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With over 60 combined years of legal defense experience, you can be confident that your case will be well represented.
If you sustain a personal injury, you should seek immediate medical attention. Consult an injury lawyer as soon as possible. It is not in your interest to meet with an insurance adjuster without a lawyer assisting you. Insurance adjusters are hired to protect the interests of the insurance companies; it is up to you to protect your interests.
Call today for a FREE consultation: (780) 423-1234
Thousands of people are seriously injured in car accidents every year in Alberta. A car accident can occur without warning, and within moments, the lives of those involved may be negatively impacted for years to come. Unfortunately, it is very common for individuals involved in motor vehicle accidents to sustain broken bones, tearing of soft tissue or even head or spinal trauma; all of which may lead to permanent injuries, inability to work, and constant pain and suffering. Some injuries commonly associated with auto accidents may include: broken bones, torn ligaments, neck and back injuries, chronic pain, brain injury, amputations, and spinal cord injury.
If you have been injured in a car accident, there is hope. At Iginla & Company, we have represented thousands of people who have suffered injuries in motor vehicle accidents. As the law currently stands, you may be entitled to compensation for your pain and suffering, your past and future loss of income and even future medical treatment. Irrespective of fault, you are entitled to claim benefits from either your own or the other driver’s insurance company. If you have any questions regarding your rights, you should call us now at (780) 423-1234 or fill out our Case Evaluation Form. The law in Alberta is very confusing so call us now for a free consultation.
Have you slipped, tripped or fallen on another’s property because ice or snow, water, poor lighting or a hidden hazard? If so, you may be entitled to compensation for your pain and suffering and any other economic loss incurred. Please contact our firm immediately or fill out our Case Evaluation Form and we will provide you with the legal advice you need to successfully pursue your claim for compensation.
In general terms, a “slip and fall”Â accident refers to situations where a person is injured by slipping, or tripping, and falling due to a dangerous condition on the premises. Such falls can happen inside or outside a building, and be caused by such conditions as bad flooring, wet floors, poorly lit steps, or, in the case of outdoor accidents, weather-related or hidden hazards. An icy patch outside a door or a crack, a raised ledge or pothole can be the cause of a slip and fall in a parking lot, for instance. In Ontario, ice is often the cause of many very serious slip and fall accidents.
Property owners have a “duty of care” to see that their property is reasonably safe under the circumstances. This includes ensuring that the building has no structural defects or unusual dangers that could cause an accident, both inside and out. Structural defects or unusual dangers can include: loose floor mats, rugs, or tiles; water on the floor; badly lit stairs or steps; cracks or holes in sidewalks or parking lots. Weather-related hazards may include standing water, snow and icy spots. A plaintiff or claimant also has a duty to exercise reasonable care, so if any action of yours contributed to the accident, you may share in the negligence.
Often, people contact our firm requesting information about what they should do after a slip or trip and fall accident. If you have any questions regarding your rights, you should call us now for a free consultation at (780) 423-1234 or fill out our Case Evaluation Form.
If you are bitten by a dog in Alberta, the first thing you will want to do is to get the name of the dog owner, thus identifying the person at fault for the dog bite incident. While this may seem like a simple task, especially if you are bitten at somebody’s home or on their premises, it can prove problematic if you are bitten in a public place and by a dog with whom you are not familiar with.
At any point following the dog bite incident it is appropriate to seek out a lawyer who is experienced with regards to dog bites. To facilitate your claim against a dog owner, it is helpful to provide your lawyer with the name and address of the dog owner, as well as to take pictures of the wounds that you suffered as a result of the dog bite incident.
The standard is in favor of the person who is bitten by the dog and since it need only be proven that the dog bite(s) injury occurred for this liability to apply. In spite of the strict liability imposed by Alberta law with regards to dog bites, the person who was bitten or their guardian at the time of the incident if they are a minor may be found partially liable or contributory negligence for the dog bite injury. This occurs and is dependent upon a set of circumstances that concludes under which the dog bite occurred, there is a caveat -some of the more common set of circumstances are a person provoking the dog or the guardian of the minor failing to properly supervise the minor, thus contributing to the occurrence of the dog bite injury.
Who is financial responsible for my dog bite injury claim?
Dog bites are generally covered by the owner’s home insurance policy and therefore when owner of the dog is notified that the victim of the dog bite injuryÂ and incident is seeking a claim for damages, they merely need pass the notice / statement of claim to their home insurer who will then assign an insurance adjuster to handle claim. It is well worth noting that even if the dog bite incident occurs outside of the home, that the dog owner’s home insurance policy should still respond to any claims made arising out of a dog bite incident.
Under the Act, a court can also order a dog owner to take more control over a biting dog or even get rid of the dog altogether. The consequences for an owner will depend on what the dog has done and on the owner’s conduct or lack thereof. If the court decides that the dog is a hazard to the safety of the public, it can order that the dog be euthanized or the court can allow the dog to remain alive, but order the owner to take more precautions to protect the public from the dog.
The dog bite laws in Alberta are clear. Owners of dogs who bite will in the overwhelming majority of cases be liable to the victim for damages. To find out more please contact us.
Iginla & Company has extensive experience assisting victims of brain and spinal cord trauma and their families. Traumatic brain injury is any injury to the brain that results in damage to brain tissue and disrupted brain function.
The damage may occur at the time of the traumatic event or may develop later as a result of swelling and bleeding. Brain injuries occur in different areas of the brain with varying degrees of severity so victims may be affected in different ways. The disruption of brain function may affect personality, thinking, communication, or mobility.
Traumatic brain injury is any injury to the brain that results in damage to brain tissue and disrupted brain function. The damage may occur at the time of the traumatic event or may develop later as a result of swelling and bleeding. Brain injuries occur in different areas of the brain with varying degrees of severity so victims may be affected in different ways. The disruption of brain function may affect personality, thinking, communication, or mobility.
The impairment may be temporary or permanent and victims are left with partial to total functional disability. The rate and extent of recovery from brain trauma can vary considerably, even between patients with similar injuries. We work with medical practitioners and other experts specializing in a number of fields related to brain trauma in order to ensure that our brained-injured clients receive multidisciplinary treatment tailored to each client’s unique needs so that they may, to the extent possible, return to their pre-accident lifestyle.
Spinal cord injuries often have a drastic impact on the victim’s level of function. They often cause tremendous pain, limitations in range of motion and mobility, as well as loss of sensation .Spinal cord trauma affects the transmissions of signals to and from the brain and nature and extent of associated symptoms depends on the part of the spine that is affected.
Trauma to the upper spinal cord known as the cervical region affects the neck and in some cases results in paralysis of limbs. Injury to the middle section of the cord known as the thoracic region may cause paralysis in the lower body. Finally, injury to the lower spine known as the lumbar region may result in loss of mobility and sensation in the lower body and loss of control of the legs and hips, urinary system and bowels.
We help victims of spinal cord and brain trauma maximize compensation so that they do not have to worry about funding for their medical and economic needs. We work alongside experts in order to ensure there is an effective rehabilitation plan and program that allow our clients to return, to the extent possible, to their pre-accident level of function. We focus on assisting them to receive the medical care necessary to facilitate improvement with cognition, functional independence, psychological issues and societal and vocational reintegration.
Iginla & Company will fight tenaciously to ensure that the insurer complies with its obligations to act in good faith and provides fair and adequate compensation to provide for your medical care, economic and other needs.
In Alberta, the Victims of Crime Act created the Victims of Crime Fund and introduced the Financial Benefits Program in 1997. Any provincial fines and surcharges which result from criminal proceedings in the province are utilized to fund this program. The Victims of Crime Fund is administered by the Public Security Division within Alberta Solicitor General and Public Security. The Financial Benefits Program in Alberta aims to provide victims of crime, who have suffered physical or emotional harm as a direct result of a violent crime in Alberta, a one-time financial benefit based on the victim’s injuries, to aid in the quickest most efficient recovery of the victim.
Who is eligible for financial benefits?
An individual who has suffered physical or emotional harm as a result of a crime that occurred in Alberta may be eligible for benefits under this program. Additional factors also exist. The crime must have been reported to the police within a reasonable time, and the victim must provide his/her cooperation to the police investigation. A time expiry date of two years to apply for financial benefits exists. A victim does not need to wait for charges to be laid or for a conviction. However, in cases when a victim endured circumstances under which he/she could not reasonably have applied during the two year limit, considerations may be made. Examples of this may include a child victim whose parents did not apply on his/her behalf, or a victim who has suffered a brain injury and has been hospitalized for an extended period of time. Finally, the applicant must cooperate with the Financial Benefits Program and provide any authorization necessary for the Program to make inquiries and obtain any necessary information to decide upon the application. In addition to the direct victims, the Program recognizes that children or severely incapacitated/disabled adults may not be able to apply for benefits on his/her own behalf. As a result, they allow applications from a guardian or someone acting on the victim’s behalf. Finally, for deceased victims, a surviving family member or any other person acting on behalf of the deceased may apply for a death benefit.
Certain specific exclusions exist as well. Those victims who were charged or convicted of an offence as a result of the incident may not apply for financial benefits. In addition, victims of motor vehicle or property offences such as impaired driving or break and entry are not eligible to apply. Finally, other than those family members who apply for a death benefit on behalf of a deceased victim, secondary victims such as family members of the victim or witnesses to the crime are not eligible for the program.
What benefits are available?
Financial benefits under the Financial Benefits Program of Alberta provides financial assistance in the form of a one-time sum based on the severity of the injuries. A monthly supplement may be available, in the cases of quadriplegia and the most severe brain injuries. The amount of any one-time sums are determined by the regulation to the Victims of Crime Act. This program does not provide compensation for any costs or losses as a result of the incident such as property damage, medical expenses, funeral costs, loss of wages or pain and suffering. To seek compensation for these costs, a victim may take civil action against the offender, or inquire with the Crown or Police about seeking restitution as a part of the sentencing of the offender.
The Application Process
In order to apply for financial benefits, victims of crime in Alberta must submit an application form which inquires about information such as victim’s personal information, applicant information, information surrounding the incident, injury information, and any relevant authorizations. The staff of the Financial Benefits Program will usually obtain any relevant additional police or medical records required to make a decision. The Criminal Injuries Board is an appointed board which conducts independent reviews of the financial benefits decisions. Decisions will be provided in writing to applicants, and usually take a minimum of four months to be administered.
As previously mentioned, restitution can be sought by victims who wish to receive additional compensation for costs or losses incurred as a result of victimization. Restitution refers to payment required by the offender by the judge to repay the victim for the losses they have suffered. Restitution may be ordered to compensate damage, destruction, loss of property, bodily or psychological harm, expenses incurred in moving out of the offender’s house, as well as losses incurred by unknowingly purchasing or lending money on stolen property. In order to apply for restitution, a victim must fill out the Request for Restitution form given to them by police. The police will then send the form to the Crown prosecutor, who will determine whether an application will be made to the court. If the Crown declines to make the application, the victim may request the court to do so on its own motion. The judge will decide at the sentencing hearing if restitution will be awarded as a part of the offender’s sanctions.
You may have purchased disability insurance or obtained disability insurance through your employer to ensure financial security in the event that you are disabled due to illness or injury and therefore unable to work. Unfortunately, insurance companies often deny valid disability claims or wrongfully terminate disability benefits.
Our law firm has successfully sued Canadian disability insurers and forced them to comply with their obligations to act in good faith in accordance with the terms of the disability policy. We have compelled them to pay wrongfully denied payments with interest and reinstate disability payments.
We are generally able to negotiate a lump sum cash settlement for all past and future disability benefits.
When a person dies as a result of the negligence of another person, family members of the deceased may be able to bring a claim against the person whose negligence resulted in the fatality. Claims may be made for compensation for loss of care guidance and companionship, loss of the value of the deceased’s housekeeping contribution, loss of income, grief counselling and funeral and other expenses.
At Iginla & Company, our lawyers would help you understand your legal rights and options arising from the difficult circumstances of the death of a loved one.
Contact one of our personal injury lawyers for a free consultation.
If you have any injuries at all, and it is not your fault, then it is in your best interest to talk to an injury lawyer, not matter how serious you think the injury may be. You deserve compensation and we can get it for you. Even situations such as chronic pain or medical malpractice may be disputed legally. We are a dedicated group of professionals who will work hard to ensure you are fairly compensated for your injuries.
Iginla & Company
9602 82 Ave
Edmonton: (780) 423-1234
Calgary: (403) 256-1234