Ask The Lawyer
Weir Bowen is an Edmonton-based law firm. Their lawyers have represented clients across Alberta, B.C., and the Northwest Territories… and have been counsel in precedent setting cases up to the Supreme Court of Canada.
Ask the Lawyer is heard the last Saturday of the Month on CFWE North & CJWE South in Alberta, Canada. For details visit https://cfweradio.ca/ & https://weirbowen.com/
Ask The Lawyer
Motorcycle Injury Litigation (March 2022)
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In the March edition of “Ask the Lawyer”, host Warren Berg welcomes Shelagh McGregor and Cynthia Carels from Weir Bowen LLP in Edmonton. They discuss Weir Bowen's extensive legal experience across Alberta, B.C., and the Northwest Territories, including landmark cases at the Supreme Court of Canada. The conversation highlights the firm's recognition in the "Best Lawyers in Canada" list, earned through rigorous peer reviews, emphasizing their commitment to excellence and approachability. They focus on navigating motor vehicle accidents, emphasizing early legal consultation for accessing entitlements and protecting rights.
Ask the Lawyer is heard the last Saturday of the Month on CFWE North & CJWE South in Alberta, Canada. For more information visit www.weirbowen.com & cfweradio.ca
Weir Bowen - “Ask The Lawyer”
March 26, 2022
Good morning, and welcome to the March edition of ASK THE LAWYER, across Alberta on Windspeaker Radio… CFWE and CJWE.
I am your host, Warren Berg.
Joining us this month again are Shelagh McGregor and Cynthia Carels of Weir Bowen LLP in Edmonton.
SLM – Nice to see you again Warren
CPC – Great to be back with you for another show!
Weir Bowen is an Edmonton based law firm, however their lawyers have represented clients across Alberta, B.C., and the Northwest Territories… and have been counsel in precedent setting cases all the way up to the Supreme Court of Canada.
SLM – Yes – all of us at Weir Bowen have benefitted from the tremendous legacy of the firm’s founding partners… and the many amazing lawyers who have been attracted to the firm ever since
CPC – It definitely bears repeating that Weir Bowen has a fantastic roster of lawyers… who have repeatedly been voted by their peers in the broader legal community… to the “Best Lawyers in Canada” list year after year.
What does it mean to be on the “Best Lawyers in Canada” list? Is there an actual list somewhere??
SLM – there actually is!
Back in the 1980s, two graduates of Harvard Law School developed a system to collect “peer reviews” of the Best Lawyers in America…, over the years they have expanded that list internationally.
Honestly, it can be so hard for members of the general public to figure out who is a “good lawyer”, let alone who OTHER lawyers will respect. So over the years, the Best Lawyers organization has developed a rigorous peer review survey, that is administered every year, to elicit meaningful evaluations for the quality of legal services provided by individual lawyers.
CPC – The first publication of Best Lawyers in America was published in 1983, and it took a few years to work out the methodology, before they expanded to the United Kingdom. In 2006, the first “Best Lawyers in Canada” list was published, and now they run these programs in 75 countries worldwide.
So, how do you get on the Best Lawyers List?
SLM – you actually have to be nominated. And then your nomination is subjected to peer review by other lawyers who have already been recognized by the publication. The candidates also have to be in good standing with their local bar associations or law societies, so everyone on the list has been fully vetted.
CPC – We are pretty proud to have SEVEN of our lawyers on the Best Lawyers in Canada list this year… including the amazing Shelagh McGregor, sitting right next to us, who received the exceptional distinction of “Lawyer of the Year” for 2022, in personal injury litigation… so she’s kind of a big deal!
And yet, Shelagh, you always seem to be so approachable and down to earth!
CPC – she is! As are all of our lawyers at Weir Bowen… as well as the staff. We really have a great team of staff supporting all the work we do.
But speaking of “approachability”… that is one of the big reasons why we also like to do a show like “Ask the Lawyer…” Because we know that trying to figure out who to call when you need legal advice, can also be extremely intimidating.
SLM – While most people want “The Best Lawyers” on their side… they also want to find someone they will feel comfortable working with…
The kind of work we do – particularly with personal injury claims – is VERY personal. We will be looking at:
- Medical records
- Psychological records
- Tax Returns
- Employment files
- School records
- And all sorts of other private information that might be relevant to your claim.
So – speaking of personal injury claims… what are we going to be focusing on today?
CPC – Well, as we head into spring, there are all sorts of reasons why our phones light up at this time of year…. But motor vehicle accidents are a really big one, so we thought we would dedicate today’s show to MVA claims.
What makes the Spring such a popular time for motor vehicle accidents?
SLM – there are so many reasons:
- Unpredictable weather
- Freeze/ thaw cycles
- Gigantic potholes
- Dirty windshields impairing views
- The angle of the sun
- Longer hours of daylight
- More pedestrians out and about
CPC – And don’t forget the re-emergence of motorcycles and scooters on the roadway, when we haven’t been seeing them for 6 months!
Unfortunately, some of the most tragic cases I have had over the years involve motoryclists during this “shoulder season” – when we have a magical spring day, but the roads are still really sketchy, and other drivers aren’t yet on the lookout.
So let’s start with motorcycle accidents specifically then… are they more challenging than other kinds of collisions?
SLM – They are definitely challenging in their own way:
- Starting with liability issues
- Insurers like to allege contributory negligence
- Speed is often a factor
- Move unpredictably
- Hard to see
What do you do if an insurance company wants to blame your client for contributing to the accident?
CPC - The sooner we are involved, the better
- Gathering evidence from independent witnesses
- Attending the scene – especially if the markings are still visible on the roadway
- Getting independent inspections done of vehicles before they are fixed or sent to scrap
- Recruiting accident reconstructionists to help us piece together what happened
What is an accident reconstructionist?
SLM – Accident reconstruction is a specialized field that involves a lot of physics and engineering expertise
- If an accident is serious enough, the police may even close a roadway to bring out an accident reconstructionist of their own to:
- Take measurements and photographs
- Document the final resting places of vehicles and other physical evidence:
- Liquid spills
- Fractured glass
- Skid marks and scratches on the road
- Physical damage to infrastructure like guardrails
- Gather evidence about the condition of the roadway, and possibly even conduct friction tests on the road surfaces before the conditions change
CPC – But we can also hire private accident reconstructionist as well, and in tricky liability situations we frequently need to get private experts involved:
- Not all accidents are attended by the police reconstructionist
- We may need assistance with de-coding what the evidence shows
- We need their help with figuring out what we “don’t know”
- If we go to trial, we will also want to have an expert of our own to give opinion evidence in court,
Is liability the only thing that makes motorcycle accidents so challenging?
SLM – unfortunately, no
- The magnitude of injuries is also a factor:
- Exceptionally vulnerable on a bike vs. in a car
- No seat belts
- No airbags
- No vehicle frame
- Bikers can be catapulted into the air
- Dragged under vehicles with little protection, depending on what they are wearing
CPC – I had an absolutely devastating motorcycle case where a young woman was riding as a passenger on the back of her boyfriend’s bike, just wearing flip flops and a sun-dress… even though she was wearing a helmet, the rest of her body was terribly vulnerable.
And of course when we are speaking about complex injuries arising from motorcycle accidents, we can’t overlook concussions and traumatic brain injuries.
SLM – yeah, helmets are a huge factor in motorcycle accidents. I am sure every personal injury law firm in Alberta has a collection of damaged helmets in their file room
Let’s talk about helmets for a minute… how effective are they?
CPC – I wouldn’t want to be in a motorcycle accident without one… but a lot of damage can still be done, even when bikers are wearing the best helmets money can buy:
- Talk about traumatic brain injuries
- Cognitive impairments
- Memory
- Concentration
- Learning
- Word finding
- Sensitivity to light and sound
- Vestibular and balance problems
SLM – Properly assessing and treating concussions, also called mild traumatic brain injuries, is a huge challenge. Concussions generally don’t show up on traditional imaging, even on the all too elusive MRIs. Although there is a lot more research being done, the brain is such a mysterious and complex organ. That being said, we go to different experts who are researchers and lead the way in concussion assessment and treatment:
- SLM: Newer technology of Spect scanning overseen by a neurologist, which can show areas of decreased blood flow in the brain, which correlates with injuries such as concussion or even PTSD
- CPC: Neuropsychological testing – testing done in a clinic to see if there is a brain injury. Tests things like reaction time, memory, average intelligence. For people with brain injuries, their performance could be average in an area like intelligence and significantly decreased in other areas, like reaction time or memory, which helps us identify if someone is suffering from the recognized effects of concussion.
- SLM: Neurocognitive assessment and therapy by specially trained occupational therapists who assess real-world ability to function. In past episodes, we’ve talked about occupational therapists – therapists that help people rehabilitate to be able to do their normal activities of daily living. For people with concussions who say, have memory problems, their ability to function at work could be severely impacted, and certain occupational therapists are trained to rehabilitate people who have suffered these kinds of brain injuries by helping them function in their real world environments – at work, in their home, in the community.
I’m guessing a lot of people who suffer from head injuries in motorbike crashes are knocked out entirely, and may not even remember what happened. What do you do then?
CPC – you’re absolutely right. Sometimes our client has no idea of what happened, and they experience:
- Post traumatic amnesia
- May be both about events before and after the crash
- “retrograde” and “anterograde”
- They may even be in a coma for days, weeks, or even months after an accident, and it’s a family member who reaches out to us about their loved one.
This probably a good time to talk about how our listeners can get in touch with you, if they need to talk to a lawyer about an accident – whether it’s a motorcycle accident or some other type of injury.
What is the best way to connect with you?
SLM – The easiest way is to check out our website, at Weirbowen.com
- Spell it out
- On our “contact us” page, there is a form you can fill in, and our reception staff will make sure your inquiry gets to the right people
What if internet isn’t an option?
CPC – we also frequently take what we call “cold calls”. Just call our main reception line at 780-424-2030
This is “Ask the Lawyer” on Windspeaker Radio… CFWE and CJWE.
I am your host, Warren Berg.
Joining us this today are Shelagh McGregor and Cynthia Carels of Weir Bowen LLP in Edmonton.
That’s W-E-I-R B-O-W-E-N
780- 424-2030 Or online at Weirbowen.com
So before the break, we were talking about motorcycle accidents, and some of the challenges associated with those kinds collisions…
We were also talking about the frequency of motorcycle accidents resulting in traumatic brain injuries – even when bikers are wearing helmets –
CPC – yes, unfortunately, a lot of damage can be done to a brain, even when it’s secured in a helmet. So as we were speaking about earlier, some degree of post-traumatic amnesia is pretty common.
As is post-traumatic stress disorder….
Because other motorcyclists have a completely DIFFERENT experience, and remember everything that happened in the crash, like the whole thing happened in slow-motion.
- Experiencing their life flash before their eyes
- Resulting in nightmares
- Panic attacks
- Flashbacks
SLM – These mental injuries can often be overlooked, especially with motorcyclists who have obvious physical injuries that take priority
- Many clients prefer not to talk about PTSD, and don’t bring it up
- Avoidance is a coping method
- A good PI lawyer is going to take the time to explore the possibility of PTSD
Why would a client avoid telling you about PTSD symptoms?
CPC - Like Shelagh said, avoidance is a coping method, but also:
- May not even have insight into what they are experiencing
- Talking about it can be triggering
May even feel shame:
- Many clients would much rather talk about a broken leg than a broken brain, or emotions that aren’t working properly
- We still have a long way to go in validating psychological injuries
We are definitely hearing more and more about it… but it seems like to sort of thing people have to live with for the rest of their lives… is there anything that can be done to treat PTSD?
SLM – Thankfully, a lot of research is finally being done to help people who are suffering from PTSD
- As I mentioned with SPECT scanning, that is starting to identify people with PTSD, so it’s becoming less “hidden”
- Cognitive behaviour therapies
- Cognitive Processing therapies
These kinds of treatments focus on helping people change patterns of behaviours, thoughts, beliefs and feelings that lead to difficulties in function after a traumatic event.
- Prolonged exposure therapies
- Helps people gradually approach their trauma in a safe and measured environmentEquips them with skills and tools to be present with their triggers
CPC - We are also seeing more and more of these psychological strategies being incorporated into “multi-disciplinary” rehabilitation approaches.
The idea behind a multidisciplinary approach is definitely honoring that “mind/body” connection – as we come to understand that huge role our mental health plays in our healing from physical injuries.
So, in a multidisciplinary rehabilitation setting, we will see psychologists working hand in hand with:
- Occupational therapists
- Physical therapists
- Rehabilitation medicine doctors
- Massage therapists/ acupuncturists/ chiropractors
- Sometimes even psychiatrists
What’s the difference between a psychologist and a psychiatrist?
CPC – that is an excellent question!
Psychologists tend to use a lot of talk therapy and teaching to help our clients work through emotional trauma,
Psychiatrists are actually medical doctors who specialize in mental health and mental disorders – so they have different tools in their arsenal – including prescription medications – to help someone who is suffering from a post-traumatic stress disorder
SLM – so in the context of a multi-disciplinary approach, these two disciplines bring different - but frequently complementary – approaches to treating a client. For example:
- Sleep is a foundational building block for recovery, but is often elusive for people suffering from PTSD and other serious injuries
- Using medication to calm anxiety and regulate sleep – even if it’s only for a few weeks – may be necessary before any of the other rehabilitation work can be done
This all sounds very “medical” – what is a lawyer’s role in all of this?
CPC – In the weeks and months following a motor vehicle accident focusing on treatment and rehabilitation is absolutely critical… and medical care is obviously a top priority
However, there is also a lot to think about in terms of using the legal system to protect your rights… and to access the resources you’ll need to get through your recovery.
And oh my goodness… does that ever mean a lot of paperwork... which is our area of expertise!
- So many “adjusters”
- Who is okay to talk to?
- Property damage
- Bodily injury adjuster
- Section b adjusters
- Easy to get lost in the shuffle, unless you know what to ask for
- Explain “Section B benefits”
- Access to treatment, paid for by your own insurer
- I’m going to get a little technical here… and read out exactly what the legislation entitles people to….
all reasonable expenses incurred within 2 years from the date of the accident as a result of those injuries for necessary medical, surgical, chiropractic, dental, hospital, psychological, physical therapy, occupational therapy, massage therapy, acupuncture, professional nursing and ambulance services and, in addition, for other services and supplies that are, in the opinion of the insured person’s attending physician and in the opinion of the Insurer’s medical advisor, essential for the treatment or rehabilitation of the injured person,
SLM – So yeah… figuring out what THAT means can sometimes be just as tricky as it sounds!
We frequently get calls from potential clients who are frustrated with their own insurance companies regarding these Section B benefits, and what they are entitled to…
And although these benefits are technically supposed to be available for 2 years from the date of the accident – it doesn’t mean the insurer will agree to pay for everything you might want for 2 full years.
There is a $50,000.00 limit on this coverage, although it is exceedingly rare for most people to ever come close to getting authorization for that much treatment.
In addition, there are very specific limits on certain types of treatment providers
- Chiropractic $1,000
- Massage therapy $350
- Acupuncture $350
So navigating through this legislation, and understanding entitlements can be a bit overwhelming… especially since our clients are also actively dealing with the pain, disability, and inconvenience of their injuries.
For those who are also experiencing cognitive impairments from a traumatic brain injury, it’s even worse.
How does someone know if they should be calling a lawyer?
CPC – My advice is to “err on the side of calling.”
We get dozens of calls every week, and have a team of lawyers that can ask YOU the questions we need answered, in order to determine if your situation warrants further investigation.
Also, being called early allows us to assess if there’s anything we can do in the early stages to collect valuable evidence, like a black box from a car that’s been impounded by the police. Eventually written off cars are destroyed, and we want to make sure our experts have the chance to get important evidence if we think responsibility for the collision will be in dispute.
What kind of information are you looking for in that first call?
SLM – When and where the accident happened
Who was responsible for the accident – or is liability still in dispute?
What injuries did you sustain?
Have you been receiving treatment? If so, what?
How have your injuries has impacted your life:
- Work/ school
- Family/ household duties
- Recreational activities
We will also want to know if you have had to spend a bunch of your own money on:
- Out of pocket expenses
- Other care needs
That seems like a lot of information. What if someone doesn’t have all those answers?
CPC – It’s okay if you don’t have all the answers, and if you don’t, we can help you figure out what you still might need to pull together…. And what sort of timelines you might be facing.
Speaking of timelines… are there deadlines that our listeners need to know about?
SLM – Talk about Limitations Act generally (2 years, discoverability), and certain exceptions (minors, adults who lack the ability to make legal decisions for themselves)
Underscore the importance of speaking with a lawyer to get advice regarding limitations.
This is “Ask the Lawyer” on Windspeaker Radio… CFWE and CJWE. I am your host, Warren Berg.
Joining us this today are Shelagh McGregor and Cynthia Carels of Weir Bowen LLP in Edmonton.
That’s W-E-I-R B-O-W-E-N 780- 424-2030 Or online at Weirbowen.com
Today, we are talking about motor vehicle accidents, and personal injury claims.
So, when an accident happens – do you have some tips for our listeners to keep in mind – even BEFORE they call a lawyer?
CPC – the aftermath of an accident can be pretty chaotic… however I’m not going to lie… I have actually received calls from the scene of an accident. THIS IS NOT NECESSARY… and may even be unsafe.
So, at the scene of an accident, the most important thing is to make sure everyone is safe, and if not… then call 9-11 for help.
Once everyone’s safety is assured, it can be helpful to snap some photos of the vehicles – their positions on the roadway, any damage, or debris scatter.
But also – we really want to make sure you snap a photo of the other driver’s license, insurance and registration.
The other thing we would like you to do is get the contact information for any independent witnesses who saw the accident…. Those independent witnesses can be really helpful, if the other driver disputes your version of what happened.
What about involving the police? Should you always call the police?
SLM – in many cases, it is not necessary to call police to the scene of a collision.
- Don’t want to have to wait around for them to arrive
- Don’t want to block the road for any longer than is necessary
But you SHOULD go to the closest police station to file a collision report, give them your written statement, and also the other driver’s information.
- Other driver doesn’t have to come with you
- If they don’t attend to give their report in a reasonable timeline, the police will follow-up with them
Also – if you have the contact information for any of the independent witnesses, be sure to pass that along to the police as well.
The police sometimes question whether you need to file a report, but if there are even minor injuries, it needs to be reported.
CPC – when you call our office, we are going to be asking you to send us a copy of that police report, if you have it, because it gives us a lot of the preliminary information we need to determine if we can help you.
- Tells us when the accident happened (limitations issue)
- Tells us where the accident happened (jurisdictions issue)
- Tells us who we might have to sue (conflicts issues) and who the insurer is
So that raises an interesting question… what if you DON’T KNOW who hit you? I’m thinking about situations like a hit and run accident – where the other driver flees the scene… what do you do then?
SLM – the bad news: - this does happen more often than it should
The good news: we can still help you
- Discuss the Motor Vehicle Accident Claims Act Fund
- S.7 of the Act specifically deals with claims involving unknown owners and operators of motor vehicles
- This is a fund that pays damages up to $200,000.00 for motor vehicle accident injuries caused by unknown drivers
- Important to note, however, that these kinds of cases involve naming the Administrator of this fund as a “nominal defendant” - because we are actually claiming from a government managed fund, when we don’t have an actual defendant to sue
- We are also required to put the Administrator of the Fund on notice – in writing – within 90 days after the accident.
- Failing to do so is not necessarily fatal to a claim, but we would have to get a written waiver of that timeline from the Administrator – and there is no guarantee they will agree
- So, if you have suffered injuries in a hit and run accident – DO NOT WAIT to call us…
Good to know!
But let me back up for a second, to what you said about this Fund paying up to $200,000.00 for injuries.. that leads me to TWO questions:
- Where does this money come from, and
- $200,000.00 doesn’t seem like a lot of coverage for a really bad accident – so what if that’s not enough?
CPC – two very excellent questions! So let me tackle the first one first, and Shelagh can take the second one:
- The Motor Vehicle Accident Claims program was created by provincial legislation back in 1947
- The goal was to protect victims who are injured by uninsured or unknown drivers, by ensuring they have an avenue for recovery for personal injuries… without this program, the victims would have no avenue for recourse.
- The money comes from all of us who register motor vhiecles every year... a fee is attached to that registration by regulation which is specifically earmarked for this fund.
- The last time the regulation was updated was in 2017, and that fee was $6.00 for each vehicle
SLM – As for the $200,000.00 – that has been the limit since June 1, 1997.
- Had that been adjusted for inflation (which it hasn’t) that would amount to roughly $325,000.00 in today’s dollars….
- And yes, Warren, you are absolutely right that the $200,000.00 limit does fall short, especially when we have a bad accident, or multiple people making claims for the same accident.
- It also doesn’t cover any property damage at all… it is limited to injuries
- The $200,000.00 is the TOTAL amount available to respond to all injury claims associated with for the accident – it’s not a per person limit
What happens if that’s not enough?
CPC – We get into another whole complex area of insurance law regarding “inadequately insured motorists.”
- So the first thing we need to do is determine how many claims there are against that $200,000.00 pot
- Add up the total value of all claims and divide it on a “pro-rata split”
- Everyone gets a share of the $200,000.00 in proportion to the value of their claim compared to the whole
Use an example
- In addition – we are going to look at your OWN insurance coverages to see if you have what’s called an “SEF Endorsement” on your policy.
- Everyone should take a moment today to look at their own insurance coverages for that endorsement, which is also known as the “Family Protection Endorsement”
- If you are eligible to make a claim under that endorsement of your policy, then we are also going to put your insurer or notice of the claim as soon as possible.
- We can then look to the coverages provided under that contract to access more money… assuming your own policy provides for more coverage
SLM – we could probably dedicate another whole show to cases involving “inadequately insured motorists.”
- but it is really good idea to check with your insurance company or broker to make sure you fully understand what your policy will provide to you and your family in the event you are the victim of a hit-and-run… or if you’re injured by a driver with inadequate insurance coverage.
- According to Alberta’s Automobile Insurance Rate Board, over 98% of Alberta vehicles are insured for at least a $1,000,000 of third party liability overage… but there are still some people driving around with the minimum $200,000.00 that is required by statute.
- The standard coverage today is $2 million and that’s we recommend to people to get to protect themselves
So, how do you and your team at Weir Bowen figure out what a claim is worth, for someone who is injured in a car accident?
CPC - We start thinking about this from the time of our very first phone call… when we ask all those nosey questions about:
- The nature of your injuries
- The treatment you’ve received
- The impact it’s had on your work and home duties
- And all the expenses you’ve had to incur
We gather all that information together, and then we look at case law to see if we can find similar cases to yours, in order to figure out what the Courts have awarded for those “general damages” for pain and suffering.
I’ve always wondered about “pain and suffering” awards… how do you put a dollar value on that?
SLM – There is a lot of misunderstanding about pain and suffering awards… especially since we hear so much about AMERICAN cases in the news…
Talk about “the Trilogy”
$100,000.00 indexed to 2022 dollars is now just over $415,000.00 as the high water mark for a “pain and suffering” award in Canada.
But we also want to assess what we call “pecuniary” damages – or damages that can be calculated mathematically, such as:
- Loss of income
- Past and future cost of care
- Out of pocket expenses
- Loss of housekeeping capacity
It makes sense that you can mathematically calculate someone’s income loss… but how can you calculate someone’s loss of housekeeping capacity, if it’s unpaid work?
CPC – Just because it’s mostly unpaid labour… doesn’t mean it has no value…
- Discuss role of OTs
- Assessing the scope and value of labour
- Even work being done by others for free is a “loss of capacity”
- Providing us with “replacement values”
- Future care schedules
Getting all these experts involves sounds expensive… So does this mean you have to have a lot of money in order to be successful in a motor vehicle accident case?
SLM – Thankfully, no.
If it is our opinion that potential client has a meritorious case, we will generally run these kinds of files on a “Contingency Fee Agreement,” and we get paid based on a percentage of what we ultimately recover for our clients.
Law Societies have identified that the cost of legal fees on an hourly basis can present a barrier to justice, particularly for individuals who have been injured as a consequence of someone else’s negligence…
Clients who can’t work, or need money to pay for treatment, don’t also need to worry about coming up with resources to pay their lawyer’s fees… especially since these cases can take many years to work their way through the system.
What if someone dies because of a motor vehicle accident?
CPC –
Some of the fundamentals don’t change:
- We still need to figure out what limitation periods apply
- We still need to make sure are bringing the claim in the right jurisdiction
- We still need to run our system checks to make sure we don’t have a conflict of interest that would prevent us from bringing the claim.
But if the injured person dies because of the accident – many elements of the claim change substantially…
If someone dies, wouldn’t that mean the value of the claim goes way up?
SLM – Not necessarily.
In Alberta, wrongful death claims are governed by the Fatal Accidents Act
This prescribes who is permitted to bring the claim, who can benefit from the claim, and what the beneficiaries can claim for.
Damages for bereavement
As of May 1, 2013, the Statutory Damages awards are as follows:
$82,000 for a surviving spouse or adult interdependent partner
$82,000 for surviving parents (to be divided equally if there are two)
$49,000 for each surviving child
- Dependency claims:
- Loss of dependency on income
- Loss of dependency on household services
- Also some money available for funeral expenses, and grief counseling for family members.
- Pre-death care
CPC – Sadly, wrongful death claims do make up a substantial percentage of the files we run as personal injury lawyers… and they bring a whole myriad of additional quirks and challenges that we will explore in greater detail in a future show.
We have covered a lot of ground today, in the March edition of Ask The Lawyer for 2022… with Shelagh McGregor and Cynthia Carels Weir Bowen LLP in Edmonton.
For more information:
Weirbowen.com
780-424-2030
You can also find a link to Ask the Lawyer on our home page, where these shows will be available to stream on demand.
Our thanks again to today to Shelagh and Cynthia
SLM – thanks also to you Warren!
CPC – as always, great to work with you on this series, as we strive to bring a bit of legal education to your listeners!
We will look forward to learning much more through this series, which will take place here on the last Saturday of every month, here on Windspeaker radio… CFWE and CJWE.