Jun 17, 2019 | Litigation
A ‘Questioning’ is an opportunity for the lawyer for the other driver’s insurance company to ask you questions about the collision, your injuries, treatment and recovery (or lack thereof). There are two primary purposes for the Defence lawyer to Question you. The...
Jun 4, 2019 | Litigation, Personal Injury
An Affidavit of Records is a sworn document that sets out all of the ‘relevant and material records’ of the Plaintiff. The Plaintiff is required to provide the Affidavit of Records to the lawyer for the Defendant within 3 months of having received the Defendant’s...
May 28, 2019 | Litigation
Early in the litigation process a decision must be made on whether to deal with an insurance adjuster or insist on a Statement of Defence. Under the Rules of Court, a Statement of Defence must be filed and served on the Plaintiff within (with some limited exceptions)...
May 21, 2019 | Litigation
Once you have filed your Statement of Claim (within two years of the date of your accident), the next deadline that you face under the Rules of Court, is that you must ‘serve’ the Statement of Claim on all of the people/companies that you have named as Defendants in...
May 16, 2019 | Litigation, Personal Injury
A ‘Statement of Claim’ is a relatively standardized document that contains the basic facts relating to your accident (time, date, location, parties involved, type and model of vehicle, description of how the collision occurred, type of injuries suffered, type of...
Apr 30, 2019 | Personal Injury
If you are involved in a motor vehicle accident with a wild animal and you have suffered injuries ensure you report the accident to the local police service. Things to prepare for include moving your vehicle off the road and turning on your hazard lights. If the...
Apr 22, 2019 | Litigation
The reference to ‘Costs’ or ‘Court Costs’ during settlement discussions is typically a reference to a sum of money that would be calculated under ‘Schedule C’ in the Alberta Rules of Court. Basically everyone who successfully brings a legal claim is entitled to...Apr 16, 2019 | Litigation
I’m often asked this question. The most reasonable reply is ‘it depends’. My practice is to get involved in settlement discussions only when my clients have reached ‘maximum medical improvement’ (MMI). This will be when your treatment providers (and you) are satisfied...
Apr 3, 2019 | Personal Injury
‘WAD’ stands for ‘Whiplash Associated Disorder’. In its simplest terms, if you suffer an injury to your muscles or ligaments that can be described as a ‘sprain’ or a ‘strain’ you will likely be described (typically by a physiotherapist) as being a WAD 1 or WAD 2. This...