Some believe keeping an injury diary is a good way to keep track of the increasing severity of their injury overtime. This may sound like a good idea at the outset, but it turns out to work against the injured. Here’s why.

Quite simply, human behaviour is built in such a way that creating new habits is exceptionally hard. Sometimes it takes upwards of two years to actually make something a habit (like brushing your teeth).

If you have an injury diary you may enter diligently for a couple of months, but after a year or two you’ll notice a trend–you don’t enter as often or as detailed as you used to.

In litigation that will work to your disadvantage because through the diary it look as if you’re getting better, but in reality you may be getting worse but you just didn’t record the injury properly.

The best way to keep track of your progress (or regress) is to be completely clear and concise disclosing everything to your doctor and therapist when visiting.

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In a major reform, Alberta is replacing the traditional tort-based auto‑insurance system with a Care‑First no-fault model, slated to take effect on January 1, 2027. (Alberta.ca )

The change is purported to deliver faster compensation and more comprehensive medical care, yet comes at the cost of significantly limiting Albertans’ rights to sue at-fault parties for injuries.

Expanded Benefits Without Lawsuits

Under the Care‑First model, all individuals injured in a collision—drivers, passengers, cyclists, pedestrians—can access medical and rehabilitation benefits without needing to demonstrate fault or go to court. The current system, where medically necessary care is capped at $50,000 over two years, the new model offers unlimited lifetime coverage for treatment that provides a measurable benefit.

Income replacement under the Care‑First model also improves, offering up to 90% of net income (capped at about $120,000 gross) until age 65—far exceeding the current maximum of approximately $600 per week for just two years.

The centerpiece of the new compensation structure is a lump-sum permanent impairment benefit. Amounts vary depending on injury severity: for serious injuries, benefits range between roughly $1,000–$187,000, while for catastrophic injuries, payouts may reach $295,000 (or up to $298,520 in some designations). (https://www.insuranceinstitute.ca/fr/Insights-And-Publications/CanadianUnderwriterArticles/items/2025/08/07/What-we-know-about-court-access-dispute-resolution-in-Albertas-Care-First-insurance-system/)

Additionally, claimants with catastrophic injuries may receive monthly personal care assistance of up to $6,781, and up to $5,671 for severe but non-catastrophic injuries. The trade off that significantly benefits insurance companies (who lobbied for the change) is the drastic limitation on Albertans’ ability to sue at-fault drivers. The right to court action is preserved only if the at-fault party is convicted of serious Criminal Code or Traffic Safety Act offenses (e.g., impaired or dangerous driving). In most other situations, litigation is barred—even in cases of serious or catastrophic injury.

To replace the tort-based legal process, Alberta’s new system will include an independent tribunal—the Alberta Automobile Care‑First Tribunal—through which injured individuals can appeal insurers’ decisions about care or benefits. This mechanism functions as administrative oversight rather than judicial recourse.

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It can amount to a lot of cash tomorrow, but generally this is the only way one can afford representation.

Although remember, you do’nt pay a premium to have an attorney work on contingent basis, there’s no penalty for not paying as expenses come up. In the end, you’d probably end up getting more money having adequate representation than trying to go about receiving compensation on your own.

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To complicate matters there are a variety of forms of insurance one can purchase to protect the same thing. Life insurance has ‘term insurance’ or the much maligned ‘universal life‘, but there thousands of iterations.

But what happens if you need to make a claim?

Face, insurance companies make money off your premiums. If you have to pay out a claim then your premiums skyrocket. It always happens. But why’s that? Don’t the insurance companies work for you? Turns out they don’t. Although your insurance company will work in your interest vs. another insurance company (usually), at the end of the day clients are merely numbers.

Numbers that equate to profit.

Insurance companies do’nt want to pay claims a penny more than they have to, that means not looking out for your best interests (say in the event of a car accident and you’re injured). Sometimes getting legal counsel immediately is the only way to ensure you get what your entitled to. Having someone in your court means hiring an attorney.

remember that, they are ‘your’ insurance company but the only person who is really responsible for YOU is the attorney you hire.

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The fee is payable only if there is a favourable result. It is generally defined as a fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court…. contingent fees are usually calculated as a percentage of the client’s monetary settlement/award.

How does it work?

The usual form of this agreement is that the lawyer will take the case on the understanding that if lost, no payment is made to the lawyer (except for expenses). If the case is won, the successful lawyer then earns a percentage of the damages awarded in favor of his client.

This makes it easier for people to pursue their civil rights since otherwise, to sue someone for a ‘tort’, one must first be wealthy enough to pursue such litigation in the first place. However, because of the high risk, few lawyers will take cases on a contingency basis unless they feel the case has good merit. Contingency fees also provide a powerful motivation to the lawyer to work diligently on the client’s case

Typically, your lawyer will also pay for the costs and expenses of running the litigation. These costs/expenses are often called ‘disbursements’. Typical disbursements are things like medical charts and medical reports. Often the lawyer will be able to recover disbursements during the course of the file from the other sides’ insurance company. Whatever disbursements are not recovered during the course of the claim will be recovered as part of any settlement or judgment.

Like any other contractual arrangement, try to get a sense of whether the person you are entering into a contract with is someone that you trust.

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Paying close attention to your injury, and giving yourself ample time to heal, are critical components before proceeding with any legal action in a vehicle collision.

The disorder often occurs as the result of an car accident and may include injury to intervertebral joints, discs, and ligaments, cervical muscles, and nerve roots. Symptoms such as neck pain may be present directly after the injury or may be delayed for several days. In addition to neck pain, other symptoms may include neck stiffness from injuries to the muscles and ligaments (also known as myofascial injuries).

For a more comprehensive list of the different types of WAD injuries visit Conway Injury Law Calgary and their post on WAD 1, 2, 3.

The post What is a ‘whiplash’ injury? appeared first on Anonymous Law Student.

an insured person who is 18 years of age or over and who is not engaged in an occupation or employment for wages or profit and is completely incapacitated and unable to perform any of his or her household duties shall, while so incapacitated, receive $135 per week for not more than 26 weeks

In order to claim these benefits, make sure that you obtain a note from your family doctor advising that you refrain from household duties that might impair your recovery.

Post courtesy of Calgary injury lawyer Brian Conway.

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Help yourself build a case by ensuring your ‘evidence’ is substantial.

You don’t need to stop there either. If you’ve suffered injuries then take pictures of those too. By the time you reach settlement or court chances are many of your injuries, at least the superficial ones, will heal. In order to understand the severity of the incident it really helps your case to provide as much ‘at the moment’ information as you can.

The post Pictures of Your Slip & Fall appeared first on Anonymous Law Student.

You may slowly find yourself doing less and less around the house because your injuries are getting worse and worse. To those around you it may seem as if you’re physically fine on the outside and are just getting lazy! Remember, just because it can’ tbe seen doesn’t mean you aren’t hurt!

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Causes and symptoms
If you are involved in a road traffic collision, or experience another sudden jolt, you could be at risk of whiplash. It doesn’t matter how fast you were going at the time, as whiplash can occur even at slow speeds. In addition, you may not realise you have suffered whiplash straightaway, as it can sometimes take weeks before the symptoms begin.

The most common symptoms of whiplash include neck pain, stiffness, tenderness, and reduction in movement. Some people also suffer from numbness or pins and needles in the arms and hands, headaches, muscle spasms, dizziness, vision problems and vertigo. Furthermore, whiplash can also induce insomnia and even cause depression and irritability due to the pain.

Treatment
Most cases of whiplash are diagnosed by physical examination, but you may need to undergo a scan. Treatment will vary depending on the severity of whiplash. While painful, in most cases, whiplash should clear up on its own, requiring limited intervention. You may have to undergo physical therapy if the whiplash is severe, and you may be administered painkillers. In chronic cases of whiplash, the neck may suffer serious damage so you could require medical interventions such as surgery. It may also require long-term administration of strong painkillers such as codeine.

Recourse
Because of the severity of whiplash pain, getting redress is important, not only to compensate you for this suffering, but also because in some cases the condition could leave you unable to work, making you financially worse off. If you suffer whiplash after an accident that wasn’t your fault you can make a claim for personal injury. Normally, whiplash claims are dealt with quickly, many ending in out-of-court settlements. If the accident occurred on the road, claims are made against the insurance company of the other driver.

The best way to make a claim for your neck injury is to consult a personal injury solicitor who will guide you through the process. Because the symptoms of whiplash may take a while to become obvious, it is important to always get a person’s insurance details if you have been involved in an accident, even if it is only minor, as you never know if you will develop this debilitating condition.

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