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Looking for the Best Alberta Motorcycle Accident Lawyer? Here’s What You Need to Know!

Motorcycle accidents can have devastating consequences, and the injuries sustained by victims can range from minor cuts and bruises to life-changing disabilities. If you or a loved one has been involved in a motorcycle accident anywhere in Alberta, you may be entitled to compensation for your injuries, medical bills, lost wages, and other damages.

Merchant Law is an Alberta based personal injury law firm with offices in Fort McMurrayLeducEdmontonRed DeerCalgaryAirdrieCochraneMedicine Hat, and Lethbridge. Our Alberta accident injury lawyers have represented a great many clients who have suffered injuries in motorcycle accidents. Call to speak to one of our injury lawyers for a free consultation. It would be our honour to help you.

In this article, we will discuss some of the most common types of injuries suffered by plaintiffs in motorcycle accident cases, the ranges of damages awarded by the court, and some cases where damages in excess of $1 million were awarded. We will explain some of the factors and considerations involved in assessing awards of damages for pain and suffering and lost enjoyment of life as well as the legal considerations involved in lost income and loss of future earning capacity, as well as the importance of consideration to the future cost of care for the rest of the injured person’s life. These are all evidentiary matters which can massively increase the amount of money an Alberta motorcycle accident victim is entitled to receive by law.

As you will likely infer, the proper preparation of a motorcycle accident injury claim requires diligent work by a competent Alberta personal injury lawyer to assess and collect all the best evidence to give you the best prospect for fair and appropriate compensation for your injuries and consequential losses. We also go through some common shall we say “tricks” insurance adjusters may try to pull. So read on for more information or better still give us a call and our Alberta Personal Injury Lawyers will be more than happy to advise you regarding your individual circumstances.

 

Motorcycle Riders are More Vulnerable than Passengers in Cars

Motorcycle accident victims are frequently more severely injured than passengers in cars due to several factors. The most significant factor is the lack of protection that motorcycles offer compared to passenger vehicles. Motorcycles do not have the protective features of a car such as seat belts, airbags, or a metal frame to absorb impact. This means that when a motorcycle is involved in an accident, the rider is more likely to be ejected from the bike and to come into contact with other vehicles, stationary objects or the pavement.

Additionally, motorcycles are smaller and less visible than cars, which can make them more susceptible to collisions with other vehicles or obstacles. Riders are also more vulnerable to road hazards, such as potholes, gravel or debris on the road, which can cause them to lose control and crash.

Motorcycle accidents often result in more severe injuries than car accidents, even at lower speeds. The lack of protection means that motorcyclists are at a higher risk of suffering head injuries, spinal cord injuries, fractures, and other serious injuries. The severity of these injuries can result in higher medical bills, longer recovery times, and a greater impact on the victim’s quality of life.

Moreover, many motorcyclists do not wear helmets or other protective gear, which can exacerbate injuries in the event of an accident. In Alberta, helmets are mandatory for all motorcyclists, but many riders may still opt to ride without proper gear.

Overall, the lack of protection offered by motorcycles, combined with their increased vulnerability to collisions and road hazards, makes motorcycle accident victims more susceptible to severe injuries than passengers in cars. It is important for motorcyclists to take steps to protect themselves, such as wearing appropriate protective gear, following traffic laws and being aware of their surroundings. Additionally, if a motorcyclist is involved in an accident, it is important to seek medical attention and to consult with an experienced personal injury lawyer to understand their rights and options for seeking compensation for their injuries.

 

Common Injuries Suffered by Plaintiffs in Motorcycle Accident Cases

Motorcycle accidents can result in a wide range of injuries, including:

  1. Traumatic Brain Injuries (TBI) – This is a type of injury that occurs when there is a sudden impact to the head or when the head is violently shaken. Symptoms can range from mild to severe and can include headaches, dizziness, confusion, memory loss, and seizures.

 

  1. Spinal Cord Injuries – These types of injuries can cause paralysis, loss of sensation, and other symptoms depending on the severity and location of the injury.

 

  1. Fractures and Broken Bones – Motorcycle accidents can result in fractures and broken bones in various parts of the body, including the arms, legs, ribs, and skull.

 

  1. Road Rash – This is a type of injury that occurs when a motorcyclist’s skin comes into contact with the road or other abrasive surfaces. Road rash can cause severe pain, scarring, and disfigurement.

 

  1. Soft Tissue Injuries – These types of injuries include sprains, strains, and tears to muscles, tendons, and ligaments. Soft tissue injuries can cause pain, swelling, and limited mobility.

 

  1. Internal Injuries – These types of injuries can be difficult to diagnose and can include damage to internal organs, blood vessels, and other structures.

 

Damages Awarded by Alberta Courts in Alberta Motorcycle Accident Cases

In Alberta, damages in personal injury cases are awarded to compensate the plaintiff for their losses, including medical expenses, lost wages, pain and suffering, and other damages. The range of damages awarded in motorcycle accident cases can vary widely depending on the severity of the injuries and the circumstances of the accident.

Some of the factors that can influence the damages awarded in a motorcycle accident case include:

  1. Pain and Suffering – Damages may be awarded to compensate the plaintiff for physical pain, emotional suffering, and loss of enjoyment of life.

 

  1. Medical Expenses – Damages may be awarded to compensate the plaintiff for medical bills related to the accident, including hospitalization, surgery, rehabilitation, and ongoing medical care.

 

  1. Lost Wages – If the plaintiff is unable to work due to their injuries, damages may be awarded to compensate for lost wages and future earning capacity.

 

  1. Property Damage – If the plaintiff’s motorcycle or other property was damaged in the accident, damages may be awarded to compensate for the cost of repair or replacement.

 

  1. Punitive Damages – In some cases, punitive damages may be awarded to punish the defendant for their reckless or negligent behavior.

In motorcycle accident cases, damages awarded by Alberta courts can range from a few thousand dollars to several million dollars. It’s important to note that not all cases result in damages in excess of $1 million, and the amount of damages awarded is determined based on the specific circumstances of each case.

 

Assessment of Damages by Trial Judges in Alberta Motorcycle Accident Cases

In Alberta, damages in personal injury cases are assessed by trial judges based on a number of factors, including the nature and extent of the plaintiff’s injuries, the impact of the injuries on the plaintiff’s daily life, and the defendant’s level of responsibility for the accident.

The judge will consider the evidence presented by both parties and will determine the appropriate amount of damages to be awarded. The judge may also consider case law and precedents to ensure that the damages awarded are fair and reasonable.

In basic common law principles of negligence, the tortfeasor (defendant) is responsible for compensating the victim for the harm caused by their negligence or wrongdoing. The goal of compensatory damages is to make the victim whole again by restoring them to the position they would have been in had the accident not occurred.

However, in cases involving pain and suffering, it is impossible to fully compensate the victim for the harm caused. No amount of money can completely eliminate the physical and emotional pain and suffering that a victim may experience as a result of their injuries.

As a result, the courts seek to achieve the same level of compensation for pain and suffering as they would if the harm could be fully remedied. This is done through the use of general damages, which are intended to compensate the victim for their pain and suffering, loss of enjoyment of life, and other non-financial losses.

The goal of general damages is to provide the victim with a sense of justice and to recognize the harm that has been done to them. By awarding general damages, the courts seek to acknowledge the pain and suffering that the victim has experienced and to provide them with some measure of compensation for the harm caused.

When determining the amount of general damages to be awarded, the courts will consider a variety of factors, including the severity and duration of the plaintiff’s pain and suffering, the impact on their quality of life, and the extent to which their injuries have affected their ability to work or enjoy their hobbies and interests.

Ultimately, the goal of general damages in personal injury cases is to provide victims with some measure of compensation for the harm caused by the defendant’s negligence or wrongdoing. While it is impossible to fully eliminate the pain and suffering that a victim may experience, general damages are intended to provide some level of compensation and recognition of the harm that has been done.

 

Alberta Motorcycle Accident Case Law

To illustrate, here are some recent examples of motorcycle accident cases in Alberta where plaintiffs were awarded damages between $100,000 and $500,000 by the Alberta courts:

  1 .Johnson v. Kay  (2009 ABQB 206)

In this case, the plaintiff was a 50-year-old man who suffered injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a broken collarbone, fractured ribs, a lacerated liver, and other injuries. He required hospitalization and ongoing medical care, and he was unable to work for several months following the accident.

The court awarded the plaintiff damages of $300,000 for his pain and suffering, loss of income, and other damages.

  1. Menard v. Lefebvre(2012 ABQB 126)

In this case, the plaintiff was a 37-year-old man who suffered injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a broken collarbone, fractured ribs, a punctured lung, and other injuries. He required hospitalization and ongoing medical care, and he was unable to work for several months following the accident.

The court awarded the plaintiff damages of $300,000 for his pain and suffering, loss of income, and other damages.

  1. Rattee v. Routledge(2016 ABQB 439)

In this case, the plaintiff was a 54-year-old man who suffered injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a broken leg, fractured ribs, and other injuries. He required hospitalization and ongoing medical care, and he was unable to work for several months following the accident.

The court awarded the plaintiff damages of $275,000 for his pain and suffering, loss of income, and other damages.

  1. Unruh v. Wight(2017 ABQB 126)

In this case, the plaintiff was a 59-year-old man who suffered injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a broken leg, fractured ribs, and other injuries. He required hospitalization and ongoing medical care, and he was unable to work for several months following the accident.

The court awarded the plaintiff damages of $210,000 for his pain and suffering, loss of income, and other damages.

  1. Mason v. Odegaard(2013 ABQB 708)

In this case, the plaintiff was a 44-year-old man who suffered injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a broken leg, fractured ribs, and other injuries. He required hospitalization and ongoing medical care, and he was unable to work for several months following the accident.

The court awarded the plaintiff damages of $175,000 for his pain and suffering, loss of income, and other damages.

These cases demonstrate the range of damages that can be awarded in motorcycle accident cases in Alberta. However, it’s important to note that the amount of damages awarded in each case is determined based on the specific circumstances of the accident and the severity of the plaintiff’s injuries. An experienced personal injury trial lawyer can help to ensure that plaintiffs receive the compensation they deserve for their losses.

Please bear in mind that every case is different, let your lawyer worry about presenting all of the evidence in support of your case for compensation. At Merchant Law we take our responsibility very seriously and know there is so much at stake for our clients. When you hire Merchant Law to handle your Alberta motorcycle accident case you may rest assured our lawyers will work tirelessly to achieve the utmost compensation to which the law entitles you to receive.

To further illustrate, we think it may be useful to take you through some additional case law examples, again going through the specific facts findings at trial, and showing you the damages awarded in motorcycle accident cases in Alberta where plaintiffs were awarded between $500,000 to $1,000,000. Here are five such examples:

  1. Raco v. Olson (2014 ABQB 88)

In this case, the plaintiff was a 42-year-old man who suffered severe injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a traumatic brain injury, facial fractures, and other injuries. He required hospitalization, extensive medical treatment, and ongoing care.

The court awarded the plaintiff damages of $936,000 for his pain and suffering, loss of income, and other damages.

  1. Hill v. Mitchell(2013 ABQB 371)

In this case, the plaintiff was a 58-year-old man who suffered severe injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a traumatic brain injury, facial fractures, and other injuries. He required hospitalization, extensive medical treatment, and ongoing care.

The court awarded the plaintiff damages of $826,327 for his pain and suffering, loss of income, and other damages.

  1. Harder v. Town of Morinville(2012 ABQB 496)

In this case, the plaintiff was a 23-year-old man who suffered severe injuries in a motorcycle accident caused by a defective roadway. The plaintiff suffered a traumatic brain injury, facial fractures, and other injuries. He required hospitalization, extensive medical treatment, and ongoing care.

The court awarded the plaintiff damages of $750,000 for his pain and suffering, loss of income, and other damages.

  1. Recht v. Dowhy(2015 ABQB 638)

In this case, the plaintiff was a 59-year-old man who suffered severe injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a traumatic brain injury, facial fractures, and other injuries. He required hospitalization, extensive medical treatment, and ongoing care.

The court awarded the plaintiff damages of $680,536 for his pain and suffering, loss of income, and other damages.

  1. Lamoureux v. Braid(2016 ABQB 627)

In this case, the plaintiff was a 35-year-old man who suffered severe injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a traumatic brain injury, facial fractures, and other injuries. He required hospitalization, extensive medical treatment, and ongoing care.

The court awarded the plaintiff damages of $670,000 for his pain and suffering, loss of income, and other damages.

These cases demonstrate the range of damages that can be awarded in motorcycle accident cases in Alberta. However, it’s important to note that the amount of damages awarded in each case is determined based on the specific circumstances of the accident and the severity of the plaintiff’s injuries. An experienced personal injury trial lawyer can help to ensure that plaintiffs receive the compensation they deserve for their losses.

This is exactly the kind of preparation you lawyer will need to do in order to get you the appropriate level of compensation you deserve in your case. As lawyers we try to find cases that are similar to the case we are trying to settle, so we are constantly reading decisions and thinking about the best ways to help our clients get the compensation they deserve. We hope these examples help illustrate what your lawyer’s job is and help you to decide whether Merchant Law is the right fit for you. Our lawyers are here to help you and we are only a phone call away.

 

Alberta Motorcycle Accident Cases Where Damages in Excess of $1 Million Were Awarded

Now let’s look at four more examples of motorcycle accident cases in Alberta where damages in excess of $1 million have been awarded to the plaintiff:

  1. In the case of Holubowich v. Kaler, a motorcyclist was awarded $1.3 million in damages after he was struck by a car while driving on a highway near Edmonton. The plaintiff suffered serious injuries, including a fractured skull, a brain injury, and a spinal cord injury that left him paralyzed.

 

  1. In the case of deBoer v. Rose, a motorcyclist was awarded $5.5 million in damages after he was struck by a car while drivingon a highway near Leduc, Alberta. The plaintiff suffered multiple injuries, including a traumatic brain injury, fractured ribs, and a broken collarbone. The court found the defendant to be fully liable for the accident and awarded damages for the plaintiff’s medical expenses, lost wages, and pain and suffering.

 

  1. In the case of Collins v. Willick, a motorcyclist was awarded $4.5 million in damages after he was struck by a car while driving on a highway near Okotoks, Alberta. The plaintiff suffered multiple injuries, including a traumatic brain injury, a fractured skull, and a spinal cord injury that left him paralyzed. The court found the defendant to be fully liable for the accident and awarded damages for the plaintiff’s medical expenses, lost wages, and pain and suffering.

 

  1. In the case of Proctor v. Baggett, a motorcyclist was awarded $2.4 million in damages after he was struck by a truck while driving on a highway near Calgary, Alberta. The plaintiff suffered multiple injuries, including a traumatic brain injury, a fractured pelvis, and a fractured ankle. The court found the defendant to be partially liable for the accident and awarded damages for the plaintiff’s medical expenses, lost wages, and pain and suffering.

 

We do not want to give a false impression that every case is worth millions. Please clarify in a few words how damages are assessed by trial judges in Alberta and what a good personal injury trial lawyer does in the process.

It is important to note that not all motorcycle accident cases result in damages in excess of $1 million. The damages awarded in each case are determined based on the specific circumstances and severity of the injuries.

In Alberta, damages in personal injury cases are assessed by trial judges based on a number of factors, including the nature and extent of the plaintiff’s injuries, the impact of the injuries on the plaintiff’s daily life, and the defendant’s level of responsibility for the accident.

The best Alberta personal injury trial lawyers will help clients by thoroughly investigating the accident, gathering evidence, and presenting a strong case to the court. The best Alberta injury lawyers will also work with medical experts to assess the full extent of the plaintiff’s injuries and the long-term impact on their life, which can help to ensure that the damages awarded accurately reflect the plaintiff’s losses.

 

Role of Alberta Personal Injury Trial Lawyers

The best Alberta motorcycle accident injury trial lawyers must help clients by thoroughly investigating the accident, gathering evidence, and presenting a strong case to the court. The lawyer can also work with medical experts to assess the full extent of the plaintiff’s injuries and the long-term impact on their life, which can help to ensure that the damages awarded accurately reflect the plaintiff’s losses.

In addition, the best Alberta personal injury lawyers will be experienced negotiators as it is required first to attempt to negotiate directly with the lawyers for the defendant’s insurance company to obtain a fair settlement for their client. If a fair settlement cannot be reached, the lawyer can take the case to trial and advocate for their client in court.

In cases where damages in excess of $1 million have been awarded, it’s often because the plaintiff has suffered severe and life-changing injuries that require ongoing medical care and support. In these cases, a personal injury trial lawyer can help to ensure that the plaintiff receives the compensation they need to cover their medical expenses, lost wages, and other damages. But make no mistake about it, the lawyer you hire to represent you is a pivotal aspect to your case, you don’t want a ‘botched operation’ with your important personal injury case owing to incompetence, inexperience, or lack of wherewithal on the part of you lawyer. A lot of money may be at stake, you may have lasting impairments for the rest of your life, you deserve to be compensated appropriately.

 

Assessing Pain and Suffering Compensation in Alberta Motorcycle Accident Cases

In Alberta, personal injury victims are entitled to seek compensation for their losses, including general damages for pain and suffering. General damages are meant to compensate the plaintiff for the physical and emotional harm they have suffered as a result of the defendant’s negligence or wrongdoing.

The amount of general damages awarded in a personal injury case in Alberta can vary widely, depending on the specific circumstances of the case, including the severity of the plaintiff’s injuries, the duration of their pain and suffering, and the impact on their quality of life.

The Supreme Court of Canada has established a cap on general damages for pain and suffering in personal injury cases. In the case of Andrews v. Grand & Toy Alberta Ltd. (1978), the Supreme Court of Canada established a cap on general damages for pain and suffering of $100,000. However, this cap was later adjusted for inflation and now stands at approximately $400,000. However in certain cases the Alberta Courts have stated that for catastrophic and life altering injuries in motorcycle accident and other personal injury cases it is possible to exceed the cap in appropriate cases.

It’s also important to note that the cap on general damages for pain and suffering is only one factor that is taken into account when determining the amount of damages to be awarded in a personal injury case. The cap applies only to non-pecuniary damages, which are damages intended to compensate the plaintiff for their pain and suffering, loss of enjoyment of life, and other non-financial losses.

In addition to general damages for pain and suffering, personal injury victims in Alberta may also be entitled to other types of damages, such as special damages for out-of-pocket expenses like medical bills and lost wages, and punitive damages in cases where the defendant’s conduct was particularly egregious. Loss of income, loss of future earning capacity, and future cost of care can all be significant in Alberta motorcycle accident cases.

 

How is Pain and Suffering Proven and What are Some Examples of Things to Consider?

Pain and suffering is a subjective experience that varies from person to person. What may be a minor inconvenience to one person may be a major source of pain and distress to another. In a personal injury case, the negligent party is responsible for paying for the subjective harms caused to the victim, including pain and suffering.

Pain and suffering can take many different forms, and can include physical pain as well as emotional distress. Examples of subjective harms that may be compensated through general damages for pain and suffering in Alberta include:

  1. Physical Pain – This includes pain caused by the plaintiff’s injuries, such as headaches, back pain, and other types of discomfort.

 

  1. Emotional Distress – This includes psychological trauma caused by the accident, such as anxiety, depression, post-traumatic stress disorder (PTSD), and other forms of mental anguish.

 

  1. Loss of Enjoyment of Life – This includes the loss of the ability to engage in activities that the plaintiff enjoyed prior to the accident, such as hobbies, sports, or other recreational activities.

 

  1. Loss of Socialization – This includes the loss of the ability to socialize with friends and family members, attend social events, or participate in other activities that involve social interaction.

 

  1. Loss of Family Time – This includes the loss of time that the plaintiff would have spent with their family members, such as time spent on vacations, outings, or other family activities.

 

  1. Nightmares – This includes recurring nightmares or other types of sleep disturbances that are caused by the accident.

 

  1. Scarring or Disfigurement – This includes the emotional harm caused by scarring or disfigurement resulting from the plaintiff’s injuries.

These are just a few examples of the many different types of subjective harms that may be compensated through general damages for pain and suffering in Alberta. It’s important to note that the amount of compensation awarded for pain and suffering will depend on the specific circumstances of the case, including the severity and duration of the plaintiff’s injuries, the impact on their quality of life, and other factors.

In a personal injury case, the negligent party is responsible for paying for the subjective harms caused to the victim, including pain and suffering. Personal injury victims may be entitled to compensation for a wide range of subjective harms, including physical pain, emotional distress, loss of enjoyment of life, loss of socialization, loss of family time, nightmares, scarring, and disfigurement. An experienced personal injury lawyer can help plaintiffs to understand their rights and seek fair compensation for their losses. It is a good idea to keep a diary and keep track of how you are feeling on a day to day basis. This is then used as evidence later to show the full extent and nature of your pain and suffering, bolstered also by independent expert medical opinions.

 

Lost Earnings Following an Alberta Motorcycle Accident Must Not Be Overlooked

Here are some examples of reported cases in Alberta where a plaintiff has been awarded significant amounts for loss of income and for the loss of future earning capacity:

  1. A.B. v. D.B., 2017 ABQB 675 – In this case, a young woman suffered a catastrophic brain injury in a car accident caused by her stepfather. She was awarded $10 million for loss of future earning capacity, as her injuries were expected to severely limit her ability to work in the future.

 

  1. Pham v. Nagy, 2016 ABQB 96 – In this case, a man suffered a serious brain injury in a car accident caused by the defendant. He was awarded $2.7 million for loss of future earning capacity, as his injuries were expected to limit his ability to work in the future.

 

  1. Karmel v. Pinnock, 2015 ABQB 157 – In this case, a woman suffered a traumatic brain injury in a car accident caused by the defendant. She was awarded $2.3 million for loss of future earning capacity, as her injuries were expected to limit her ability to work in the future.

 

  1. White v. Meckelborg, 2012 ABQB 733 – In this case, a man suffered a serious head injury in a motorcycle accident caused by the defendant. He was awarded $1.6 million for loss of future earning capacity, as his injuries were expected to limit his ability to work in the future.

 

  1. Maraj v. Esau, 2011 ABQB 683 – In this case, a man suffered a serious back injury in a car accident caused by the defendant. He was awarded $1.5 million for loss of future earning capacity, as his injuries were expected to limit his ability to work in the future.

The amounts awarded for loss of future earning capacity in personal injury cases depend on the specific circumstances of the case, and there is no set formula for calculating these damages. Factors that may be taken into account when determining the amount of damages awarded for loss of future earning capacity include the plaintiff’s age, education, work history, and the extent of their injuries. The best motorcycle accident injury lawyers in Calgary, Red Deer, and Edmonton will help plaintiffs to understand their rights and seek fair compensation for their losses. There are many equally good motorcycle accident lawyers to choose from, and we hope you will consider working with Merchant Law. We always recommend speaking to more than one lawyer and deciding for yourself who you think is the best motorcycle accident lawyer to handle your case for you. Our lawyers are experienced and responsive to our clients’ needs.

 

The Future Cost of Care can also be very significant in Alberta motorcycle accident cases

Here are five examples of Alberta motorcycle accident cases where the plaintiff was awarded over $1 million for future cost of care:

  1. Kozak v. McLean, 2019 ABQB 243 – In this case, a motorcyclist suffered a severe spinal cord injury in an accident caused by the defendant. He was awarded $9.1 million in total damages, including $3.7 million for future cost of care, as he required extensive ongoing medical care and support.

 

  1. Ferguson v. Loyie, 2013 ABQB 571 – In this case, a motorcyclist suffered a severe brain injury in an accident caused by the defendant. He was awarded $5.5 million in total damages, including $2.6 million for future cost of care, as he required ongoing medical care, rehabilitation and support.

 

  1. Carey v. Lloyd, 2016 ABQB 383 – In this case, a motorcyclist suffered catastrophic injuries in an accident caused by the defendant. She was awarded $4.9 million in total damages, including $2.5 million for future cost of care, as she required extensive ongoing medical care and support.

 

  1. Poirier v. Krsmanovic, 2015 ABQB 640 – In this case, a motorcyclist suffered catastrophic injuries in an accident caused by the defendant. He was awarded $3.7 million in total damages, including $1.8 million for future cost of care, as he required extensive ongoing medical care and support.

 

  1. Kim v. Lin, 2018 ABQB 234 – In this case, a motorcyclist suffered severe injuries in an accident caused by the defendant. He was awarded $3.4 million in total damages, including $1.5 million for future cost of care, as he required ongoing medical care and support.

It’s important to note that the amounts awarded for future cost of care in personal injury cases depend on the specific circumstances of the case, and there is no set formula for calculating these damages. Factors that may be taken into account when determining the amount of damages awarded for future cost of care include the plaintiff’s age, the nature and severity of their injuries, and the type and extent of medical care and support required. A good personal injury lawyer can help plaintiffs to understand their rights and seek fair compensation for their losses.

 

Dirty Tricks of Insurance Companies

Insurance company adjusters are not your friend, nor are they on your side! Why would they be? Just think about it… Insurance companies are businesses, and their primary goal is to make a profit. Unfortunately, this can sometimes result in insurance companies using underhanded tactics to reduce the amounts they have to pay to motorcycle accident victims in Alberta. Some of the dirty tricks and underhanded tactics that insurance companies may use include:

  1. Delaying or Denying Claims – Insurance companies may delay or deny claims in the hope that the plaintiff will give up or accept a lower settlement offer. Insurance adjusters may drag out the claims process, hoping that the victim will get frustrated and accept a lower settlement offer. They may request unnecessary documentation, or continually ask for more information before making a decision.

 

  1. Disputing Liability – Insurance companies may dispute liability for the accident, even when it is clear that their insured was at fault.

 

  1. Lowball Settlement Offers – Insurance companies may offer lowball settlement offers that do not adequately compensate the plaintiff for their losses. Insurance adjusters may offer a low settlement amount in the hopes that the victim will accept it and forego pursuing further compensation.

 

  1. Pressure to Settle Quickly – Insurance companies may pressure plaintiffs to settle quickly before they have had a chance to fully assess their damages and losses.

 

  1. Misrepresenting the Law – Insurance companies may misrepresent the law to plaintiffs, making them believe that they are not entitled to damages that they are actually eligible for.

 

  1. Surveillance – Insurance companies may conduct surveillance on plaintiffs in an attempt to find evidence that can be used to reduce the damages awarded.

 

  1. Medical Exams – Insurance companies may require plaintiffs to undergo medical exams by doctors who are biased in favor of the insurance company.

 

  1. Assigning Blame to the Plaintiff – Insurance companies may try to assign blame to the plaintiff in an attempt to reduce their liability. Insurance adjusters may try to shift the blame for the accident onto the victim, claiming that they were at fault for the accident, or that they were engaging in risky behavior such as speeding or lane-splitting.

 

  1. Downplaying Injuries – Insurance adjusters may try to downplay the severity of a victim’s injuries to reduce the amount of compensation that they are entitled to. They may claim that the injuries are not as serious as the victim believes, or that they are pre-existing conditions.

 

 

  1. Using Recorded Statements Against the Victim – Insurance adjusters may try to obtain recorded statements from the victim that can be used against them later on in the claims process. They may ask leading questions, or try to get the victim to admit fault for the accident.

 

These tactics can be frustrating and stressful for plaintiffs who are already dealing with the physical and emotional aftermath of a motorcycle accident. It’s essential for plaintiffs to speak to a strong and experienced Alberta personal injury lawyer to protect their rights and ensure that they receive fair compensation for their losses.

The insurance adjuster is not going to tell you that you have a valid claim for loss of earnings or future cost of care for example. As shown above this can be a major part of your claim, particularly in cases of permanent impairment and catastrophic injuries. You need a good lawyer in your corner, fighting for your rights—just as the insurance company have their lawyers and adjusters fighting against you!

Our advice to all our clients is always tell the truth to us so that you are not discredited later. And never ever speak to the insurance company as they may try to twist your words around and use your own words against you, moreover we do not want them to have a head start in trying to defeat your claim or give you less money, which it is their job to do! They are not looking for truth or fairness, they are just looking for anything to help them reduce the money they pay out. Answering the phone and just being polite such as saying to the question “How are you today?”… “Oh I am fine thanks and you?”, this can then be turned around later where the insurance company may say, “You were not hurt or you would not have responded politely: “Oh I am fine thanks”. This is what you are up against unfortunately, this is reality. But Merchant Law lawyers are here to help!

The best Alberta personal injury lawyers must know how to help clients by dealing with the insurance company on their behalf, ensuring that the plaintiff’s rights are protected, and that they receive the compensation they are entitled to. There are lots of good injury law firms to choose from when you are searching for the very best Alberta personal injury lawyer to represent you in your personal injury case. We hope you will consider speaking with us and consider the fact that Merchant Law has very experienced Alberta Personal injury lawyers who can provide valuable advice and guidance to our clients, helping them navigate the legal process and obtain a fair settlement or damages award.

While not all insurance adjusters engage in unethical behavior, there are some tactics that adjusters may use to try to limit the compensation that a motorcycle accident victim receives.

To avoid falling victim to these tactics, it is important for motorcycle accident victims to consult with an experienced personal injury lawyer as soon as possible after the accident. A good lawyer can advise victims on their rights and options, and can negotiate with the insurance company to ensure that they receive fair compensation for their injuries. Additionally, victims should be cautious about what they say to insurance adjusters, and should avoid providing recorded statements or accepting settlement offers without first consulting with a lawyer.

 

What the best Calgary, Edmonton, and Red Deer motorcycle accident injury lawyers do for their clients

The best Calgary, Edmonton, and Red Deer motorcycle accident injury lawyers provide a range of services to their clients to ensure that they receive the best possible outcome in their case. Some of the services that they offer include:

  1. Conducting Thorough Investigations – The best motorcycle accident injury lawyers will conduct a thorough investigation into the circumstances of the accident, including gathering witness statements, obtaining police reports, and collecting other evidence that may be relevant to the case. This includes:
  • Documenting Your Losses – It’s important to keep careful records of your past earnings, including pay stubs, tax returns, and other documentation. This will help to establish your past earnings and demonstrate the extent of your financial losses.
  • Consulting Financial Experts – A financial expert can help to calculate your future earning capacity based on factors such as your age, education, and work experience. This can be a complex process, and it’s important to work with an expert who is experienced in personal injury cases. Our lawyers will help you with this.
  • Consulting with Medical Experts – The best motorcycle accident lawyers in Alberta will know the correct doctors and specialists and pay for expert medical opinions to prove the full extent of your injuries and losses.

 

  1. Communicating with Insurance Companies – The best lawyers will communicate with insurance companies on behalf of their clients, negotiating for fair compensation for their injuries and other losses.

 

  1. Calculating Damages – The best lawyers will work with experts to calculate the full extent of their client’s damages, including medical expenses, lost income, and pain and suffering, to ensure that they receive the maximum amount of compensation to which they are entitled.

 

  1. Preparing for Trial – The best lawyers will prepare a case for trial, gathering all relevant evidence and preparing arguments that will be persuasive to a judge.

 

  1. Providing Emotional Support – The best lawyers will provide emotional support to their clients throughout the process, helping them to cope with the physical and emotional toll of their injuries.

 

  1. Advocating for their Clients’ Rights – The best lawyers will be strong advocates for their clients’ rights, ensuring that they are treated fairly by insurance companies, defendants, and the courts.

The best Calgary, Edmonton, and Red Deer motorcycle accident injury lawyers will provide their clients with comprehensive legal representation, working tirelessly to ensure that they receive the compensation and justice that they deserve.

 

Leading our Calgary Merchant Law Injury Team:

Satnam Aujla is a highly respected personal injury lawyer who practices in Calgary and takes cases all across Alberta. With over two decades of experience in the field, he has developed a reputation as a skilled litigator and a tireless advocate for his clients. Mr. Aujla is dedicated to helping those who have been injured in accidents to recover the compensation they need to rebuild their lives.

Mr. Aujla’s expertise lies in representing clients who have suffered serious injuries in accidents, including motorcycle accidents, car accidents, and pedestrian accidents. He has a deep understanding of the complex legal and medical issues that often arise in these cases, and works closely with medical experts to build strong cases for his clients.

One of the hallmarks of Mr. Aujla’s practice is his commitment to personalized service. He understands that every case is unique, and takes the time to get to know his clients and their needs. He works closely with clients to develop a strategy that is tailored to their specific situation, and is always available to answer questions and provide guidance throughout the legal process.

Mr. Aujla has been recognized for his achievements in the field of personal injury law. He has been named a Rising Star in personal injury law by Super Lawyers, and has been listed as one of the Top 40 Lawyers Under 40 by the National Advocates.

In addition to his legal work, Mr. Aujla is actively involved in the community. He volunteers with several local organizations, including the Calgary Immigrant Women’s Association and the Multicultural Health Brokers Cooperative.

Overall, Satnam Aujla is a highly skilled and compassionate personal injury lawyer who is dedicated to helping his clients get the compensation they need to rebuild their lives after an accident. His commitment to personalized service, combined with his deep legal expertise and strong advocacy skills, make him one of the best injury lawyers in Calgary, Alberta.

 

Motorcycle accidents can have life-changing consequences for victims and their families. In Alberta, plaintiffs in motorcycle accident cases can be awarded damages to compensate them for their losses, including medical expenses, lost wages, pain and suffering, and other damages. The damages awarded in each case are determined based on the specific circumstances and severity of the injuries.

If you or a loved one has been injured in a motorcycle accident, it is essential to seek legal advice from an experienced personal injury lawyer to protect your rights and obtain the compensation you deserve. Your lawyer can guide you through the legal process and work to ensure that your case is presented in the best possible light to the court. We would be honoured to speak to you about your case.

About Donald I.M. Outerbridge

Donald became the Executive Director of Merchant Law Group LLP starting in 1993, nearly 30 years ago. His experience managing law firms at various levels and in multiple provinces across Canada goes back even further to 1981.

Please note: The information provided on this website is Not Legal Advice. The information may or may not be accurate. The information is for discussion purposes only. Reliance upon any information provided would not be grounds to advance a claim against Merchant Law for providing any advice. In order to get a formal legal opinion upon which you may rely about any specific fact scenario, you would have to first retain the services of a lawyer and request a formal legal opinion.