In 2018, as an apparent result of lobbying by the IBC, the Minor Injuries Regulation in Alberta was changed to deem temporomandibular joint injuries as minor injuries, and as such subject to the cap.  

With a new government in Alberta, this is a prime time for IBC to continue to lobby for their best interests.  Generally, they argue that they are losing money and so benefits to injured people need to be curtailed and capped. That, or they threaten to raise insurance premiums to punishing levels.

Albertans purchase insurance to protect themselves and their families.  Hopefully our new government will stand strong against those who want make us give up benefits to protect insurance company profits.

​And, just how much money do Property and Casualty insurers make in Alberta?

​2018 Net Income: $1,291,385,000.00

Source:  Office of the Superintendent of Financial Institutions
​ http://www.osfi-bsif.gc.ca/Eng/wt-ow/Pages/FINDAT-pc.aspx

There are no guarantees, but here are a few Rules for improving your odds.

1. Gather evidence. If you were injured, you must first establish that it was because of someone else’s negligence. If you get rear ended, collect the other driver’s information, and take pictures. If you trip on something dangerous left in an aisle, take pictures and get the contact information from witnesses. If you have been injured, visit a Medical Doctor (not just a Doctor of chiropractic) and explain how your injuries are affecting you. A proactive and thorough medical doctor should be recording your complaints in your chart. Keep receipts, keep record of lost wages, file your taxes. At the end of the day, your word is not enough. You must have evidence produced by disinterested third parties.
2. Mitigate your losses. That means you must do everything you can to reduce your damages. Do your best to avoid getting injured in the first place, but if you have been injured, you have to try to get better. If your family doctor recommends a course of treatment, get it. If your physiotherapist tells you to do at home exercises, do them (and, also, see Rule 1 – how can you prove you are doing exercises at home?) DON’T go to a sketchy masseuse who gives you a relaxation massage. DO go to a reputable massage therapist who gives you a massage that provides effective, and even painful, therapy. DON’T rely solely on chiropractors. DO visit your family doctor and then seek whatever treatment is recommended, including chiropractors. Be proactive in your healthcare. If you don’t feel your doctor is assertive enough with your treatment, get a second opinion.
3. Be prepared to work the system. (Or, go straight to Rule 5 and get help working the system.) You should know what’s coming. If you are going to be self-represented, you are going to have to do your homework. You will need to know what a questioning is, and what questions you need the answers to. You need to know what questions you must answer, and which you should object to. You need to know what to include in an Affidavit of Records, and you need to know what your rights are if you are sent to a Defence Medical Examination, and you need to know if you need to go to a Certified Medical Examination or not. You should think strategically about using Formal Offers to Settle, and you need to be prepared to make applications to the Court for orders when it is necessary. The process will cost money, so you will need to ensure you have enough money to pay disbursements and court fees (or, hire a lawyer who may be prepared to pay your disbursements for you and won’t need to be paid back until the end.) Know the Rules of Court.
4. Don’t leave it till the last minute. For example, you have two years after an accident to commence legal action, but be prepared to file it well in advance. I am often referred clients who have waited and are now struggling to find a lawyer who can get a claim filed fast enough. (You can’t just file a claim; you have to make sure you have named the right parties, ordered the required pre-court searches, and plead the appropriate legislation.)
5. Hire a lawyer. Personal injury lawyers usually work on a contingency, so you don’t have to pay their fee until the end. Unlike many lawyers who get paid by the hour and may not be personally invested in whether or not you win your case, a lawyer working on a contingency is aligned in interest with you. Hiring a lawyer will not only improve your chances of getting what you are entitled to, it will also reduce your stress so you can focus on getting better or adjusting to your new reality.

Personal injury lawyers have a bit of a bad reputation.  With some of the ads you see, especially on American television, you can see how they earned it.

I often meet people who seem ashamed that they have come to see me. These are people who have never been seriously injured before and who were active, capable, and worked hard to be successful. They used to believe that old saying that what doesn't kill us makes us stronger. They don't want to be injured, they feel defeated, and they don't want to rely on anyone else.  

I get it.

The insurance companies get it too.  They know that if they put up a few roadblocks, they can get a lot of people to drop or lose their claims. You're hurt, frustrated, or maybe you've lost a loved one. They might deny your claim, become difficult to contact, not fully explain the benefits that are available to you, or quietly let a limitation period run out so you are barred from getting a recovery.  If they send you to get treatment, you might be led to believe that you only get 21 treatments, or that you haven't been "approved" for other coverage.  They might lead you to believe that they have your best interests in mind when they send you to a particular doctor or physiotherapist. They're smart. They've done the math. They know they will save even more money by doing this than they spend on their lawyers when they're sued for bad faith.

People with resolve and determination will use a lawyer to help them.  They'll do some research, talk to some lawyers, find one they respect.

Being strong after you've been injured doesn't just mean pressing on through the pain in silence and learning to make do with what you have.  It also means ensuring no one takes advantage of you.

The law isn’t always compassionate, and it isn’t always virtuous.

For example, if you witness an accident, or see someone who needs help, the law says you don’t have to do anything to help.  But you should. 

Another example is if a loved one is killed in an accident.  At common law, “the death of a human being could not be complained of as an injury.”  This goes back at least as far as Baker v Bolton, when a man’s wife was killed in a stagecoach accident south of London.  The courts were so harsh that, in 1846, the Parliament of the United Kingdom passed the Fatal Accidents Act which required some compensation to be given to husbands, parents, or children of those who had been killed through some wrongful act.

Alberta has followed suit and has its own Fatal Accidents Act.  Under the Act, the spouse, adult interdependent partner, parent, child, brother or sister of the deceased are entitled to compensation for the pain and suffering the death has caused them.  It’s non-negotiable, and pays out as follows:

1. $82,000.00 to the spouse or adult interdependent partner of the deceased;
2. $82,000.00 to the parent or parents of the deceased person divided equally if the action is brought to benefit both parents; and
3. $49,000.00 to each child of the deceased person.

​There are expenses that can be claimed as well.  Reasonable claims can be made for:

1. expenses incurred for the care and well‑being of the deceased person between time of injury and death;
2. travel and accommodation expenses incurred in visiting the deceased between time of the injury and death;
3. expenses of the funeral and the disposal of the body of the deceased, including all things supplied and services rendered in connection with the funeral and disposal;
4. fees paid for grief counselling that was provided for the benefit of the spouse, adult interdependent partner, parent, child, brother or sister of the person deceased.

The compensation under the Act certainly isn’t enough to compensate for the wrongful loss of a loved one, but at least it is better than what the common law provides.

In some circumstances, additional amounts can be claimed, including under the Survival of Actions Act.  For example, if the person that died was the sole bread-winner for dependant children, then those children could be entitled to additional compensation for loss of financial support.  Likewise, if the person that died was a full-time homemaker for dependent children, then those children would be entitled to loss of housekeeping and loss of child care compensation.

So if one of your loved ones has been killed, how do you get this compensation?  Unfortunately, it isn’t very straightforward.  You'll need to commence a legal action.  Your best bet is to retain a lawyer,