Category: Slip and Falls

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Mitigating Your Losses After an Accident

Duty to Mitigate Your Losses After an Accident

The concept of mitigation is closely related to managing risk and personal responsibility. It is frequently described by the phrases ‘mitigating your losses’ or someone having a ‘duty to mitigate.’ While mitigation is a legal concept, it is rooted in everyday personal responsibility for lessening your losses. Mitigating your losses simply refers to taking reasonable steps after suffering a loss to decrease the impact of that loss. This guards against it getting worse in the future. For example, if you got a cut, you would clean and bandage it instead of bleeding out.

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Alberta Health’s right to recover cost of care in certain situations

Personal Injury Law - Right to recover cost of care
Alberta Health can recover cost of care from the wrongdoer if they injury a person

What is the Crown’s Right of Recovery?

 It may come as a surprise to many, but in certain situations, the Alberta government can sue you for healthcare costs. An example of this would be when someone suffers injuries as a result of somebody else’s wrongdoing (e.g., slips and falls, social host liability, dog bites, assaults). In this case, the government may sue the at-fault party to recover the healthcare costs of treating the injured person. In Alberta, it is the Crown’s Right of Recovery Act that gives the government or “Crown,” the right to recover healthcare costs. Recoverable healthcare costs include, but not limited to:

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Will my personal injury settlement have any impact on my AISH benefits?

AISH Payments and Car Accidents

Navigating the recovery process after being injured in an accident can be daunting on its own, and you may have additional considerations if you are also receiving AISH benefits. It is important to know and consider how a personal injury pay out can affect your financial situation if you are receiving AISH.

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