McLeod Law Personal Injury Lawyers

MicrosoftTeams-image (4)

Frequently Asked Questions

If you’ve been in an accident, there are a few steps you should take to make sure you’re safe and that the correct authorities are notified.

First, make sure you’re out of harm’s way. You may need to get assessed by EMS. If so, stay put—it’s not worth risking your own health or the health of others just to get out of an accident scene quickly.

Once you’ve made sure everyone is safe and accounted for, it’s important to exchange information with anyone else involved and any witnesses that can help explain what happened. You’ll also want to report the accident to the police if anyone was injured.

Finally, go home or to someplace safe where you can call your insurer who can help coordinate repairs. Consult a personal injury lawyer as soon as possible so they can begin looking into your case and getting ready for any potential lawsuits down the road.

It depends on whether you have insurance or not. If you do have insurance then your insurer will likely pay your medical bills unless they are able to successfully argue that they are not liable for your injuries. If you don’t have insurance then your medical bills will be paid by your own pocket unless they are able to successfully argue that they are not liable for your injuries.

The first thing to do is call us now 403.278.9411 or fill out our free initial consultation request form so we can begin investigating your claim immediately.

We have a team of lawyers and paralegals who are experts in personal injury law. We help victims of motor vehicle accidents, serious personal injury, fatal accidents, concussions, and other brain injuries, medical malpractice, pedestrian and cyclist accidents, slip and falls, disability insurance claims, and other types of negligence cases.

Medical malpractice occurs when a doctor, dentist, chiropractor, hospital, nurse or any other certified health care practitioner fails to provide you with the standard of care that would be provided to a patient under similar circumstances. The result of this can be physical injuries and even death.

Resources

 

We are pleased to announce that 17 of our lawyers across 8 practice areas have once again been recognized in The Best Lawyers™ in Canada and Best Lawyers: Ones to Watch 

“Best Lawyers’ consistent recognition of our team across practice areas reflects the strength and talent of our lawyers and reinforces our reputation as multidisciplinary leaders in the legal industryWe’re confident that our full-service, integrated approach to client service will allow us to continue to meet client needs now and in the future. – Robin Lokhorst, Managing Partner. 

Congratulations to the following McLeod Law lawyers: 

THE BEST LAWYERS™ IN CANADA 

About Best Lawyers in Canada 

Best Lawyers has been providing comprehensive coverage of top legal talents in Canada and around the world for 40 years. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Selections are determined after rigorous evaluation of peer feedback gathered through an extensive survey process. You can view more information on their methodology here. 

 By  Kristy L. Williams, PhD
 | Download PDF

Have you ever been in a car collision? If so, you’ll want to make sure you know the steps to take. Dr. Kristy Williams, a Personal Injury Lawyer at McLeod Law, recently went over what you should do in this situation.

  1. The first things you want to focus on are your health and safety. In the case that you need any medical treatment, be sure to get yourself assessed by EMS or attend to a hospital.

  2. Ensure your safety by taking necessary measures, which may include relocating your vehicle to a safer location away from the flow of traffic and if you are able, however, get pictures or video of your vehicle before moving it. 

  3. When safe, exchange any information with other individuals involved and witnesses. Section 69 of the Traffic Safety Act mandates that “individuals who have been involved in a collision exchange information”. So this means that you have to provide this information to other parties and they have to provide this to you. 

  4. Report the accident and any injuries to the police. You can also report the accident at your local police detachment. If you would like to access your accident report, you can do so through Government of Alberta: Online Collision Report System.

  5. Get any of your injuries assessed within the days or weeks following the accident. Your automobile insurer is required to provide some coverage for medical treatment necessary because of a car accident.

  6. Ensure to report the accident to your car insurer who can then help you coordinate repairs.

  7. Finally, consider reporting a personal injury lawyer. 

You can contact Kristy at (403) 908-9946 or kwilliams@mcleod-law.com

Watch Kristy Williams go into more detail here:

By Peter W Cline
 | Download PDF

We understand it can be confusing navigating the various disability resources online. That’s why we have compiled some of them here for you:

In addition to any individual or group disability insurance benefits you might be entitled to, you could also qualify for Canada Pension Plan (CPP) disability benefits.  To find out more information about this federal government programme, see the following link:

Employment Insurance (EI) sickness benefits are another potential source of income replacement for you in the event you are unable to work for medical reasons.  This is a short-term programme that pays up to 15 weeks.  For more information, see the following link:

Assured Income for the Severely Handicapped (AISH) is an Alberta Government programme that provides financial and health benefits to qualified individuals who have a permanent medical condition that prevents them from earning a living.  To find out more information about this programme, see the following link:

The disability tax credit (DTC) is a federal government tax credit that helps persons with disabilities or their supporting persons reduce the amount of income tax they may have to pay. Qualifying for the DTC may also open the door to other like programmes.  See the following link for more information:

Disability tax credit

By: Austin S. Paladeau
 | Download PDF

With the recent run of poor weather in Alberta, we have seen an increase in slip and fall accidents. Having experience with this type of injury claim, we offer some practical considerations should you ever fall in a parking lot or on a privately owned sidewalk or walkway.

The first question we usually get asked by an investigating party is what the injured person slipped on. It is not unusual for an injured person to be focused on their injury but from a legal perspective, we need to understand the root cause of that injury. Determining what you actually slipped on is a critical consideration in determining legal liability.

In a recent court decision, Reichert v Home Depot Canada Inc., the injured plaintiff gave evidence that he slipped and fell on a half inch of accumulated snow that was covering the entire Home Depot parking lot. The snow had fallen and accumulated in the hours immediately preceding the plaintiff’s fall. There was no evidence that there was ice accumulation under the snow and only trace amounts of snow had fallen in the weeks preceding the plaintiff’s fall. The temperature during those days ranged from approximately 3 to 15 degrees Celsius.

The contractor engaged by Home Depot to provide snow removal services gave evidence that the parking lot was in “good condition” three days before the injured plaintiff slipped and fell. The contractor agreed that “good condition” meant that the parking lot was safe and free from slipping hazards.

The plaintiff’s case was ultimately dismissed by the court. The court accepted the plaintiff’s recollection that there was only a half inch of accumulated snow and that it was indeed snow that he slipped on. The court accepted that the contractor was only obliged to plow after 2” of snow accumulated, pursuant to its contract with Home Depot and general industry standards for commercial snow removal in parking lots.

Often, after a fall an injured person will rightly be focused on getting to medical care centre or home. It is understandably, not going to be the natural instinct to examine your physical surroundings. However, if you a family member or friend could visit the site as soon as possible after your accident, it is very helpful to gather the following information:

  1. The name and contact information of anyone who witnessed your fall and any first emergency responders.
  2. Photographs of the area you slipped and fell. 
  3. If possible, measure the size of the ice patch or other hazard, and include the measurement tool in the photographs.
  4. Photographs of the clothing and footwear you wore at the time of the fall (if possible, preserve that clothing and footwear for later inspection).

If you have been involved in a slip and fall accident, you can contact any of our Personal Injury lawyers. We offer a free initial consultation and we’ll give you an honest assessment of your claim and talk about the best approach.

By: Kristy L. Williams, PhD

 

With the recent run of poor weather in Alberta, we have seen an increase in slip and fall accidents. Having experience with this type of injury claim, we offer some practical considerations should you ever fall in a parking lot or on a privately owned sidewalk or walkway.

The first question we usually get asked by an investigating party is what the injured person slipped on. It is not unusual for an injured person to be focused on their injury but from a legal perspective, we need to understand the root cause of that injury. Determining what you actually slipped on is a critical consideration in determining legal liability.

In a recent court decision, Reichert v Home Depot Canada Inc., the injured plaintiff gave evidence that he slipped and fell on a half inch of accumulated snow that was covering the entire Home Depot parking lot. The snow had fallen and accumulated in the hours immediately preceding the plaintiff’s fall. There was no evidence that there was ice accumulation under the snow and only trace amounts of snow had fallen in the weeks preceding the plaintiff’s fall. The temperature during those days ranged from approximately 3 to 15 degrees Celsius.

The contractor engaged by Home Depot to provide snow removal services gave evidence that the parking lot was in “good condition” three days before the injured plaintiff slipped and fell. The contractor agreed that “good condition” meant that the parking lot was safe and free from slipping hazards.

The plaintiff’s case was ultimately dismissed by the court. The court accepted the plaintiff’s recollection that there was only a half inch of accumulated snow and that it was indeed snow that he slipped on. The court accepted that the contractor was only obliged to plow after 2” of snow accumulated, pursuant to its contract with Home Depot and general industry standards for commercial snow removal in parking lots.

Often, after a fall an injured person will rightly be focused on getting to medical care centre or home. It is understandably, not going to be the natural instinct to examine your physical surroundings. However, if you a family member or friend could visit the site as soon as possible after your accident, it is very helpful to gather the following information:

  1. The name and contact information of anyone who witnessed your fall and any first emergency responders.
  2. Photographs of the area you slipped and fell. 
  3. If possible, measure the size of the ice patch or other hazard, and include the measurement tool in the photographs.
  4. Photographs of the clothing and footwear you wore at the time of the fall (if possible, preserve that clothing and footwear for later inspection).

If you have been involved in a slip and fall accident, you can contact any of our Personal Injury lawyers. We offer a free initial consultation and we’ll give you an honest assessment of your claim and talk about the best approach.

By: Matthew B. White

Passengers can be injured in car accidents too. And sometimes the driver of the vehicle they were in, is responsible for causing the accident. This can happen in multiple vehicles or single vehicle accidents where no other cars are involved. When this happens, the passenger has rights to what is called a “passenger hazard” claim against the driver of the vehicle they were in.

In this scenario, the passenger rarely has any liability because they were not in control of the car. But if the passenger distracted or touched the driver, grabbed at the steering wheel or interfered with the driver’s safe operation of the vehicle, the passenger can bear some responsibility and be liable to some extent.

In these types of claims, it’s advisable to not discuss the details of your injury claim with the driver who is the “at-fault” party – which can be awkward if they are friends or family but is important to protect their rights.

A “passenger hazard” claim is essentially when a passenger files a claim against the driver and owner of the car they were in. If the passenger was also the vehicle owner, then the passenger would only sue the driver because you cannot sue yourself. In a case like this, the vehicle owner’s insurance company must act as both:

  1. the injured passenger’s own insurance company (Section B) and
  2. the at-fault driver’s insurer (Third Party).

Two separate auto insurance adjusters should be appointed within the same insurance company to assume these two distinct roles and they should not share information with each other without the injured passenger’s consent.

From that point forward the claim is administered just as any other claim. The passenger deals with the Section B adjuster for the first 2 years to receive funding for treatment costs and disability, if eligible, and the main claim still proceeds against the third party insurer for the rest of the passenger’s compensation (i.e. pain and suffering damages, lost income, future care costs, etc.) which often takes more than 2 years to resolve especially when chronic pain or more severe injuries are involved.

“Passenger hazard” situations can become complicated and confusing quite quickly for injured parties, even with insurers who have the best of intentions. It is often helpful to consult with a lawyer to gain a better understanding of your rights, obligations and risks in a situation like this, and to make sure you are properly protected from parties who are adverse in interest to you.

McLeod Law offers a free consultation – call a lawyer in our Personal Injury group. If we are able to take your case, you do not pay a fee, unless we win.

Resources