In 2018, as an apparent result of lobbying by the IBC, the Minor Injuries Regulation in Alberta was changed to deem temporomandibular joint injuries as minor injuries, and as such subject to the cap. With a new government in Alberta, this is a prime time for IBC to continue to lobby for their best interests. Generally, they argue that they are losing money and so benefits to injured people need to be curtailed and capped. That, or they threaten to raise insurance premiums to punishing levels. Albertans purchase insurance to protect themselves and their families. Hopefully our new government will stand strong against those who want make us give up benefits to protect insurance company profits. And, just how much money do Property and Casualty insurers make in Alberta? 2018 Net Income: $1,291,385,000.00 Source: Office of the Superintendent of Financial Institutions
http://www.osfi-bsif.gc.ca/Eng/wt-ow/Pages/FINDAT-pc.aspx There are no guarantees, but here are a few Rules for improving your odds.
Personal injury lawyers have a bit of a bad reputation. With some of the ads you see, especially on American television, you can see how they earned it.
I often meet people who seem ashamed that they have come to see me. These are people who have never been seriously injured before and who were active, capable, and worked hard to be successful. They used to believe that old saying that what doesn't kill us makes us stronger. They don't want to be injured, they feel defeated, and they don't want to rely on anyone else. I get it. The insurance companies get it too. They know that if they put up a few roadblocks, they can get a lot of people to drop or lose their claims. You're hurt, frustrated, or maybe you've lost a loved one. They might deny your claim, become difficult to contact, not fully explain the benefits that are available to you, or quietly let a limitation period run out so you are barred from getting a recovery. If they send you to get treatment, you might be led to believe that you only get 21 treatments, or that you haven't been "approved" for other coverage. They might lead you to believe that they have your best interests in mind when they send you to a particular doctor or physiotherapist. They're smart. They've done the math. They know they will save even more money by doing this than they spend on their lawyers when they're sued for bad faith. People with resolve and determination will use a lawyer to help them. They'll do some research, talk to some lawyers, find one they respect. Being strong after you've been injured doesn't just mean pressing on through the pain in silence and learning to make do with what you have. It also means ensuring no one takes advantage of you. The law isn’t always compassionate, and it isn’t always virtuous.
For example, if you witness an accident, or see someone who needs help, the law says you don’t have to do anything to help. But you should. Another example is if a loved one is killed in an accident. At common law, “the death of a human being could not be complained of as an injury.” This goes back at least as far as Baker v Bolton, when a man’s wife was killed in a stagecoach accident south of London. The courts were so harsh that, in 1846, the Parliament of the United Kingdom passed the Fatal Accidents Act which required some compensation to be given to husbands, parents, or children of those who had been killed through some wrongful act. Alberta has followed suit and has its own Fatal Accidents Act. Under the Act, the spouse, adult interdependent partner, parent, child, brother or sister of the deceased are entitled to compensation for the pain and suffering the death has caused them. It’s non-negotiable, and pays out as follows:
There are expenses that can be claimed as well. Reasonable claims can be made for:
The compensation under the Act certainly isn’t enough to compensate for the wrongful loss of a loved one, but at least it is better than what the common law provides. In some circumstances, additional amounts can be claimed, including under the Survival of Actions Act. For example, if the person that died was the sole bread-winner for dependant children, then those children could be entitled to additional compensation for loss of financial support. Likewise, if the person that died was a full-time homemaker for dependent children, then those children would be entitled to loss of housekeeping and loss of child care compensation. So if one of your loved ones has been killed, how do you get this compensation? Unfortunately, it isn’t very straightforward. You'll need to commence a legal action. Your best bet is to retain a lawyer, |
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.
|