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The limits on settlement amounts for damages suffered as a result of motor vehicle accidents are also known as caps. This topic has been the subject of careful judicial examination across Canada for a number of years. Specifically, the narrow cap scheme has been in place in Alberta since 2004. Courts in Alberta have upheld the constitutionality of regulations for minor injuries, and this is unlikely to change in the foreseeable future. With that being said, disputes over whether or not an injury should in fact be considered minor are going to be commonplace in the coming years. Crucially, in [...]

In a poll conducted for FAIR AB by Nanos Research to gather opinions of Albertans on changing the auto insurance regulations the response has been resounding. Albertans spoke out loud and clear that they prefer the present fault-based system that provides accountability for bad drivers and allows injury victims access to the courts in pursuit of fair damages for their injuries. “No-Fault insurance is bad for Albertans and poll results show Albertans know a bad deal when they see one,” says Trent Brown, managing partner of James H. Brown & Associates.  “Albertans know that under the proposed no-fault system insurance [...]

The Government of Alberta is reviewing Alberta’s auto insurance system. The government’s insurance reform panel is considering making Alberta’s insurance system a WCB-style, no-fault system. This system won’t save consumers money. It just means increased profits for corporations and fewer protections for Albertans. A no-fault system means fewer protections for consumers and injured Albertans With a no-fault insurance system, injured Albertans will not be able to count on compensation that will protect them and provide for their families as they recover. Instead, we will be waiting for the insurance company’s medical staff to tell us what our pain is worth [...]

Results, Results, Results When buying a house realtors advise that we think location, location, location.  A nice house on a quiet street in a good neighbourhood is always a better value than a house on a busy street adjacent to train tracks.  When it comes to choosing an injury lawyer think results, results, results.  You are hiring a lawyer for only one purpose – to recover money damages for the injuries you have suffered.  At the end of the day the only thing that really matters is the money damages you receive for your pain and suffering, your past and [...]

If you perform a simple Google search for personal injury lawyers in Alberta, you’ll find over 20 pages of results! There are several qualified, honest injury lawyers in our area, but others are deliberately misleading and have questionable legal skills, at best. It can be hard to tell who is trustworthy and who is not based on a website alone, though, especially when there are hundreds of them. It’s overwhelming, irritating, and frustrating at a time when all you want is straightforward answers and some honest help. So, when you’ve been injured, and your family just needs to know where [...]

Injury law firm goes the extra mile for clients This article appeared in the October 15, 2019 StarMetro Edmonton Newspaper Clients praise James H. Brown for commitment to seeing injured persons get the compensation they deserve. James H. Brown and Associates Alberta Injury Lawyers go above and beyond to give their clients a stress-free experience while working to get them the compensation they deserve. Their clients agree, which is why the personal injury law firm was voted Best Legal Services in this year's StarMetro Edmonton's Community Choice Awards. "It is an honour to win this award, and we thank StarMetro [...]

Make Safety the Priority this Spring As spring arrives, all motorists need to take extra precaution as motorcyclists and cyclists return to the road. Motorcycle accidents can be life-threatening and can require expensive medical treatment and care. Early investigation of the accident is critical. At James H. Brown and Associates, our motorcycle accident lawyers utilize Accident Reconstruction Engineers to ensure evidence is preserved to properly investigate your case. Motorcyclists have the same rights as drivers of other types of motor vehicles and must follow the same rules of the road. Motorcycles may appear to be travelling faster than they are [...]

Insurance companies use various strategies in an effort to get unrepresented claimants to settle their claims prematurely, often for far less than fair value. In Alberta an injury claimant must file a claim with the court before the “limitation period” expires. If a claimant fails to file a proper claim prior to the limitation deadline the claimant loses the right to make a claim. Insurance companies use various strategies in an effort to get unrepresented claimants to settle their claims prematurely, often for far less than fair value. In Alberta an injury claimant must file a claim with the court [...]

As an injured victim you want to be fairly compensated for your pain and suffering as well as all financial losses suffered as a result of your injuries. Insurance companies, on the other hand, have no interest in seeing that you are fairly compensated. They are in business to make a profit and the less they pay out to claimants like you the more money they will make. This is known as an adversarial relationship – your interests are directly opposite to the interests of the insurance company. As an injured victim you want to be fairly compensated for your [...]