Why Settle?

A settlement is a negotiated agreement between the parties involved in the accident. Working with your lawyer, the goal is to come to an agreement with the defendant’s insurance company and their lawyer as to how much they will pay you as compensation for your injuries.

Whenever possible, a settlement is preferable to going to trial. Trials are time-consuming. It can take years before your case is ready to go to court, meaning you may wait a long time for compensation. Trials are also costly – contingency fee agreements usually involve an increase in fees if your case goes to trial, which means less money in your pocket.

In addition, and perhaps most importantly, the settlement process gives you more control over the outcome. When you go to court, the decision is entirely in the hands of the judge. This can be risky. The court may be bound by prior case law, allowing less flexibility to consider your personal, social and economic factors. As well, for a variety of reasons, the court may view your claim more conservatively than the insurance company and their lawyer, resulting in you recovering less at trial than if you had settled.

Assessing your damages

When you enter settlement negotiations, there are many factors that come into play to determine how much compensation you should ask for. Central to the analysis is the nature and severity of your injuries and their effects on your life. Every plaintiff is different, and every damage award will be unique. It is important to have legal counsel that is experienced in analyzing medical evidence and understanding the potential long-term consequences of your type of injury. This helps present evidence that supports the full impact an injury (or injuries) has (and may have) on your life.

Although every personal injury claim is different, you may be entitled to receive the following types of compensation:

• General Damages for Pain and Suffering – this is compensation for the intangible losses that result from both physical and mental or emotional injuries.
• Past and Future Loss of Income
• Future Cost of Care – this is compensation to cover the cost of care and medical treatments the plaintiff will require in the future.
• Past and Future Loss of Housekeeping Capacity
• Miscellaneous Out of Pocket Expenses (for example, mileage, prescriptions, treatment costs, and mobility aids)
• Loss of Consortium (available to the spouse of an injured person where the marital relationship has been seriously disrupted)

Proving your claim

Before a plaintiff can be awarded compensation, either through a settlement or by the court, they will have to provide evidence of their damages. The plaintiff’s damages must be causally linked, or factually related, to the accident – that is, the losses must be a reasonable consequence of the accident. Again, it helps to have a lawyer who is well-versed in how to prove damages during the negotiation process.

Pain and suffering damages

In Alberta, there are limits on how much a plaintiff can recover for pain and suffering damages. In cases involving certain types of minor injuries, the Minor Injury Regulation (MIR) may come into play. The MIR caps how much compensation can be received for temporary soft tissue injuries like sprains, strains, and whiplash that were suffered in a motor vehicle accident. For 2026, the minor injury cap is $6,306. This is the maximum that can be received for pain and suffering in a minor injury case, although a plaintiff can still be compensated for other losses like lost wages or medical expenses. However, if these types of injuries are associated with chronic pain and do not resolve, the cap will likely not apply (more information about the minor injury cap can be found at our blog post HERE).

In cases involving more serious injuries, there is also a maximum amount that a plaintiff can be awarded for pain and suffering. In a trilogy of cases decided in 1978, the Supreme Court of Canada set a cap on the upper limit that can be awarded as damages for pain and suffering. Two lawyers from CAM LLP, Ron Cummings K.C. and Don Andrews K.C., were instrumental in the ruling and argued before the Supreme Court. At that time, the cap was set to an upper limit of $100,000. Taking inflation into account, the cap on damages for pain and suffering in 2025 was approximately $469,000. This amount is reserved for the most severe injuries, such as permanent, debilitating brain injuries or quadriplegia. More information about  damages for pain and suffering and other losses can be found at our blog post HERE.

Some examples

Given the variety of factors influencing settlement outcomes, and since every plaintiff’s injuries and personal situation is unique, it is difficult to predict exactly what amount you might obtain in a settlement. However, awards that have been granted by courts in prior cases involving plaintiffs with injuries similar to yours can be used to guide discussions about how much your claim may be worth. Some recent decisions help to illustrate amounts that courts have awarded. Note that every case turns on its own facts.

In Camacho v. Lacroix, 2023 ABKB 610, the plaintiff was a 32-year-old woman who was injured in a rear-end motor vehicle accident. She was diagnosed with a whiplash injury to her cervical spine. After the accident, she continued to suffer from chronic pain in her neck and shoulder, weakness and tingling in her arm, headaches, jaw pain, sleep issues, and concentration and memory issues. The court awarded her $95,000 in general damages for pain and suffering, $261,000 for future loss of income, $99,250 for cost of future care, and $16,048 for special damages. Her total award was therefore $471,298, plus pre-judgment interest.

In Jones v Stepanenko, 2016 ABQB 295, the plaintiff, a 19-year-old woman, was injured in a rear-end accident that caused serious soft tissue injuries to her cervical and lumbar spine. She continued to suffer from severe headaches and a chronic pain condition, which included fibromyalgia and myofascial pain syndrome. The court awarded her $80,000 in general damages for pain and suffering, $18,403 for past loss of income, $125,000 for loss of future earning capacity, $15,000 for loss of housekeeping capacity, $36,500 for cost of future care, and $7,779 in special damages. Her total award was therefore $282,683 plus pre-judgment interest.

The damages awards in these two cases illustrate the importance of having an injury lawyer who is experienced.

If you have been injured in an accident and are considering settling your matter with the other party, it is critical that you consult with a lawyer as early as possible and certainly before starting settlement negotiations. The experienced personal injury lawyers at CAM LLP can get you the compensation you deserve. CONTACT the lawyers at CAM LLP for a free legal consultation.

The post Factors That Influence the Amount of a Personal Injury Settlement appeared first on CAM LLP.

Effective January 1, 2026, the maximum minor injury amount of $6,182 will be increased by 2%, to $6,306. The new amount is applicable to minor injuries resulting from automobile accidents that occur in Alberta on or after January 1, 2026.

Does the move to No-fault affect the Minor Injury Cap?

The Alberta government is still intending to move to a no-fault system effective January 1, 2027. This does not affect the minor injury cap for 2026. For  information on the move to no-fault and what it means for Albertans, please see our post: NO-FAULT AUTOMOBILE INSURANCE: What This Means for You.

Questions about the Minor Injury Cap and how it affects you?

We are always happy to help people understand their options regarding an injury claim. Contact us if you would like a free consultation to get answers about your specific situation.

What you Should Know about Alberta’s Minor Injury Regulation

If you sustain soft tissue injuries in a car accident you may have heard reference to the minor injury cap or been told that by an insurance company representative that your injury is “caught by the cap.” What this means is that the total amount of pain and suffering damages due to this type of injury are limited, i.e., capped, at an amount set each year under Alberta’s Minor Injury Regulation.

Since 2004, total damages recoverable for minor soft tissue injuries have been limited by the government through the Minor Injury Regulation (MIR). The MIR is intended to cap the amount of damages payable for minor injuries initially defined as a sprain, strain, or “whiplash-associated disorder (WAD)” that does not result in serious impairment.

In 2004, the minor injury cap was $4,000 and that has moved up due to inflation from $6,182 in 2025 to $6,306 for 2026, a 2% increase. The history of inflationary increases is summarized in the table at the bottom of this post.

Soft Tissue Injuries in Plain Language

A soft tissue injury – minor injury – is damage to tissue, ligaments, muscles, or tendons that does not cause long-term problems with work, leisure, or other regular activities.

The Cap Does not Always Apply

It is important to know that not all soft tissue injuries are capped. The key is whether the injuries end up resulting in a “serious impairment” such that you can no longer perform the essential tasks of your employment, or of an education or training program, or other normal activities of daily life, and this has been ongoing since the accident, and is not expected to “improve substantially.”

Whether an injury is considered “minor” and caught by the cap depends on the evidence related to your injury. An injury that initially appears minor, may turn out to cause you long term problems.

For further information about injuries that are not included in the cap and a discussion of what “serious impairment” means, you can refer to our post: Confused about Alberta’s Minor Injury Cap ?.

Understanding whether your injuries fall within or outside the cap is one of many good reasons to talk to a personal injury lawyer about your case. When it comes to your well-being and your rights, getting full information about your options is always a wise move.

The Minor Injury Cap does not Cap Other Damages

It’s also important to understand that the minor injury cap does not limit your ability to claim other types of damages such as loss of income, cost of care, loss of housekeeping capacity or out of pocket expenses.

If you have questions about whether, or how, the cap applies to you, we encourage you to contact us or another lawyer to find out more. We are always happy to talk with you about your case and we’ll tell you what we think.

Annual Adjustments to the Minor Injury Cap

The total amount recoverable as damages for non-pecuniary loss (also known as general damages for pain and suffering) for minor injuries resulting from an automobile accident is adjusted annually.. A Table of the historical maximum injury amount is below:

Historical Annual Adjustments to the Minor Injury Cap

The maximum minor injury amounts by effective date are as follows:

The post Alberta Minor Injury Cap – Update 2026 appeared first on CAM LLP.

Good evidence is the backbone of every legal case, and a necessary ingredient for a court to be able to perform its task of deciding whether to grant a plaintiff’s claim. To advance your personal injury claim, there are several types of evidence that your lawyer will work with you to collect to advance your insurance claim, or in preparation for mediation or trial.

What is “evidence”?

Evidence is information used to prove facts; a fact is something that we know to be true. When you are in a lawsuit, you are going to make allegations about facts and circumstances to establish what happened to you and the injuries you sustained.

For example, your statement of claim might allege that the defendant rear-ended you and that this accident is the cause of your ongoing neck and back pain. Those allegations assert facts whose truth you will need to back up by placing compelling evidence before the court. The stronger the evidence, the harder it is for the other party to refute your claim.

What does the evidence have to prove?

To be successful, you will need to provide evidence about two key issues: liability (who is at fault) and quantum (losses related to your injuries).

Evidence about liability seeks to prove not only that the defendant’s conduct was wrongful, but also that it caused your injuries. Even if the defendant did something wrong, they will not be liable to you if their conduct was not the thing that caused you to sustain loss or injury.

Quantum is the dollar value of the losses that you have suffered. Quantum evidence must concretely establish what your injuries and damages are, as well as their financial cost to you.

Types of evidence

Building a successful case to support your claim will likely require several types of evidence.

Testimony

One of the most important types of evidence is live eyewitness testimony. Reliable eyewitnesses giving a firsthand account of what they know or saw can be extremely helpful to proving your case. The eyewitness may eventually be called to testify in court, where the information they provide will be sworn under oath, and the other side will have the opportunity to cross-examine them. However, your lawyer will want to speak to them well in advance of any court date in order to evaluate what evidence they have to offer and how it may help (or hurt) your case.

People who may be in a position to provide useful testimony could include yourself, your friends and family, witnesses to the accident, first responders or healthcare providers who can provide information about your injuries and subsequent rehabilitation progress.

Documentary or physical evidence

Important information about your claim will also come from documentary evidence. This type of evidence can include materials such as medical and employment records, tax returns, accident reports, emails, pictures, text messages, and video recordings. Every case will have thousands of pages of documentary evidence that will need to be considered by your lawyer.

In addition to records related to your injuries and losses after the accident, documents about your medical and employment history from before your accident may also be relevant to help establish what your circumstances were like before you were injured. How far back the records will need to go will depend on the circumstances of each particular case and an analysis of what is relevant and material.

Although documents like medical records are normally confidential, the filing of a personal injury lawsuit will require relevant and material records to be disclosed to the opposing party and their counsel. You will be required to sign a release allowing your lawyer to obtain copies of records that are relevant to your claim from your doctors and other treating professionals such as chiropractors and physiotherapists. That information will also be provided to the

Expert evidence

Once the documentary evidence about your medical condition and your employment history has been collected, it may be necessary to have an expert review that material and prepare a report that will help the court to interpret what the evidence proves.

Experts may be anyone who has knowledge (often gained through specialized education and experience) that is considered to be outside the common knowledge of the judge. In personal injury cases, it is typical to use medical experts to help the court assess the extent of your injuries and their relationship to the accident. If you are seeking compensation for loss of income – especially loss extending into the future – your lawyer may recommend using an economist or actuary to help calculate the value of those losses. We discuss the role of these and other types of experts in more detail in our previous post “5 Experts Your Personal Injury Lawyer Should Know About”.

You may also be asked to undergo an Independent Medical Examination or a Defence Medical Examination to assess and verify the extent of your injuries. This is standard in most personal injury cases. The additional information (evidence) gained from these examinations is helpful to narrow the issues and allows your lawyer to focus on the key issues in dispute. For more information about these examinations, you may find it helpful to review these posts:

• Independent Medical Examinations (IMEs): What you need to know, and
• Dos and Don’ts for your Defence Medical Examination.

An experienced injury lawyer should explain these processes to you and let you know what to expect.

Things to be mindful of

It is good to keep in mind that at the same time that you are working to collect evidence needed to advance your claim, parties adverse in interest to you are doing the same – for example, the insurance adjuster or counsel for the defendant(s). They will be interested in any information that might suggest your injuries are not as severe as you claim or otherwise contradicts your evidence about what occurred. There are practical things you can do to make sure you do not undermine your own case.

Accuracy, consistency and honesty are key

One is to make sure any information about your condition that you report to medical professionals or anyone you consult about your injuries is accurate and honest. Taking this approach fosters your credibility, and as we have discussed in previous posts, can significantly influence how an insurance adjuster, mediator, or (if necessary) a court may view your claim. See: “Credibility” and “Video Surveillance” for a more detailed discussion of the role credibility plays in building a strong case.

Be wary of posting on social media

A second item to be mindful of is what you post on your social media accounts after an injury and during your recovery. While it may feel natural to post about your accident, health, or state of mind following your accident, remember that other parties may be in a position to access that information and anything you or your contacts post could become evidence working against you at trial. In our view, staying off  social media while pursuing your personal injury claim is wise – see our post “Why You Should Stay off Social Media After You Are Injured in an Accident” for more information.

Contact us for help

If you have been injured in an accident and have questions about what kind of evidence you will need to prove your claim, CONTACT the lawyers at CAM LLP for a free legal consultation. Our experienced personal injury lawyers can help you get you the compensation you deserve.

The post What Evidence Will I Need for my Personal Injury Lawsuit? appeared first on CAM LLP.

What is included in a cost of future care claim?

If you have suffered serious or disabling injuries, you may require specialized ongoing medical care and attention for a period of time or permanently to assist you. However, even plaintiffs suffering less debilitating injuries may incur future costs to address ongoing symptoms. Costs arising in  these types of situations are eligible to be included in a cost of future care claim.

Each plaintiff’s cost of future care will be specific to their own injuries and needs, but may  include physiotherapy or other treatment, medication, counselling, equipment like braces and crutches, and home care needs. Occasionally, an award for Replacement of Household Services is also included under this head of damages. Replacement of Household Services may include house cleaning, snow shovelling, and yard work, if it is shown that the plaintiff’s injuries prevent them from being able to maintain their household.

Establishing entitlement

The Alberta court discussed cost of future care awards in the recent case of Samra v. Houle, 2025 ABKB 24. The plaintiff had sustained an ankle injury in an assault and suffered mobility issues and psychological problems. He claimed  for future psychologist treatments and periodic physiotherapy. The court stated that the proper test for assessing a plaintiff’s future cost of care is whether the care cost is reasonably necessary for preserving the patient’s health. To meet this test there must be evidence presented to the court that links a doctor’s assessment of pain, disability, and recommended treatment to the future care being claimed in order to recover damages. In Samra, the plaintiff was able to establish his future need for physiotherapy and psychological treatment were reasonably necessary for preserving his health He also made a successful claim for loss of future housekeeping. The court agreed that because of the ongoing pain and swelling in his ankle, the plaintiff would need help in the future for tasks such as mowing the lawn, shovelling snow, and moving furniture or other heavy objects.

Limitations on the scope of covered costs

There is no cap or upper limits on what can be recovered for a plaintiff’s cost of future care award. The plaintiff only needs to provide evidence to show that what they are seeking is reasonable and necessary to maintain their condition. An interesting case in this regard is University of Regina v. Biletski, 2019 SKCA 44. The plaintiff was a 16-year-old competitive swimmer who was rendered a permanent quadriplegic after diving into a pool. At trial, a jury awarded the plaintiff $5.7 million to cover the cost of her future care. Among the lengthy list of items that the plaintiff was awarded for her future care was the use of an exoskeleton, a robotic wearable assistive device that enables some individuals with a spinal cord injury to walk or supplement their rehabilitation program. The defendant appealed the cost of future care award, arguing that the exoskeleton was a very expensive piece of equipment and the award was unreasonable. The court disagreed and upheld the jury’s award.

In another Alberta case, T(A) (Next Friend of) v. Mah, 2012 ABQB 777, the plaintiff was a child who was injured before and during her birth because of medical malpractice, and was born with serious medical deficiencies. The court held that the plaintiff was likely to experience a gradual loss of mobility, and she would never be able to care for herself. The plaintiff’s cost of future care award was tailored to concentrate on physical activity that would help to maintain her mobility and weight control for as long as possible and on learning skills that would optimize her social interaction and cooperation with her primary caregivers. Her award covered items such as physiotherapy, speech and language therapy, occupational therapy, counselling, wheelchairs, a wheelchair accessible van, and extensive modifications to the parents’ family home.

Quantifying costs of future care

Calculating the amount of damages that a plaintiff may receive for their cost of future care award can be complicated, as it must reflect projected costs which have not yet been incurred, and which may be affected by variables and contingencies whose occurrence is uncertain. For example, if an injured plaintiff will require full time nursing assistance for the rest of their life, the court will first need to assess the annual projected costs of the nursing assistant’s salary, accounting for inflation and potential wage increases. The next step is to multiply this amount by the remaining number of years that the plaintiff is projected to live. The court may also need to consider how the plaintiff’s condition is likely to evolve over time.

Evaluating the considerations that affect cost of future care unavoidably involves a degree of speculation and estimation. To assist the court in assessing the relevant factors, expert evidence will have to be presented by your lawyer. Some of this expert evidence might include:

• Medical evidence showing that the outside assistance and care being claimed is reasonable and necessary.
• Actuarial evidence as to the estimated life span of a person with injuries that are similar to the plaintiff’s; and
• Evidence on the present value of the projected cost of future care and household services, taking into consideration contingencies such as a plaintiff dying or becoming disabled in the future (independent from the accident injuries).

If you are in a situation where you are entitled to cost of future care there is a strong possibility that you are also entitled to make a claim for loss of future earning capacity or opportunity. For additional information on these types of claims, see:

• Calculating Loss of Future Earning Capacity and
• What is my Claim Worth? Non-pecuniary Damages and Loss of Opportunity.

If you have been injured in an accident and are wondering about what type of claims for compensation that you can make, CONTACT the lawyers at CAM LLP for a free legal consultation.

The post Cost of Future Care: What’s Included? appeared first on CAM LLP.

What is a Limitation Period?

A plaintiff does not have an unlimited right for the rest of their life to start a lawsuit; there is a statutory deadline by which you must take legal action. The deadline to start a lawsuit is known as a limitation period. Limitation periods apply to all types of lawsuits and are crucial timelines that cannot be missed. After the limitation period expires, the plaintiff is considered to be statute-barred from suing. This doesn’t mean you can’t start a lawsuit, just that the defendant has an extra defence to it. Essentially, if you start your lawsuit after the limitation period has expired, that expiry is a complete defence to your lawsuit. That is, you can still spend the time and money to start a lawsuit, but the defendant can easily have it dismissed and you may be required  to pay their court  costs.

While it might seem unfair that a plaintiff who has been harmed by another person can lose the right to sue the person responsible, there are several reasons for putting a time limit on a plaintiff’s ability to sue. First, time limits are necessary to provide fairness to defendants. A defendant should definitively know at some point whether or not they will be sued, rather than spending the rest of their lives with the threat of a lawsuit hanging over their heads.

Second, time limits help to ensure that lawsuits are brought while evidence still exists. The longer a plaintiff waits to start a lawsuit, the more likely it is that witnesses could move away or die, memories of the events will fade, and documentary or other evidence may be lost or destroyed. As the availability of evidence declines, this will cause harm to both the plaintiff’s and the defendant’s ability to present their sides of the case.

How are Limitation Periods Calculated?

The rules around limitation periods are set out in the Alberta Limitations Act. In most circumstances, a lawsuit must be started within two years from the time when the plaintiff knew or ought to have known:

1. that their injury or loss occurred;
2. that the defendant was responsible; and
3. that their claim warranted legal proceedings.

The two-year limitation period only starts to run when all three of these criteria are met.

For example, if you were hit by a car today, the two-year limitation period would likely start running on the day you were struck by the vehicle. That’s the day that you knew you were injured, who caused the injury, and that you had a reason to sue. Similarly, if you walked into your apartment and discovered water pouring from a burst pipe, the two-year limitation period would likely start to run when you first see the water.

However, say you had surgery and a sponge or surgical gauze was left inside you. There could be severe complications from this, such as infection, obstruction, or death. That said, you could suffer some unexplained but not too uncommon or distressing symptoms like fever, a physical mass, or pain for years before a CT scan detects that the cause of your symptoms is related to your surgery (in this example, a sponge or surgical gauze left inside your body). Your two-year limitation period would likely start to run the day you were informed that the sponge was still inside you. This concept is known as discoverability: your two-year limitation period starts to run the day that the claim was discoverable.

Note, however, that it is not always easy to be sure at what date a court might consider a claim to have been discoverable. Therefore, if you think you would like to commence a lawsuit, it is best to do so as soon as possible to avoid any risk that your claim might be statute barred.

Even where the start of a limitation period is delayed by discoverability, the time to bring a lawsuit is not indefinite. The Limitations Act also sets out an ultimate deadline of 10 years from when the claim arose. This means that, no matter what, a plaintiff only has a maximum of 10 years to sue, even if their claim was not discoverable until after that time. For example, if you are the victim of faulty construction work, and the issue was discovered eleven years after the construction took place, you would be outside the ultimate ten-year limitation period and therefore unable to sue.

Exceptions to the Limitation Period Rules

There are a few exceptions to the two-year limitation period that apply in special cases:

• People under 18 years of age (minors) are not subject to the same limitation period as adults. If a minor is injured in an accident, the Limitations Act delays the start of the limitation period clock until the minor turns 18 years old. Once they are 18, their two-year limitation period starts to run. Additional information on limitation periods and injured children can be found in our post: What happens when a child is injured while a passenger in a vehicle driven by a family member?
• Similarly, people considered under a disability (lacking mental capacity, including due to an injury) may be given an extension on the limitation period for the duration they are disabled.
• There is no limitation period for a claim based on sexual assault or battery.
• If a defendant has acted in a way that fraudulently conceals the fact that an injury has occurred, the limitation period is suspended for the period of the concealment.

Other Circumstances that Affect Limitation Periods

You should also be aware that other much shorter limitation periods may apply if you have been injured on municipal property. These periods may come into play if you have been injured in a slip and fall, for example. To learn more about municipal liability for these types of injuries, review our information on Slip and Falls.

Similarly, if you are claiming that a car accident that caused you injury was due to municipal negligence regarding road maintenance, you may be required to provide written notice to the municipality within 30 days of the accident. The best way to do this is in writing in some way that you can prove you gave the notice, such as by email.

Upcoming Legislative Changes (No-Fault Auto Insurance)

You should also be aware of upcoming legislative changes that may affect your ability to start a lawsuit. The Alberta government has instituted legislation that will move the province to a “no-fault” automobile insurance system, effective January 1, 2027. This legislation will change the way insurance claims and lawsuits related to motor vehicle accidents work in Alberta.

No-fault auto insurance means that if you are injured in a motor vehicle accident, you will not be able to sue the at-fault driver: in order to get compensation for your damages, you must instead rely on your own insurance company. To learn more about the new no-fault system and its potential impact, read our post, “No-Fault Automobile Insurance: What This Means for You.

The no-fault system may affect your limitation period in bringing your lawsuit. Until the new system comes into force on January 1, 2027, your current ability to start a lawsuit is intact: you have two years from the date of your accident to start an action. Current lawsuits and any new actions that arise between now and the date the no-fault system comes into effect will not be impacted by this change. However, all motor vehicle claims arising after the date the no-fault system begins will go through the new system of insurance and potentially limit your claim.

Experienced Injury Lawyers

The no-fault insurance system will also upend the way Albertans can recover damages from motor vehicle accidents. Even though your limitation period gives you two years to start a lawsuit, it is important that you don’t delay starting your claim. If you have been injured in an accident, CONTACT the experienced lawyers at CAM LLP for a free legal consultation to ensure you have the best possible chance to get fair compensation.

The post Alberta Personal Injury Limitation Period: How Long Do You Have to Sue? appeared first on CAM LLP.

CAM LLP is honoured to be recognized in the Best Law Firms – Canada (2026 Edition), ranked by Best Lawyers®. We received a Tier 1 ranking in Edmonton for our Personal Injury Litigation work. This distinction signifies our firm’s leadership and reputation in our primary practice area.

Only the top 3% of firms receive regional honours. We are proud to be counted among the top-tier legal talent in personal injury law, and we remain steadfast in our commitment to our clients’ well-being.

The post Our team is ranked Tier 1 – Edmonton in the Best Law Firms™ – Canada (2026 Edition) appeared first on CAM LLP.

During his career, he has represented both plaintiffs and defendants in personal injury claims. He is now focused on advising and representing individuals who have been injured. Among other things, he has acted as insurance defence counsel for school boards and condominium corporations. As such, he has insight into how insurers think in different circumstances.

A skilled negotiator and capable litigator, Jarod is adept at developing appropriate strategies to resolve disputes. He has represented clients at all levels of court in Alberta, and is thoroughly familiar with all aspects of the litigation process.

Jarod appreciates that litigation is stressful for most people, and he looks for the least stressful path to resolve conflicts. Sometimes, that is a negotiated solution; sometimes getting a fair result means going to court. In either case, Jarod excels at helping clients navigate the justice system to achieve their objectives. Calm and empathetic, his thorough approach ensures that his clients feel supported and informed, including what they can expect at each stage of the process.

In addition to his personal injury practice, Jarod has experience advising and representing clients on various legal matters, including general litigation (e.g., employment law), condominium law, estate planning, administration, and litigation, as well as adult guardianship and trustee matters.

Jarod’s strong commitment to client well-being and talent as an advocate in settlement negotiations and the courtroom makes him a valuable addition to our team, which will benefit our clients.

Welcome, Jarod!

To learn more about Jarod’s practice, visit his bio page here: Jarod M. Cedor.

The post Jarod Cedor joins CAM LLP appeared first on CAM LLP.

Congratulations to Christine Felix, K.C., Jean Oliver, Justine T. Lee, Ron Jewitt, and Warren Stengel.

This distinction reflects their commitment to clients and their role in setting the standard for personal injury law in Alberta.

At CAM LLP, we remain focused on helping injured Albertans. Our team is there every step of the process and that’s what sets us apart. We ensure our clients have access to the resources and support they need during recovery. Each case is assessed with care, options are clearly explained, and we work tirelessly to secure fair compensation.

To see our profile, please visit: Cummings Andrews Mackay LLP.

The post CAM LLP Lawyers Recognized in The Best Lawyers in Canada™ 2026 appeared first on CAM LLP.

Civil versus Criminal Lawsuits

In general, lawsuits involving personal injuries that are based on someone else’s negligence are called torts. A tort is a civil wrong; that is, it is a wrong committed by a person or corporation against another person or corporation.

Tort actions are different from criminal actions in that they involve private parties and are aimed at providing an injured person with monetary compensation. By contrast, criminal actions are prosecuted by the Crown and are aimed at imposing punishment for breaking the law. However, in some cases, the same event can result in a tort claim as well as criminal charges – for example, if an accident has been caused by a drunk driver, the driver may be charged with drinking and driving under the Criminal Code and may at the same time face a tort claim filed by people who were injured in the accident and are looking for financial compensation.

Since criminal cases may result in imprisonment, the standard of proof to find someone guilty is high – “beyond a reasonable doubt.” In tort cases, however, where only money is at stake, the standard of proof is less demanding. The judge or jury only needs to be convinced that the defendant is responsible on a balance of probabilities, which means that there is a better than 50-50 chance that the defendant is responsible.

Elements of a Negligence Claim

There are four basic elements a plaintiff must be able to establish to succeed in a negligence action:

1. A duty of care owed by the defendant to the plaintiff;
2. The standard of care against which the defendant’s conduct will be measured.
3. Causation for the plaintiff’s injuries;
4. The nature and extent of damages suffered.

The first element – duty of care – is based on something called the “neighbour principle.” A “neighbour” is someone with a close enough relationship to the defendant that the defendant should have had him/her in mind at the time of the events giving rise to the accident. For example, for someone driving a car, “neighbours” are typically anyone who might be impacted by the manner of driving (e.g., other drivers, vehicle passengers, pedestrians, etc.) If the plaintiff was someone that the defendant should have had in mind, then a duty of care is owed.

Once a duty of care is established, the next step is to identify the standard of conduct that was required of the defendant in the circumstances. This is called the standard of care, and is assessed using the “reasonable person” test: did the defendant behave the way a reasonable person would behave in the same circumstances? If the court concludes that the defendant acted reasonably, then they have not breached the standard of care and are not considered negligent. The standard of what is “reasonable” varies with the activity and there will often be case law helping to establish what courts have considered to be “reasonable” conduct. In cases involving allegations of professional negligence (for example, medical malpractice), expert evidence may also be used to establish what a competent professional would have done in the same circumstances.

If a defendant has breached the applicable standard of care, that breach must then be shown to have caused the plaintiff’s injuries. Causation is examined using the “but for” test: but for the defendant’s conduct, would the plaintiff have suffered injury? Even if the defendant owed a duty of care and breached the standard of care, they will not be liable if their conduct was not the actual cause of the plaintiff’s injuries. It is also possible that there may be more than one party whose conduct contributed to the accident. For example, a motor vehicle accident may result from a drunk driver, a failure by the municipality to properly maintain the roads, and negligent driving by the plaintiff him/herself. A court will consider all those factors to determine whether a defendant’s conduct was a “but for” cause of the injuries that occurred.

In addition, there may be issues proving causation if you suffered from a pre-existing medical condition at the time the accident occurred. You can find more information on that topic in our post: Can I still receive a damage settlement if I had pre-existing medical issues?

The last step in the negligence analysis is to identify the plaintiff’s damages and assign a dollar value to them. Damages include thinks like compensation for physical or psychological injuries, lost wages, costs of treatment and equipment necessary for the plaintiff’s recovery. Assessment of injuries and the losses flowing from them usually requires evidence from medical and actuarial experts.

Impact of Contributory Negligence

If a plaintiff successfully establishes that a defendant owed him/her a duty of care, breached the standard of care, and that breach was the cause of the plaintiff’s injuries and losses, then the defendant will be found liable.

However, as mentioned above, it is possible for a court to find that an accident resulted from more than one cause, and this may include negligent conduct by the plaintiff him/herself. The fact that a plaintiff may have done something, or failed to do something, that contributed to their injuries does not absolve the defendant of liability; however, the amount of compensation he/she owe may be reduced to the extent that the plaintiff is found to be contributorily negligent. For example, if the plaintiff and defendant are equally responsible for the accident that occurred, the defendant will be required to pay for half of the plaintiff’s losses. However, if the defendant is primarily responsible for the accident and the plaintiff’s actions played only a minor role, the defendant may be required to bear a higher proportion of the liability (e.g., 75%) and will owe compensation to the plaintiff for that percentage of their injuries.

There are numerous ways that a plaintiff can be found contributorily negligent. For example, in the context of a motor vehicle accident, these include speeding or other unsafe driving, not wearing a seatbelt, not having their lights on, or using a cell phone while driving. It is important to remember, however, that even if the plaintiff has been negligent in some way, they are still entitled to claim damages; they just may find their damage award reduced to account for the role they played in their own accident.

For more information on other factors that may limit damages awards you may find it helpful to review our post: Considerations that may limit your personal injury damage award.

If you have been injured in an accident and are wondering about the steps you need to take to recover damages, CONTACT the lawyers at CAM LLP for a free legal consultation.

Wondering what you can expect from us when you get in touch? Read: What to expect from CAM LLP Injury Lawyers.

The post How Do I Prove Negligence in My Personal Injury Claim? appeared first on CAM LLP.

But what about the reduction in your income going forward after the trial? What happens if you are no longer able to return to your old job because of your injuries, can no longer pursue a career that you have been working toward, or miss out on an economic opportunity? CAM LLP has already touched on some of these issues in our blog posts How is Loss of Income Calculated After an Accident? and What is my Claim Worth? Non-pecuniary Damages and Loss of Opportunity. In this post, we’ll provide more insight into what factors a court may look at to assess a plaintiff’s loss of future earning capacity.

Goals of Compensation

The main goal of the courts in awarding damages is to provide fair and just compensation: the aim is to put the injured plaintiff back in the position that they would have been in if the accident had never happened. A plaintiff isn’t supposed to be financially better off or receive a windfall; the idea is that they will simply be restored to where they would have been if they hadn’t been injured.

This can be tricky to do in practice because it necessarily involves attempting to predict likely future outcomes. Of course, there is no sure way to tell what would have happened to a plaintiff in the future or what their life might have looked like if the accident had not occurred. However, the court must make exactly that assessment to determine what the plaintiff has lost. To do so, the court will rely on oral evidence of the parties, documents such as tax returns and employment files, and opinions of expert witnesses.

Methods for Assessing Future Employment Loss

When a plaintiff is injured and their injuries affect their future work and earnings, there are two options available to the court to compensate them. The first is the more traditional approach, where the court will attempt to calculate the plaintiff’s loss of future income based on evidence about their pre-accident salary, their employment history and training, and actuarial calculations that take account of contingencies like unemployment or illness. This exercise attempts to extrapolate from known factors to arrive at a reasonable estimate of the income the plaintiff would have earned but for the accident, and a reasonable estimate of the income the plaintiff will now earn.

The second method for assessing the plaintiff’s compensation is the loss of future earning capacity approach. Loss of earning capacity is treated by the courts as loss of a capital asset, rather than an attempt to calculate actual lost earnings. This method is typically used in circumstances where the plaintiff’s pre-accident employment situation involved factors that make it difficult or impossible to calculate future income loss. For example, the plaintiff may have still been in school, or starting a new business, or pursuing a career path with many uncertainties.

An example is the recent Alberta case of Samra v. Houle. The plaintiff was a university student when he was injured in an unprovoked assault. He suffered numerous injuries, including an ankle fracture that required multiple surgeries, facial fractures, anxiety, and depression. He had been enrolled in a Bachelor of Commerce program but had to take a reduced course load after the incident, which delayed his graduation date. The plaintiff then went to law school in the UK, but he did not graduate because, according to him, he could not focus due to his injuries. The plaintiff argued that if not for the assault, he would have been a working lawyer. Instead, he was unemployed and considering alternative careers, including working in his family’s automotive shop.

The court stated that the legal test for assessing loss of earning capacity is whether there is a real and substantial possibility that the plaintiff:

• has been rendered less capable of earning an income from many sources of employment;
• is less marketable to potential employers; or
• is less able to take advantage of opportunities that might become available.

There is no formula for how these damages are to be assessed; it is a case-by-case, plaintiff-specific analysis.

In the Samra case, the judge concluded that there were factors other than the injuries from the assault that prevented the plaintiff from finishing law school. He was in a foreign country, lonely, and had suffered the loss of four family members in a 12-month time frame. The judge noted that the plaintiff had managed to complete his Bachelor’s degree after the assault (albeit later than planned), and was not satisfied that the plaintiff’s injuries impacted the overall probability of him working as a lawyer. However, there was a real and substantial possibility that he suffered a loss of earning capacity due to his injuries. His ankle injury left him unable to perform the physical aspects of automotive repair in his parents’ shop. He was less marketable to potential employers and was less able to take advantage of some of the opportunities that may have been available to him. The court awarded the plaintiff $150,000 for his loss of earning capacity claim.

By contrast, in the BC case of Cheema v Pandha, the plaintiff’s injuries were found to have significantly diminished her future earning capacity, justifying an award of $2,200,000. At the time of the accident, the plaintiff was 25 years old and had just finished a Bachelor of Business and Accounting. She had no health problems, a track record of being energetic and high-achieving, worked full-time, and had also launched a business providing makeup and eyelash services. After the accident, the plaintiff abandoned the makeup and eyelash business and suffered pain, difficulty focusing, depression and other psychological symptoms that prevented her from doing more than part-time work. The court found that the accident had a devastating effect likely to affect the plaintiff’s earning capacity over the remainder of her working life.

Loss of Earning Capacity for a Minor

The loss of earning capacity approach is also used when the injured party is a minor who does not have an established earnings pattern. If the minor is a young child, the assessment can seem somewhat arbitrary. Nonetheless, the court must try to assess the type of employment and opportunities that the plaintiff had a reasonable probability of attaining, and may look to factors such as any aptitudes or interests the child may have shown and their academic performance to date. The court may also consider the income and educational levels achieved by the child’s parents or siblings.

For example, in AT-B v Mah, where the plaintiff was a child who had been catastrophically injured at birth, the court calculated loss of earning capacity based on general assumptions that the child, whose parents were both psychologists, would likely have completed a bachelor’s degree, would have entered the work force at 23 years of age, and would have retired at age 59.

If you have been injured in an accident and have questions about how you can recover damages for future loss of earning capacity, CONTACT the lawyers at CAM LLP for a free legal consultation. Our experienced lawyers can help you get the compensation you deserve.

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