hire us; often it is to wait. Sometimes we even advise that something can be settled on your own. Hear the advice before you decide how to act…
In complicated situations, we send investigators or reconstruction engineers to the scene of your accident to collect evidence and interview witnesses. The earlier we have an opportunity to do that, the better the evidence available to the experts.
We use our resources to prove legal responsibility.
We know how to deal with the insurance companies, so they can’t take advantage of you.
We deal with the paperwork – so you don’t have to.
We help you understand the legal process. To some degree, we also help you navigate the medical process.
We have you assessed by appropriate medical, care and vocational experts so both we and you understand both your injuries AND the ramifications those injuries will have on your life.
We fight to get you the compensation you deserve.
We will give you peace of mind. We can answer your questions.
We have over a CENTURY of specific personal injury experience working for YOU.

Contact Robinson LLP for your free consultation. We would be pleased to assist.

THE PITFALLS OF SOCIAL MEDIA

Thu, 19 Oct 2023 16:15:57 GMT

It used to be a pet peeve of mine that chronic bloggers, tweeters and facebookers feel the need to post daily or even multiple times a day. Good grief! I don’t care what you have for breakfast. I don’t need to see more than a thousand pictures of your cat and PLEASE PLEASE PLEASE spare me the sappy, feel-good life-isms that come with inspirational quotes and pictures of animal babies. Don’t people have work to do?

Fortunately for social media junkies at large, my preferences on this topic seem to be unpopular at best. It would appear that there must be ready consumers for all you wish to post. Otherwise, why would you feel encouraged to continue to do so?

Those ready consumers may be a problem…for every utterance on the internet, there is a potential audience. While this may be innocuous, that is not going to be the case if you are already or are planning to be the Plaintiff in a lawsuit.

Good advice for an injured client: don’t speak to or provide statements to an insurance adjuster representing the at-fault party . Fortunately, that advice is easy to follow. What becomes a problem, however, it that posts to social media are tantamount to making statements to parties adverse to your interest.

You should not be providing relevant information in situations where it may be used against your claim. So what is relevant?

1.The Mechanism of Your Injury

Whether it is a discussion of how a car accident occurred or what happened to you in the hospital, this information will likely help determine fault in your lawsuit. It should not be offered for public consumption.

2.The Nature of Your Injury

The type and extent of injury suffered will comprise a core element of your lawsuit. The Rules of Court provide a mechanism for the dissemination of information to other Parties to the lawsuit. All communication regarding your injury should go through your legal counsel.

3.The Effects of Your Injury

The effects of your injury on your ability to undertake daily routine, both at work and at play, form the basis of the compensation package to which you are entitled. That means again, all communication should pass through your legal counsel.

The upshot: if you have been in an accident or are the victim of medical malpractice, unless you are SURE you do not intend to pursue a legal claim, do NOT comment on social media. Do NOT discuss:

1.Your accident or medical negligence

2.Your physical or emotional well being

3.Your activities of the day, whether work or play

So…in this case, if you feel you MUST blog/tweet/facebook, please go ahead with a sappy inspirational message, a photo of your cat and yes, you may go all out and show the world what you ate for breakfast. At least you won’t be potentially damaging your case.

Pedestrians and Vehicles

Tue, 17 Oct 2023 16:19:55 GMT

Tragically, an accident took the life of a pedestrian attempting to cross Whyte Avenue recently. Whether a pedestrian is walking along the sidewalk, crossing the street or has exited their vehicle following a road accident, an approaching car is a danger. It doesn’t matter who has the “right of way”. In a situation of Pedestrian vs. Vehicle, the Vehicle ALWAYS wins (at least according to the laws of physics). As a pedestrian, you MUST stay proactive. Don’t keep your head down, no matter how hard the snow is blowing. Assume that an oncoming vehicle will not stop and does not see you. Assume an oncoming vehicle will not obey traffic signals until you are clearly persuaded otherwise.

The last statistic I read was that pedestrian accidents made up less than 10% of all injury accidents; but they accounted for a much higher percentage of fatal accidents. Pedestrians are no match for the size, weight, and speed of a vehicle. In a situation of panic, a pedestrian will often move in the wrong direction or freeze up entirely. That is, unfortunately, a matter of reflex.

A surviving pedestrian will often be left with severe and permanent injuries: skull or limb fractures, laceration and road rash, spinal cord or brain damage, to name a few. Drivers have a duty to watch for pedestrians, but pedestrians also need to be alert and aware of their surroundings.

While on foot:

Look both ways before crossing the street
Check to make sure all traffic has stopped when crossing a multi-lane road
Avoid “distracted walking” (texting, talking on the phone, or listening to music) while crossing the street
Wear bright or reflective clothing
Accompany young children crossing the street
Try to cross only at marked crosswalks
Follow traffic signals
Try to make eye contact with drivers to confirm they have seen you
Watch for drivers making turns — they are often more focused on oncoming lanes than on pedestrians

Determining the fault of a pedestrian accident often involves significant investigation — the earlier the better. Unclear circumstances demand that witnesses be contacted and police records be obtained, It is often helpful to involve reconstruction engineers. Again, this process is aided by early involvement. Remember, the insurer for the vehicle is organized to undertake investigations immediately. It is recommended that an injured pedestrian, or the family of a deceased one, try to level the playing field by getting advice and assistance as soon as possible.

No matter what the circumstance, Robinson LLP can investigate the potential merit of a pedestrian accident (in other words, Robinson LLP will let you know whether the fault for the accident is likely to be with the vehicle). In some cases, fault is apportioned between the driver and the pedestrian. Every accident is viewed in its own circumstances. Even when a pedestrian is not at a crosswalk, the “fault” for the collision may lie all or partially with the vehicle.

Our car accident lawyers in Edmonton have significant experience in representing clients with all types of injuries including life-altering or catastrophic injuries that may occur in a pedestrian accident. Robinson LLP has represented injured pedestrians, as well as the families of pedestrians who suffered fatal injuries in accidents in Edmonton and throughout Alberta.

Robinson LLP wants to be involved. We are committed to advancing your case for the best possible liability result with maximum compensation for your claim.

At Robinson LLP, our car accident lawyers in Edmonton understand the loss you have suffered and the barriers to obtaining excellent compensation to cover that loss. We are on your side.

Summer Accidents

Mon, 16 Oct 2023 16:21:39 GMT

Yards, pools, lakeside cottages — summer is a time for getting together with good friends over a few drinks. What happens when those friends drive off intoxicated? What happens when they injure themselves or others as a result of their impaired state? Is the host responsible in law?

This is a question even the leading Court in Canada (the Supreme Court of Canada, or SCC) has considered. In the case of Childs v. Desormeaux , 2006 SCC 18, Desormeaux attended a BYOB party at Childs’ home. He consumed 12 beers over the 2.5 hours he attended the party and then drove away into a head-on collision. Mr Desmoreaux’ degree of intoxication was unknown to the hosts when he got into his vehicle that night. In hearing the case, the SCC held that:

…a social host at a party where alcohol is served is not under a duty of care to members of the public who may be injured by a guest’s actions, unless the host’s conduct implicates him or her in the creation or exacerbation of the risk”

Potentially, that decision also means that there ARE circumstances where a host’s conduct CAN implicate him or her in the creation or exacerbation of risk and in those cases, a host can be considered liable.

As a social host, you need to know that you should always carry good liability insurance for your household. However, as personal injury lawyers, our focus is what that means for an injured person.

What it means is if you have been injured while not on your own property, even if you were at least partially the author of your own misfortune, you MAY have recourse against the property owner. And…the property owner likely has an insurance policy to provide compensation for your loss.

WHAT THAT MEANS TO YOU AS AN INJURED PERSON

If you have suffered a serious injury because you have fallen off a balcony, taken a shallow dive in someone’s pool or off a dock, fallen out of a tree, tripped in a yard or suffered an auto accident after attending a social function and having alcohol, you may have a viable lawsuit. The SCC has left the door open for social host cases. Every circumstance is different. I recommend you contact us and let us explore whether you are entitled to damages for your losses.

Options When the Medical System Fails You

Sun, 15 Oct 2023 06:08:15 GMT

Medical error kills and seriously injures patients daily. Canadians are largely unaware of the extent of medical errors until it happens within their own families. Errors and medical accidents occur at the hands of physicians as well as medical personnel and staff across the industry almost every minute of the day. Many of those mistakes are immediately recognized and corrected, resulting in little or no fall-out to the patient. Other patients are not so lucky…

Despite the significant number of patients who suffer from death or significant injury, very few commence lawsuits aimed at compensating their losses. Our informal research reveals 3 major reasons for this reluctance:

Social reluctance – the patient feels that the medical provider did her or her best to treat them and any injury was not purposefully inflicted;
Inability to find good counsel who will embark upon medical negligence litigation; and
Concern that the physician will no longer treat the patient.

Social Reluctance

When a driver has stopped for a red light and is rearended by a vehicle approaching a little too quickly from behind, a lawsuit ensues. The “at-fault” vehicle’s insurance pays for the stopped vehicle’s damages. That is how the law works. No one suggests that the “at-fault” driver purposefully plowed into another vehicle. An accident is usually the result of a lapse in judgment, mistake or insufficient training.

A medical mistake is no different. By commencing litigation against a health care provider, the patient is not suggesting malicious intent. That would turn malpractice into a criminal act. It is simply the case that if a patient is injured or killed by a mistake, the patient or the patient’s family is owed compensation for the loss or damages resulting.

Doctors and hospitals in Canada are covered by funds that anticipate defending and paying out claims for negligent conduct. The money to pay for a claimant’s damages does not directly come out of the health care provider’s pocket. As a daily driver on Canada’s roadways, I can advise that if I make an error in judgment and seriously injure someone, I WANT my insurance to pay out! That’s why I purchased premiums. In the same manner, I would be surprised if many doctors did not feel the same away about their patients who have suffered the ill effects of poor medicine.

Finding Counsel

It is difficult to locate counsel who work in the field of medical malpractice. It is meticulous and specific work however, we are “out there” and most good firms will at least know someone they can refer to.

No Longer Having a Doctor

It is the case that once you sue a doctor, they are unlikely to allow you to remain a patient. That is an unfortunate repercussion. However, it is also often the case that a care provider who has failed you is reluctant to treat you further even without a lawsuit. And if they are not, perhaps they should be…can you be assured that further decisions will not be impacted by a desire to “right the wrong” previously done or perhaps even to cover it up? The bottom line is that it is best for a patient to have a fresh and objective perspective no matter what.

Medical Malpractice in Alberta

Provincial medical Colleges are supposed to discipline doctors who consistently violate standards of care and do not put patients’ safety first. However, we have discovered that many such doctors are not disciplined or have very limited repercussions. In many cases, the unsubstantiated explanation of a physician is considered sufficient to close down a complaint. Although some physicians may lose privileges to practice at their hospital, they often simply to gain privileges at another hospital. Patients who have been injured are placated by the thought that the situation will change by making a simple complaint and they are surprised to find out that it does not.

If the medical system has failed a patient and significant loss has resulted, a civil lawsuit is the only means by which the patient is going to receive a compensation package aimed at “righting the wrong”. Damage awards in civil litigation cases will cover lost income, including future losses, cost of care, damages for pain and suffering, out of pocket expenses and other damages. There is no other known mechanism to ensure that wronged patients receive financial care.

When the medical system fails a patient, fixing the mistake medically is not always an option. The only other option that makes sense is financial compensation by way of a medical malpractice lawsuit .

Do You Have a Good Medical Malpractice Case?

Sat, 14 Oct 2023 06:11:47 GMT

It is impossible to provide a list of the types of malpractice cases that are good or bad. Every circumstance is unique and needs to be considered on its own merits and facts. Before giving you an opinion as to whether your own circumstance amounts to a “good case”, we must carefully investigate. Since medical malpractice cases are so expensive and time consuming to pursue, we will only recommend that you take an action if you have a good chance of being successful. In order to be successful, you will have to prove that a health care provider acted in a negligent manner and that the negligence led to a negative result.

An initial investigation to determine the merit of the liability situation (that is, was someone negligent?) will first require that we obtain all relevant medical records. We will carefully review those records and then provide appropriate experts with copies along with questions we need answered about the care you received. When we have an expert opinion, we will be able to sit down with you and have a meaningful discussion as to whether a lawsuit is recommended. Together, we can make the decision of whether or not your circumstance will amount to a viable lawsuit. Obviously, if we go ahead with a lawsuit, we will likely have to rely upon additional experts as the case progresses.

We also rely upon experts to help establish that the negligent conduct was the actual cause of the injuries complained of. Sometimes this is obvious, and sometimes not. For example, in cases involving negligent delay in the diagnosis of cancer, it may be easy to establish that the defendant neglected to order appropriate testing or misread a diagnostic test. However, it may be hard to establish that the patient would have survived if only the cancer had been diagnosed a few months earlier. It could be the case that despite incompetent medical treatment, the outcome for the patient was not affected. Complicated medical questions arise such as the specific stage of the tumour and its type. What size was it? What was the cancer cell doubling time? How far had it already spread when the misdiagnosis occurred? As a Plaintiff in a lawsuit, it is your burden to prove that the negligence actually caused any injury, and if so, how much injury was caused by that negligence.

Another issue we will address is whether the case is economically justifiable. To pursue a medical malpractice case, Robinson LLP may spend as much as $50,000 to $100,000 in out-of-pocket expenses plus countless hours of time. Although we work on Contingency Fee Agreements and will front the disbursement money, we need to know that you will collect damages for your losses. You will spend some amount of time pursuing the matter and you may find it somewhat stressful; that means it must be worth your while to embark on the litigation journey. This is not always the case, even in cases involving clear negligence. For example, a potential case may involve a temporary misdiagnosis of a medical condition, with the correct diagnosis eventually being made. If there are no significant permanent injuries, then we would probably not recommend that you pursue the case. In that circumstance, the upside of winning would be too small to balance the downside of losing. That means that sometimes, legitimate small damage malpractice claims may be inappropriate lawsuits because the risk of losing, the disbursement and time cost to the lawyer, and the potential benefit to the client, simply do not justify a lengthy, expensive legal battle.

There are many aspects to investigate and consider when deciding whether you have a good case or a case worth pursuing in the legal arena. Robinson LLP can help you make an educated, intelligent decision as to whether you should proceed with a medical malpractice lawsuit.

Ski and Snowboard Accidents

Fri, 13 Oct 2023 16:26:21 GMT

It’s hard to think of an Alberta winter without considering snowsport adventures. Whether you are skiing or snowboarding, injury can occur. Unfortunately, the more participants there are on the hill, the more common serious ski injuries are becoming.

Skiing injuries can be devastating, and even deadly to victims. Every year, a handful of skiers are killed or seriously injured in Alberta’s mountains.

When injuries occur at ski resorts, it raises unique legal issues about the assignment of responsibility for damages. Responsible parties might be any of:

Ski resort
Ski resort employees
Other skiers
“Pedestrians” crossing the hill
Equipment manufacturers, maintenance companies, and operators

Robinson LLP has successfully handled cases on behalf of the victims of ski accidents in the past.

If you or a family member was seriously injured or killed in a skiing accident, call Robinson LLP as soon as possible. We would like to give you the advantage of letting us obtain early evidence.

FAQ:

1. How do we determine who is at fault for my skiing injuries?

This is often the most complicated question and it is always completely dependent on your circumstances. It may be the case that your injuries are the fault of the ski resort, equipment manufacturers or owners, other skiers, or someone else entirely. The ski hill may be partially or completely protected by the liability waiver that forms a part of your ticket…but it may not. It is important that you give us an opportunity to explore this question before you make the decision of whether or not you have a viable action.

2. What if I was crashed into by a friend and I don’t want to sue him?

In many cases, your friend will have insurance coverage. If the fault lies a skier on the hill, their home owner’s liability policy may cover their losses.

3. What kind of damages can I claim?

Your damages depend upon your individual case. You may be able to recover damages for your pain and suffering and loss of amenities of life, past and future care expenses, lost wages, loss of future income, funeral expenses, housekeeping losses, out of pocket expenses, and other damages, as applicable.

4. If I am skiing, am I not accepting the risks?

There are risks inherent to skiing and snowboarding. These activities are known to come with certain risks of crashes. The very nature of the sport makes certain types of injuries almost unavoidable. To some extent, you are responsible for your own safety on a ski hill.

However, in many cases, injuries are not caused by the inherent risks of the sport, but by the negligence of someone else. Examples include where someone else runs into you from the side or behind, accidents caused by improperly marked areas and where you have rented defective or malfunctioning equipment.

If you have been injured in a skiing or snowboarding accident do not hesitate to contact Robinson LLP today.

Time Limits On Personal Injury Claims

Wed, 11 Oct 2023 16:29:09 GMT

A time limit exists for every potential lawsuit in Alberta. Very generally speaking, you have 2 years in which to actually file a formal lawsuit for a personal injury claim. Of course, as is typical with the law, there are innumerable exceptions to that rule. Robinson LLP works on a contingency fee basis. That fee is not increased if the firm is hired earlier, rather than later. It just makes sense to obtain legal advice AS SOON AS YOU ARE AWARE YOU MIGHT HAVE A PERSONAL INJURY CLAIM. We can provide information regarding the time available to you to commence an accident claim as well as other invaluable information necessary for you to determine if, and when, you should consider retaining counsel.

Our Latest Joint Venture Case

Tue, 10 Oct 2023 07:57:30 GMT

We were recently successful in a lawsuit launched on behalf of a brain injured young man who was a passenger in a vehicle that went out of control while participating in a street race. Clearly the driver of the vehicle that crashed was to blame for this accident, but what about the other vehicle involved in the street race?

This other vehicle never impacted the car that crashed, neither did it swerve towards or encroach in any way into the lane of the crash vehicle.

However, we successfully argued that this other vehicle was also to blame on the basis that the drivers of both vehicles, explicitly or implicitly by their actions, agreed to race and encouraged each other to race reaching speeds of in excess of 100 kmh. Clearly this was a dangerous and unlawful activity that created a significant risk of an accident such as the one that, in fact, occurred.

We also argued that the other driver, by helping to set this street race in motion, was part of a joint activity or joint venture which was both risky and illegal resulting, we claimed, in both vehicles being to blame for our client’s injuries. In tort law or negligence law, a “joint venture” is when all the parties acting in pursuance of a common end are responsible for the entire result, even if they did not physically participate in the injurious act.

Our successful joint venture argument was exceedingly beneficial for our client who received a very large settlement.

Can a passenger claim in a car accident?

Sun, 08 Oct 2023 16:30:30 GMT

Passengers in car accidents always have a potential personal injury claim, if they are injured. A passenger in a car accident can make a claim against any or all of the drivers involved in a collision. This is the case even if the passenger is a friend or a family member of any of the drivers. Motor vehicle insurance covers the drivers involved and will pay for the claims of all injured people, including passengers.

Robinson LLP has years of experience representing victims in car accident claims. We’re here to listen. Contact us to book a free consultation and discuss your specific circumstances.

Who can make a personal injury claim?

Thu, 05 Oct 2023 16:33:31 GMT

Anyone who has suffered injury or loss due to the fault of someone else can make a personal injury claim. Although the most typical personal injury claims arise as a result of motor vehicle accidents, many people who suffer “mishaps” are unaware they may have a claim. If an injury has been suffered, there are many situations which merit an accident claim:

If you have fallen:

Are conditions slippery?
Has someone or something preventible created a hazard?
Is a change in terrain inappropriately marked?
Has the building code been met?
Is there something that takes your attention away from your feet?
Has a tripping hazard been created by a curled rug, item left on the floor or other situation?
Did someone or something knock you off balance?

If you have been injured by an animal:

Was the animal on the loose?
Were you warned that the animal was dangerous?
Were you “invited” to the premises where the animal resided?
If a personal injury is caused in a supervised activity:

Were you provided proper equipment?
Was appropriate instruction provided?
Was the activity suitable for someone of your ability, stature, strength, fitness, etc.

You are eligible to commence a personal injury claim if you have suffered a real injury and a case can be made that someone else was at least partially responsible for that injury. If you think you MIGHT have a potential accident claim, don’t hesitate. A consultation is FREE. Call or email and find out if you have a claim.

Not Enough Insurance?

Tue, 03 Oct 2023 16:36:02 GMT

What If The Person Who Injured Me Doesn’t Have Enough Insurance to Cover My Injuries?

Although it is the law in Alberta for motorists to carry a minimum of $200,000.00 in liability insurance , there are two major problems:

1. Some people still drive without insurance

2. The damages caused by some injuries will exceed that $200,000.00 minimum

This is why insurance companies sell “Family Protection Endorsements,” also known as “SEF 44 Endorsements .”

By purchasing this endorsement on a motor vehicle insurance policy, consumers expect their own insurance companies will step in to cover any shortfall when members of their family are injured by drivers without sufficient insurance to cover their losses.

When you buy this coverage, you are in control of the limits, depending on how much you want to spend. But actually obtaining coverage through this policy can be particularly challenging , as the law is constantly changing.

A recent 2012 Ontario Court of Appeal decision, Roque v. Pilot Insurance, underscores the importance of promptly notifying SEF 44 insurers of potential claims against the SEF 44 endorsement as soon as injured victims have an inkling that their claim may exceed the Defendant’s insurance limits.

Our team of Edmonton personal injury lawyers regularly review the state of the law, and the implications that court decisions across Canada may have on our clients’ rights to recovery for damages.

Having one of our accident injury lawyers on your side means that you have an advocate who knows what the law expects of accident victims.

Don’t sell yourself short. Tapping into your SEF 44 endorsement can make a huge difference to your injury compensation, and our Edmonton accident lawyers know just how to do it.

Statement of Claim – Tainted Breast Milk

Mon, 02 Oct 2023 15:35:44 GMT

Robinson LLP has filed a Statement of Claim on behalf of a family whose infant son was accidentally fed the breast milk of a Hepatitis C+ woman at an Edmonton Hospital.

http://edmonton.ctvnews.ca/edmonton-family-sues-after-infant-was-allegedly-given-tainted-breast-milk-1.1118808

Injury Claims

Sun, 01 Oct 2023 16:39:49 GMT

Anxious to Settle Your Claim?

Are you anxious to settle your injury claim? Don’t be too anxious! Many factors dictate how long it takes to resolve your claim and, as such, it is not always easy to predict at the outset. At a minimum, settling your claim will take as long for your lawyer as it takes you to either get better or for your health to stabilize. The doctors refer to this as reaching “maximum medical improvement.”

In estimating the value of your claim, two of the primary factors that will affect the value of your claim are the duration of your injury and the magnitude of any permanent impairment. For this reason, it is crucial that your injury lawyer wait for maximum medical improvement before trying to assess your damage claim. If settlement is attempted too early, it is possible that long-lasting or permanent injuries will not have been properly considered.

General Damage Claim

Many accidents result in personal injuries that will fully resolve without permanent effects. If this is your situation, your lawyer will need to take into account the duration and severity of the injury and the impact it has had on your ability to enjoy your normal activities of living. This assessment is referred to as your general damage claim, and it should reflect the magnitude of your pain and suffering and your loss of enjoyment of life. Clearly, in order to properly assess general damages, your lawyer must wait until you have recovered or stabilized for a full understanding of your damages.

If your injury impacts your ability to work, and specifically if your income decreased as a result of time away from work or decreased productivity at work, then this loss of income must be taken into account in assessing your claim. In Alberta, for injuries caused by motor vehicle accidents , your income loss claim is calculated by looking at decreases in net “after tax” income after taking into account all other sources of income replacement, such as disability plans or motor vehicle accident insurance benefits. One of the strange things about the law of Alberta is that the rules regarding calculation of income loss would be different if your injury was not caused by a motor vehicle accident. If you are left with a permanent injury that decreases your ability to work, then this could result in a future loss of earnings. Your permanent impairments must be assessed and understood for you to claim a future loss of earnings. This level of permanent impairment cannot be assessed until your injuries have stabilized and maximum medical improvement has been reached.

Once you have reached maximum medical improvement, aside from the pain, suffering and loss of income, your lawyer should consider the effect of your injury on your ability to perform your usual household chores, any out of pocket expenses you have incurred in seeking treatment, as well as the costs of any future care you may require.

Delays

Even after your injuries have fully stabilized, there are many other issues that can arise in any given claim, which may extend the period of time necessary to reach resolution. These issues usually revolve around the nature of the accident and the injury itself. For example, if liability for the accident or causation of the injury is in dispute, early settlement of a claim can be difficult. In car accidents, the other driver may have a very different story to tell about how the accident occurred. This may be true even when liability seems obvious at the scene.

Other issues that can delay resolution include disputes as to whether an injury was caused by the accident or whether it was a pre-existing condition. It may also be suggested that the injured party did not take proper care for his or her own safety. This is referred to as contributory negligence.

With so many variables, it is difficult to provide a firm answer as to how long a personal injury claim takes to settle. Each case will be unique and require expert assessment, with full knowledge of the extent of the claimant’s injury. In the end, it takes both parties to agree on all of these issues in order to reach a settlement. What your lawyer can do, and what we will do, is ensure that these issues are dealt with as they arise, putting the best possible case forward to overcome all hurdles, while taking the necessary steps to move the file forward toward resolution.

Edmonton Injury Lawyers

Let us tackle the legal challenges so you can focus on what matters most – your recovery! Contact Robinson LLP today for a free personal injury consultation.

Medical Malpractice: How do you know if you have a case?

Sat, 30 Sep 2023 06:12:55 GMT

At Robinson LLP, we carefully investigate the viability of a lawsuit before giving advice that you should march ahead with it. In order for you to be successful with a lawsuit, you first have to show that you were treated in a manner that was negligent or below the standard of care required for the type of treatment dispensed. Once you have shown that your treatment was substandard, you also have to prove that this lack of care actually caused your ongoing problems/disability. For example, even though your family physician may ignore your symptoms and fail to diagnose a cancer, if that cancer is discovered and diagnosed a short while later, the outcome may be the same. It might not have made a difference to your health that the diagnosis was delayed. In this instance, you would have no damages resulting from the negligence of the family physician.

Prior to giving a recommendation to take legal action, we obtain your medical records and have an expert review them in order to give us an opinion as to whether there has been negligence AND whether that negligence resulted in a negative outcome. We need this information to be able to give you solid advice to proceed. This step will also help form a solid foundation for your medical malpractice lawsuit as a whole.

Edmonton Journal: City man wins malpractice suit six years after his death: Doctor negligent for not properly diagnosing colon cancer.

Thu, 28 Sep 2023 06:16:52 GMT

EDMONTON – When Aaron Lindahl saw the sick man on the court videotape — one month left to live, stomach distended from liver cancer, face gaunt after losing 55 pounds — he asked his mother who the man was.

“It’s your dad,” said Jocelyn Lindahl.

“Is he talking to us from heaven?” asked Aaron, who was one year old when his father died of colon cancer in March 1999.

Almost six years later, the Court of Queen’s Bench has ruled that Dr. Terry Milton Olsen was negligent for not properly diagnosing Grant Lindahl. Without sending him for further tests, the doctor repeatedly insisted Lindahl had hemorrhoids and told him to take Preparation H.

Lindahl was 36 when he died from cancer.

Had the disease been caught after that first visit to Dr. Olsen in February 1997, it would likely have been completely treatable, said Ed Robinson, the trial lawyer for the family.

In his 89-page written decision dated Sept. 2, 2004, Justice Jack Watson wrote: “Grant Lindahl would probably have survived even Stage III cancer on proper medical intervention. … I find that Dr. Olsen’s negligence substantially contributed to the death of Grant Lindahl.”

Olsen continues to work as an emergency room doctor in the Edmonton area, Robinson said.

Jocelyn Lindahl has received an undisclosed settlement, agreed upon before the three-week trial ended in March 2004. The large claim awarded damages to the Lindahl family and helped cover financial loss to Jocelyn and her three sons, now ages seven, 14 and 18.

“Their dad did this for them,” said Jocelyn Lindahl, 40, who said her husband was devoted to his children. He regularly kicked a soccer ball with them, and went fishing with them on camping trips.

“A doctor tells you something and you never think to question,” she said. “Grant rarely got angry. In a way, he was kind of angry with himself. (He would ask) ‘Why didn’t I keep questioning?”

He had experienced hemorrhoids before, but the bleeding that began in 1997 was unusual. Despite questioning his doctor’s diagnosis — even arguing in the doctor’s office — Lindahl followed the advice.

“I had already spoken to two doctors about it and felt their word must have meant something,” he said in the videotape played at the trial. “I believed in what they had told me. I trusted their word … that I should continue on with the treatment of Preparation H.”

“This could be you,” warned Carol Frieser, a lawyer who helped represent the Lindahls. “He’s assured. It’s what everyone wants to hear. ‘Thank God.’ … (But) if you have concerns about yourself, have a second opinion. Insist on testing. It’s important doctors in Alberta understand they are accountable for the decisions they make.”

Grant Lindahl first went to Dr. Olsen in February 1997 after he noticed blood in his stools. He returned three-and-a-half weeks later and argued with the doctor, saying he didn’t think he had hemorrhoids.

In June 1998, Lindahl doubled over in pain while working as a landscaper. He went for a doctor’s appointment at the same clinic. Test results from a barium enema set off alarm bells, but Dr. David Hasinoff, who was not found negligent, downgraded the urgency of a colonoscopy.

When the procedure was finally done in August 1998, it confirmed the seriousness of the situation. Lindahl underwent colon surgery later that month, but never recovered. The disease spread to his liver, pelvis and lymph nodes and he died on March 30, 1999, after starting court action.

Edmonton Journal

Saturday, January 8, 2005

Page: A1 / FRONT

Section: News

Byline: Jodie Sinnema

Dateline: EDMONTON

Source: The Edmonton Journal

Idnumber: 200501080209

Edition: Final

Story Type: News

Length: 586 words

Keywords: LAWSUITS; PHYSICIANS; NEGLIGENCE; MALPRACTICE; CANCER; EDMONTON; ALBERTA

Illustration Type: Colour Photo

Illustration: Colour Photo: Supplied / Grant Lindahl

Medical Negligence | Cooper v. Dr. Flood, Alberta Court of Appeal Decision, 2016

Wed, 02 Aug 2023 12:10:43 GMT

For anyone who has suffered the results of medical negligence , they have no doubt discovered the “white wall” that is put up to prevent successful lawsuits. At Robinson LLP, only a small percentage of cases actually go to trial. The overwhelming majority of our medical malpractice cases end with a successful settlement.

Unfortunately for the public at large, settlements are always made with a “gag order” (or the Plaintiff’s agreement to keep the terms silent). As a result, news of successful cases is few and far between.

That’s why we are so pleased to be able to talk about the Cooper case, a case of medical malpractice in Edmonton.

On November 18, 2016, the Alberta Court of Appeal released its decision in Cooper v Flood, 2016 ABCA 365. Mrs. Cooper went to the Royal Alex Hospital for a surgical TVT procedure that she understood was going to be performed by Dr. Catherine Flood. Dr. Flood decided to let her 4th year resident, Dr. Kimberly Liu, perform the procedure. Dr. Liu managed to perforate Mrs. Cooper’s bowel and she suffered a life-threatening infection.

In June 2015, the team at Robinson LLP successfully represented Mrs. Cooper in the Alberta Court of Queen’s Bench. After hearing all the evidence, the trial judge found that Dr. Flood and Dr. Liu had not performed the procedure properly and had breached the standard of care expected of a reasonable skilled doctor.

The trial judge’s decision was appealed by the doctors to the Alberta Court of Appeal. The doctors’ main argument was that the trial judge had misunderstood the original facts of the case and that the surgery had been performed properly. They stated that since the surgery was “blind,” and the doctors could not see what they were doing, there was no way to prove that there were no other causes of injury to Mrs. Cooper. They blamed the bowel puncture on factors outside of the doctors’ control such as an anomaly in Mrs. Cooper’s anatomy or previous surgical scars.

In the unanimous decision, the Court found that the trial judge had gotten it right. The Court stated that the trial judge had correctly interpreted the facts and that Dr. Liu, under the supervision of Dr. Flood, had performed the TVT surgery below the standard of care. They found that based on the evidence, both doctors were responsible for perforating Mrs. Cooper’s bowel. The Court concluded that Mrs. Cooper and her counsel had successfully shown that there was no other cause of her injury, and that the only plausible explanation for the bowel puncture was that the surgery had been done incorrectly.

Thanks to the findings of the Court of Appeal, and the hard work of the lawyers at Robinson LLP, Mrs. Cooper and her family can finally rest at ease knowing that they have been vindicated. This decision was a major victory for victims of medical malpractice in Edmonton and will help to ensure that Doctor’s in Alberta remain accountable to their patients.

Click here to view the full Cooper case report: Cooper v. Dr. Flood, Alberta Court of Appeal Decision, 2016

The Robinson LLP Award of Excellence in Dressage 2016

Thu, 01 Sep 2022 12:01:49 GMT

Robinson LLP is pleased to present the annual “Award of Excellence in Dressage” for outstanding show results.

The yearly winner will receive their name on a trophy displayed in the Robinson LLP Building, a crystal trophy and $1,000.00.

The award is made at the conclusion of the EAADA ‘s Annual Sparkle and Spurs Gold Show at Amberlea Meadows just outside of Edmonton, Alberta, and is open to Amateur and Junior competitors only.

Criteria

No previously winning rider/horse/level combination can apply for this award;
The winner will have the highest average of any 3 Equine Canada sanctioned Gold Level shows;
The last of the scores submitted must be from the EA/ADA Sparkle and Spurs Show;
Results must be submitted from 3 separate shows;
The top 2 scores must be submitted prior to entries closing for The Sparkle and Spurs Gold Show;
Bonus Points will be added to the average score as follows:

First Level and Children’s FEI – percentage will be as calculated
Second Level – total average percentage will be INCREASED by 1%
Third Level – total average percentage will be INCREASED by 2%
Fourth Level – total average percentage will be INCREASED by 3%
PSG, I1, I2 and GP – total average percentage will be INCREASED by 4%
JYR and YR – total average percentage will be INCREASED by 2%

Walk/Trot, Training and the FEI young horse classes are ineligible.

Register for the Robinson LLP Award of Excellence in Dressage

To register for our Award of Excellence in Dressage, please fill out the form below:

Robinson LLP Award of Excellence in Dressage Winners

Meet the winners of our annual Award of Excellence in Dressage.