Relying solely on AI to answer questions about your personal injury claim or to seek legal advice can lead to incorrect or unreliable information that can hurt your claim. This article discusses the risks of AI, and the reasons why personalized support from an experienced personal injury lawyer is a better option to ensure your rights are properly protected.

What are the downsides of AI?

AI does not “think” or “analyze” information like a human does. Instead, it guesses what the correct answer to your question might be, based on patterns in information it takes from the internet. It does not truly understand your question and cannot critically analyze whether the answers it gives are accurate or logical. This is why AI is not a reliable source of legal information and cannot be trusted to accurately assess a legal claim.

The Alberta Courts have issued a Notice to the Public and Legal Profession cautioning litigants about the risks of using AI tools in preparing legal materials. The Notice, entitled Ensuring the Integrity of Court Submissions when Using Large Language Models, contains recommendations that apply to both lawyers and self-represented litigants.

The risks associated with AI-generated materials includes:

i.      Hallucinations

AI is known to “hallucinate” information. This is when it answers your questions by creating fake but convincing-sounding information, or by presenting true information in an inaccurate or misleading way.

AI tools are known to do this when asked legal questions. Two recent Alberta cases highlight this risk:

In DJ v SN, 2025 ABCA 383 a self-represented litigant submitted materials to the court referencing cases that did not exist. She admitted that the fake citations had been generated through her use of AI tools. In addition to dismissing her appeal, the court ordered her to pay an additional $500 in costs. The court advised that AI should not be trusted to perform legal research and warned that self-represented litigants presenting hallucinated case law to the courts “can expect more substantial penalties to be imposed in future cases”.

In a second case, HDO v MDF, 2026 ABCA 45, a self-represented litigant also submitted materials containing hallucinated  cases and irrelevant cases that did not stand for the propositions they were said to support. The Court again warned that “serious penalties can be imposed for misleading the court”.

ii.    The “Garbage In, Garbage Out” phenomenon

AI answers questions with information from the internet, which can be misleading, biased or simply wrong. This is known as the “Garbage in, Garbage out” phenomenon. Because AI does not actually understand the information it gives, it does not perform any analysis or verification of the accuracy of the content it reports back to you.

Similarly, you may not know the right questions to ask. That means you are potentially missing important information that you need to know. Large language models (LLMs) like ChatGPT etc react to prompts that you provide. Aside from accuracy of information, if you don’t know the right prompts to include that impact your claim you are not going to get full information.

iii.   Lack of transparency

There is little to no transparency in how AI reaches its conclusions or what information it uses to do so. This is known as the “Black Box” phenomenon. This means that you cannot verify any of its work to make sure that it is in fact sound and accurate. Sometimes, you will see source citations (e.g., AI overviews) but again, you need to check the reliability of the underlying source.

iv.   Lack of consistency

AI has also been shown to give inconsistent answers to questions. When asked the same question on different days or in different ways, it can give different responses, making it highly unreliable.

v.    Overly agreeable with users

Researchers at Stanford University have found that AI tools are more likely to be “overly agreeable” than a human being when users are discussing personal problems. The result is that “AI systems might tell you what you want to hear, but perhaps not what you need to hear”.

Legal claims are often complicated and pursuing them involves risk and uncertainty. Receiving overly optimistic advice, which ignores or downplays weaknesses and problems in your case, could lead to false expectations or harm your chances of success.

Risks of using AI for your personal injury claim

Personal injury law is complex and highly detail oriented. Each claim requires careful analysis of the facts, because no two claims are the same. Many of the analyses needed, such as assessing witness credibility or interpreting evidence, require critical thinking, sound judgment that comes with expertise, and an understanding of the surrounding context. This kind of careful, nuanced analysis and judgment cannot be achieved by AI.

In addition, personal injury law is a constantly evolving field and the rules that may apply are highly dependent on jurisdiction. Timelines for filing claims, insurance schemes and court procedures can vary between provinces and countries. AI may not take these considerations into account and may cite outdated information or rely on law and procedure from other jurisdictions that do not apply in Alberta

Personal injury claims also involve personal, sensitive details about your health, day to day life, and financial well-being. Understanding how an injury affects your life requires human empathy and understanding, which AI simply cannot provide.

Other practical risks to your case from AI use

i.      AI does not keep your information confidential

Your lawyer is legally required to keep your communications confidential. This protected relationship is important because it allows you to share all details about your case so your lawyer can provide accurate and effective advice. It also allows you to control who has access to private information about you.

If you input sensitive information about your case, such as medical or financial records, or details about communications with your lawyer into AI, you risk losing the privacy of your information. In addition, sharing the information outside of the lawyer-client relationship may mean it is no longer considered confidential. This could impact the protected relationship with your lawyer.

There have been serious concerns raised about the privacy of AI tools. In most cases, there is no requirement for these tools to keep your information confidential, and we do not know where the information is stored or how it could be further used. This makes inputting sensitive details about your case into AI even more risky.

While the full impact of AI in this context is not yet known in Canada, a recent case out of the New York federal court highlights the risk. In United States v. Heppner, the court ruled that written exchanges between a defendant and the LLM Claude were not protected by attorney-client privilege or the work product doctrine. This was, in part, because the legal concept of privilege depends on the confidential relationship between a client and a licensed lawyer. In this case, the “conversation” was between a defendant and an LLM. In addition, that conversation involved a third-party platform governed by a privacy policy that alerted users that data could be collected and disclosed.

Many people assume that their use of AI tools to organize information and prepare notes before talking to a lawyer takes place in private. This decision shows that is potentially risky. The Heppner case indicates that privilege depends on lawyer involvement and confidentiality at the time the material is created. Further, the case clearly states that showing the material to a lawyer later does not make it privileged. The full fallout from this case is not yet known but at a minimum it highlights the importance of being cautious in your use of AI tools in the context of legal matters.

ii.    For more information on this case read: AI Chats Lose Privilege Protection in US Court Ruling. No accountability for false information

Your lawyer has ethical and legal obligations to provide you with honest, candid, competent advice and services. They are also professionally regulated and insured. AI has none of these obligations.

If AI provides incorrect or incomplete information or advice, there could be damaging consequences to your case, with no way to hold anyone accountable.

iii.   Investigating AI-generated information or advice may lead to an increase in legal fees

Aside from the confidentiality/privilege risks noted above, bringing inaccurate or incomplete information generated by AI to your lawyer could increase the time they must spend on your case, in turn raising the overall cost of their services. If reliance on AI harms your case, your lawyer may also need to spend additional time working to try to mitigate any further negative impacts.

While AI can be a useful tool in certain contexts it is never a substitute for legal advice from an experienced professional. This is particularly relevant when it comes to personal injury matters, where claims are complex and fact specific.

When it comes to your health, your financial recovery, and your future, it is therefore important to seek personalized legal advice from an experienced personal injury lawyer. This will help to ensure that your rights are protected and will give you the best possible opportunity to achieve a fair and successful outcome for your claim.

Questions about an injury claim? We have answers. CONTACT the lawyers at CAM LLP for a free legal consultation.

The post Using AI to Gather Information About Your Personal Injury Claim: The Risks and What You Should Know appeared first on CAM LLP.

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.

We will miss his calm presence, mentorship, and steady wisdom, but we also understand that this moment marks an exciting and well-earned opportunity for him to enjoy other parts of his life. Ron’s commitment to his clients, his collegial spirit, and his thoughtful approach to the law have left a lasting impact on our team and our community.

Throughout his career, Ron built a reputation for respectful, effective advocacy, grounded in clear communication and genuine care for the people he served. His clients and colleagues alike have benefited from his integrity, experience, and unwavering commitment to excellence.

A believer in giving back to the community, Ron was a stalwart supporter of initiatives that benefited our clients and the Edmonton community engaging in fund raisers for organizations like the Glenrose Hospital Foundation, Spinal Cord Injury Alberta and the Brain Care Centre.

Beyond his professional achievements, Ron has enjoyed a rich and active life outside the office — sharing time with family, and celebrating his love of sports (hello Tennis Alberta) and the arts. We look forward to seeing him embrace even more of these passions in the years ahead.

Please join us in congratulating Ron on a remarkable career and in wishing him joy, good health, and fulfillment in this well-deserved next chapter.

The post Retirement Announcement — Celebrating Ron Jewitt 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.

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