Braithwaite Boyle


Braithwaite Boyle blog

Through our blog, we provide you more information about aspects of personal injury law, answering some of the most pertinent questions that our clients have asked us over 30 years of practice. Since every personal injury case will have its own unique details, it’s important that clients know the proper steps they can take to strengthen their case and when to call a legal professional to help them.

What a client does in the time after an accident is crucial to determining a successful compensation claim. By offering this information in our blog, we hope you will be better informed on what you can do to receive your full and proper settlement.

If you do not see your concern here, or you would like to talk to a personal injury lawyer, please call one of our three Alberta locations to book your free initial consultation.

  • Woman doctor holding up images or brain MRI scan
    Living With a Brain Injury After a Fall or Car Accident

    Accidents happen - car accidents, slips and falls, and tripping on hazardous objects are fairly routine events. Unfortunately, an accident, major or minor, can sometimes cause considerable consequences. Trauma to the head can happen easily and can result in complicated injuries to the brain.

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  • Paper in the shape of head with puzzle piece of brain taken out
    What is a Traumatic Brain Injury?

    Suffering a traumatic brain injury (TBI) is something no one wants to imagine happening. Brain injuries can result in considerable residual deficits of brain function and can affect your cognitive abilities for a short or long time or permanently.

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  • Woman holding a man’s shoulders
    Can a Caregiver Get Compensation from a Personal Injury Accident?

    Serious injuries that cause lasting, and in some cases lifetime effects, not only impact the injured person, but spouses and other loved ones who become caregivers for the injured person. An injury to a loved one can dramatically change a person’s life.

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  • Man looking at phone while driving a car
    When You Get Injured By a Distracted Driver

    In Alberta, distracted driving is a breach of Alberta’s Traffic Safety Act. Even if the driver’s performance did not appear affected, distracted driving can result in a $287 fine and three demerit points. The penalties alone do not ensure that the roads are safe from distracted driving, which evidently is outpacing impaired driving in Canada as a leading cause of injury and death.

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  • Expert Evidence
    15/02/2017 - Braithwaite Boyle
    Importance of Expert Evidence in Adding Value to Injury Cases

    Accident lawyers in most injury cases need to get third party experts involved in their case because qualified medical experts have the knowledge to properly assess a claimant’s case. In some cases our firm needs to rely on an engineering or accident re-constructionist expert in order to support our legal position.

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  • Pedestrians
    15/02/2017 - Braithwaite Boyle
    Section B Benefits for Passengers and Pedestrians

    All parties involved in the collision, even the at fault driver, have the right to seek section B benefits.

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  • Courtroom
    15/02/2017 - Braithwaite Boyle
    What Are the Elements of a Negligence Case?

    Negligence means more than just carelessness. In law, negligence is the breach of a standard of care owed to another causing injury. If an injured person proves that another person has acted negligently causing their injury, the injured person may seek to recover financial compensation for the harm done. That compensation may consist of pain and suffering damages, past and future income losses, medication expenses, property damages and future medical treatment costs, among others.

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  • Alberta, Ontario
    15/02/2017 - Braithwaite Boyle
    Alberta Distracted Driver Laws

    Driving while distracted is a major cause of motor vehicle accidents. It is against the law in Alberta to drive while distracted.

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  • Speak with an injury lawyer
    15/12/2015 - Braithwaite Boyle
    Should I talk to an Injury Lawyer before I talk to the At-Fault Insurance Company?

    Yes, for several important reasons. You should always contact a Braithwaite Boyle accident injury lawyer if you are hurt in a crash even if you do not think you have a valid claim. A Braithwaite Boyle injury lawyer will determine if your case has merit, and whether you have compensable injuries or damages.

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  • Vehicle Injuries
    17/11/2015 - Braithwaite Boyle
    Vehicle Injuries: Who Pays the Medical Costs?

    Section B medical treatment benefits usually pay for your medical treatments that are not covered by Alberta Health Services.

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  • Time Limitation Dates
    29/12/2014 - Braithwaite Boyle
    Time Limitation Dates – How long before I lose my rights to sue for my injury damages?

    In Alberta you have 2 years from the date of the accident to file a Statement of Claim to start a lawsuit. After the 2 year limitation date expiry, if no Statement of Claim has been filed, you will not be able to get compensation for your injuries.

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  • Lawsuit Cases
    01/12/2014 - Braithwaite Boyle
    Lawsuits start to finish

    A lawsuit begins when a Statement of Claim is filed at the Courthouse and it is served on the Defendant. Once this is done the at fault party is put on notice that the Plaintiff is seeking compensation for their injuries and other damages. During the case the Plaintiff’s lawyer and Defendant’s adjuster or lawyer will engage in settlement discussions and negotiations.

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  • Hit-and-runs
    20/10/2014 - Braithwaite Boyle
    Hit-and-runs: What do I do?

    Once a hit-and-run vehicle accident occurs, usually it is difficult to determine the identity of the person responsible for the accident.

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  • Cut from benefits
    06/10/2014 - Braithwaite Boyle
    What Shall I Do If I Am Cut Off of Section B Benefits?

    If you still need medical treatments and your section B treatment benefits have come to an end, you can call Alberta Health Services to see if they will cover the recommended treatments. If you have health benefits at work you should also inquire about whether the required treatments are covered through your plan.

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  • Mediation/Judicial Dispute
    08/09/2014 - Braithwaite Boyle
    Mediation/Judicial Dispute Resolution

    Mediation is a process that takes place if the Plaintiff’s lawyer and the Defendant’s lawyer cannot resolve the matter after the Questioning stage. This normally occurs when the two parties are too far apart on the amount of the proper compensation payable to the Plaintiff.

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  • Insurance Policy Endorsement
    11/08/2014 - Braithwaite Boyle
    SEF 44 Insurance Policy Endorsement – Role and Importance

    The minimum amount of public liability insurance coverage a motor vehicle owner must carry is $200,000.00. Although most people should and do have one million or more in insurance coverage. If you suffer a major injury and the at-fault party has only minimal coverage or no coverage you will want to ensure that you are adequately protected.

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  • Court Case
    28/07/2014 - Braithwaite Boyle
    Do All Cases Go to Court?

    Not all injury cases go to court, in fact the vast majority do not. However, the time to sue for compensation is limited, and one must file the law suit in court by the proper limitation date. If you have not settled your injury claim before the limitation period expires and if you have not filed the law suit with the court against the at fault party by the limitation date, you lose your right to seek compensation from the at fault party.

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  • TMJ Pain
    21/07/2014 - Braithwaite Boyle
    What is TMJ?

    TMJ is known as Temporomandibular joint dysfunction and is also abbreviated as TMD or TMJD. TMD refers to a dysfunction and associated pain of the jaw muscles which connect the mandible to the skull.

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  • WAD Injuries
    14/07/2014 - Braithwaite Boyle
    What are WAD Injuries?

    WAD means whiplash associated disorder and is defined under the Alberta Minor Injury Regulation (MIR).

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  • Minor Injuries
    07/07/2014 - Braithwaite Boyle
    What is the “Cap” and How Does It Affect My Injury Claim?

    The “Cap” applies to car accidents in Alberta where the injured party suffers statutorily defined minor injuries. Minor injuries are defined under the Minor Injury Regulation (MIR). The MIR only applies to motor vehicle accidents. The MIR came into effect in Alberta on October 4, 2004.

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