Ride share accidents differ from typical motor vehicle accidents due to complex, multi-tiered insurance coverage and time-sensitive digital evidence. Overlapping personal and commercial insurance policies make pursuing compensation for injuries uniquely complex.

Working with an experienced personal injury lawyer after a ride share accident can help you identify the applicable insurance coverage, navigate the claims process, and successfully pursue the full compensation you may be entitled to.

Key Takeaways

• Insurance Depends on App Status: Coverage varies depending on whether the driver is waiting for a request, en route, or transporting a passenger.
• No-Fault Benefits Apply: Alberta’s Section B benefits cover medical treatment and lost wages for injured passengers, regardless of who caused the crash.
• Digital Evidence Expires: App activity logs, GPS data, and trip status are essential to prove liability and must be preserved quickly.
• Limitation Period: Injured parties generally have two years from the date of the accident to file a personal injury claim in Alberta.

How Does Ride Share (e.g.,Uber & Lyft) Insurance Work in Alberta?

Alberta requires commercial insurance coverage for ride share vehicles.

Ride share drivers must have insurance coverage beyond a standard personal car insurance policy while providing ride share services. In Alberta, Uber and Lyft provide this commercial insurance to their drivers. The level of coverage provided by the policy depends on the driver’s ride status within the app at the time of the accident.

Note: Uber Black and Uber SUV drivers must maintain their own independent commercial insurance policies.

Frequently Asked Questions (FAQ)

What should I do immediately after a ride share accident in Alberta?

It is important to take the proper steps after a ride share accident to protect your health and preserve your ability to pursue compensation for any injuries.

1. Seek Immediate Medical Attention: Get evaluated for all potential injuries (including concussions or soft tissue damage) to establish crucial medical records.
2. Report to Police: Ensure an official police accident report is filed.
3. Collect Scene Evidence: Take photos of damages, VIN# and license plates of all vehicles involved, road conditions, and driver licenses/insurance cards/vehicle registrations, and gather witness contact details.
4. Report the Trip: File an accident report directly within the Uber or Lyft app.
5. Notify Your Insurer: Report the incident to your personal auto insurer.
6. Consult a Personal Injury Lawyer: Speak with a legal professional before discussing fault with insurance adjusters.

What insurance covers me if an uninsured driver hits my Uber?

If a third-party driver causes the crash and is uninsured, underinsured, or flees the scene (hit-and-run), Uber and Lyft’s commercial policies provide uninsured/underinsured motorist coverage for passenger injuries.

If the driver’s personal policy applies, there is uninsured/under insured motorist coverage.

There may also be a claim with the Government of Alberta’s Motor Vehicle Accident Claims Program.

Why is digital evidence critical in a ride share injury claim?

Trip logs, app connection data, and GPS metrics confirm the exact “Period” of the ride. Because rideshare platforms do not retain this data indefinitely, early legal intervention is required to issue spoliation letters and secure digital records before they are overwritten.

Why Getting Legal Help Early After an Alberta Ride share Accident Matters

Evidence gathering and preservation

As noted, the digital evidence needed to determine a ride share driver’s ride status at the time of an accident may not be preserved indefinitely. Contacting a personal injury lawyer as soon as possible after a ride share accident allows them to take the necessary steps to preserve this crucial evidence before it may be lost.

Determining which insurance policy is liable for compensation

As multiple insurance policies may be engaged in a ride share accident, determining which policy may be liable for compensation can be complex. An experienced personal injury lawyer can help to identify applicable insurance coverage and to navigate these complexities.

Limitation periods

In Alberta, personal injury claims are generally subject to a two-year limitation period. This means that a Statement of Claim or Civil Claim must generally be filed with the courts within 2 years of the date of an accident, otherwise the claim will be barred.

Contacting an experienced personal injury lawyer as soon as possible after an accident can help ensure that any claim is brought within the applicable time period so you don’t lose your right to sue an at fault driver. Given that Alberta will transition to no-fault insurance in January 2027 it is critical that you preserve your rights under our current tort system. For more information about the impact of no-fault insurance on Albertans injured in road accidents see our post: No-Fault Automobile Insurance: What this means for you.

The personal injury legal team at CAM LLP helps victims preserve critical evidence and file claims within Alberta’s strict two-year limitation period. Contact CAM LLP today for a free consultation.

The post Uber & Lyft Accident Insurance in Alberta: Legal Guide to Ride Share Compensation appeared first on CAM LLP.

CAM LLP is proud to announce that all four of our senior lawyers—Christine Felix, K.C., Jean Oliver, Justine T. Lee, and Warren Stengel—have been selected for inclusion in the 2027 edition of The Best Lawyers in Canada for Personal Injury Litigation.

Because Best Lawyers selection is based entirely on peer evaluation, this recognition reflects the deep respect our team has earned from legal colleagues and opposing counsel across Alberta.

Dedicated Representation

At CAM LLP, personal injury law is about more than navigating legal procedures—it is about helping people rebuild their lives after life changing accidents. Each of our recognized lawyers brings decades of strategic, trial, and negotiation experience to our firm:

Christine Felix, K.C.: Drawing on over 30 years of legal practice, Christine brings extensive experience to negotiating and litigating complex injury claims.
Jean Oliver: Backed by three decades of legal experience—including work with Alberta Justice—Jean focuses her practice on representing individuals facing life-altering injuries.
Justine T. Lee: Leveraging her background as a former insurance defence lawyer, Justine uses her knowledge of insurer goals and strategies to build compelling cases for plaintiffs.
Warren Stengel: With over 30 years of litigation experience, Warren has successfully guided countless clients through complex personal injury matters.

A Tradition of Setting Alberta’s Precedents

Our firm has advocated for injured Albertans since 1962. Over the decades, CAM LLP lawyers have served as lead counsel on landmark cases—including precedent-setting decisions before the Supreme Court of Canada that helped shape personal injury law nationwide.

While peer recognitions like Best Lawyers are an honour, our true focus remains unchanged: delivering compassionate, individualized care to every client, securing the resources they need to recover, and fighting for full and fair compensation.

Learn more on our Cummings Andrews Mackay LLP Best Lawyers Profile.

The post Standard-Setting Care: CAM LLP Recognized in The Best Lawyers in Canada™ 2027 appeared first on CAM LLP.

Although rail transport is heavily regulated and the subject of extensive programs and policies to ensure safe operation, accidents do occur. The Transportation Safety Board reports that across the country, there were 167 railway crossing accidents in 2024, resulting in 12 fatalities and 24 serious injuries. Of these collisions, 35 occurred in Alberta, with 2 fatalities and 8 serious injuries.

Railway crossing accidents in Canada are also reported to be trending upward. Since the start of 2026, there have been at least two reported collisions between vehicles and cargo trains in Alberta, including one in which a woman was transported to the hospital with serious injuries. Media reports also attest to several collisions in recent years with Edmonton LRT trains (see here and here) and with Calgary CTrains.

The injuries sustained from vehicle-train collisions can be severe and may include spinal cord injuries, amputations, traumatic brain injuries and organ damage. Less severe, but still impactful injuries can include broken bones, whiplash, concussions, burns and lasting emotional distress.

Common Causes of Train-Vehicle Accidents

Train-vehicle collisions can be caused by multiple factors, including:

Driver-Related Factors

Distracted driving, disobeying crossing signals and speeding are common causes of train-vehicle collisions. Reports of recent collisions with LRT trains indicate the incidents likely resulted from vehicle drivers failing to follow traffic indicators. Both fatalities from vehicle and cargo train collisions in Alberta in 2023 were linked to a failure to obey crossing signals.

Distracted driving in general is a particular concern in the province, as Alberta leads the country in fatalities from distracted driving and the province saw 10,000 distracted driving convictions in the province in 2025.

Train Conductor-Related Factors

Excessive speed can increase how long it takes a train to come to a stop and avoid a collision. Train conductors who fail to keep a proper lookout or do not decrease speed in response to signs of the potential for a collision may be at least partially liable for injuries caused to victims of a resulting accident. In addition, the drivers’ employer may be held vicariously liable for the actions of their employee.

For example, in O’Connor v. Mahabir, 2002 ABCA 13, the CTrain operator and the City of Calgary were found 25% liable for injuries suffered by a plaintiff who stepped in front of a CTrain. Although the plaintiff, who was inebriated at the time, was found to be largely the author of his own misfortune, the Court found that the CTrain driver “should have averted to the risk of passengers crossing the track without regard to their own risk” since he knew that there were pedestrians on the side of the track, and he acknowledged that “99 percent of the people do not obey the traffic signals and the gates”.

Environmental Factors

Poor visibility and dangerous road conditions due to weather such as snow and ice can make it difficult for drivers to see crossing signs or to adequately slow or stop when approaching a crossing, contributing to collisions.

Railway and Infrastructure Issues

Malfunctioning crossing signals, inadequate warning systems or poor maintenance of crossings. Obstruction of crossing signals, for example by trees or shrubs can also contribute to collisions.

Vehicle Malfunction

Any mechanical failure in the train carries the risk of serious accidents. For this reason, rail operators have a duty to conduct regular inspections and take other precautions in order to identify hazards before they lead to serious injuries or loss of life.

Mechanical issues in vehicles crossing the path of the train can also be a factor. For example, a driver may experience brake failure, or may stall or get stuck on the tracks.

In many cases, train-vehicle collisions result from a combination of these factors. For example, in a tragic 2013 collision between a bus and a VIA Rail train in Ottawa, which resulted in six fatalities and multiple severe injuries, there were several contributing factors. The investigation by the Transportation Safety Board of Canada identified distracted driving, speed of the train and visibility issues caused by trees and shrubs near the crossing as the likely causes of the accident.

Who May be Liable in a Vehicle-Train Accident?

Because these collisions often involve multiple contributing factors, liability may be shared among multiple parties.

The vehicle driver could be negligent in multiple ways, including:

• Speeding;
• Distracted driving, for example, texting and driving;
• Not obeying crossing signals; or
• Driving under the influence of drugs or alcohol.

Similarly, the train conductor and their employer could be liable for:

• Excessive speed;
• Failing to keep a lookout;
• Other forms of negligence in operation of the train.

A rail operator or railway company may be negligent in their duties to:

• Install and maintain automatic warning systems and railway crossing signs at crossings;
• Ensure there is no obstruction of these systems or signs, for example by trees or shrubs (this can also be the responsibility of municipal and provincial governments).

A government body could be negligent in their duties to:

• Properly maintain roads near crossings;
• Perform inspections and enforce safety standards.

Vehicle Accident Insurance in Alberta

If you have been involved in a train-vehicle collision it is important to understand your insurance and compensation options. In Alberta, vehicle insurance is privatized, however, insurers are required to provide a minimum level of coverage which is set out in a standardized policy known as the Standard Owner’s Automobile Policy, Form (SPF No.1). Additional coverage can be purchased on top of this minimum protection.

The standard policy includes “no fault” accident benefits under Section B. This means that you receive coverage regardless of who was at fault in an accident. Section B benefits include coverage for reasonable medical expenses up to $50,000 per person (subject to limits), wage loss replacement for certain injuries, and death, grief counselling and funeral benefits, among others.

Please see our article “What to know about Section B-Accident Benefits (No-fault Benefits)” for full details on Section B benefits.

In addition to these no-fault benefits, further compensation can be pursued through legal action against negligent parties who may have caused or contributed to the accident. This could help you recover further compensatory damages including:

• General damages: can include damages for physical, emotional and psychological injuries;
• Loss of earnings and future potential earnings: which were as a result of the accident;
• Property damage: costs associated with vehicle repairs or replacement;
• Out of pocket expenses: can include costs for medication, transportation to medical appointments and home modifications, for example.

It is important to note that both avenues of compensation can be pursued at the same time.

You can also see our previous articles on how a personal injury claim works and how to file a personal injury claim for further information on pursuing personal injury claims.

A Note About Passengers of Vehicle-Train Accidents

As a passenger of a vehicle involved in a vehicle-train accident, you are still able to recover compensation through the Section B benefits of the driver of the vehicle. You may also have a claim against the driver of the vehicle or other responsible parties, depending on the facts of the collision. Consultation with a personal injury lawyer can help you better understand who may bear liability for your injuries.

As a general rule, public carriers owe a heightened duty of care to their passengers. In the context of bus accidents, courts have indicated that the usual burden of proof is reversed, such that instead of the plaintiff having the onus to prove negligence, a defendant who is a public carrier will bear the burden of proving that the carrier was being operated in a skillful and prudent manner.

For more information about claims advanced by passengers and who may be liable, see our previous blogs addressing Injuries to Bus Passengers – Know Your Rights and Injuries to School Bus Riders – What You Need to Know.

What to Do if You’ve been Involved in a Vehicle-Train accident

• Do not leave the scene of the accident;
• If you’re able, get yourself and your passengers out of your vehicle and to a position of safety;
• Call for any medical assistance necessary
• Record the contact information of all potential witnesses to the accident and, if safe to do so, take photos of the scene;
• Reach out to an experienced personal injury lawyer as soon as possible, so that steps may be taken to protect your rights.

Do not give statements to anyone, including your own insurance company, until you have consulted a personal injury lawyer.

If you or someone you know has been involved in a vehicle-train accident, the experienced lawyers at CAM LLP can help. We are always happy to talk to injured people about their claims whether they end up needing us or not. We believe in giving people all the information they need to make informed decisions about their options. Contact us for a free consultation.

The post Vehicle Accidents with Trains: What it Means for Drivers and Passengers appeared first on CAM LLP.

Why Your Presence Matters

Event Highlights

• Keynote Speaker: Hear from Janelle Breese Biagioni, one of Canada’s leading brain injury advocates, on the power of resilience.
• Real Stories: Experience firsthand accounts from former and current clients whose lives have been transformed by the Brain Care Centre.
• Community Impact: Learn how the Brain Care Centre has been helping those with acquired brain injuries rebuild and thrive since 2011.
• Raffle Draw and other fundraising activities.

Event Details

• Date: Tuesday, June 2nd, 2026, doors open 7 AM
• Location: Chateau Lacombe Hotel
• Perks: Complimentary breakfast and free parking generously provided by the hotel.

The post Help Support a Future Where No one Faces Brain Injury Alone appeared first on CAM LLP.

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.

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