Personal Injury
If you have been injured in a motor vehicle accident for which another person is primarily at fault, you should do the following as soon as possible:
- Contact the police and provide the necessary information to complete an accident report;
- Advise your insurance company of the accident;
- Seek medical help, immediately; and
- Seek legal advice to ensure that you minimize your losses and maximize your gains.
After the accident, you will likely receive a call from an insurance adjuster representing the other driver. Their job is to settle your claim as quickly and cheaply as possible. You have no obligation to provide them with any information, as it will likely be used against you.
If you settle your claim with the adjuster, it is likely final. This means you have no further recourse against the other driver, regardless of the medical problems that you suffer from at a later date.
Some neck and back injuries are not at their worst until weeks or even months after the accident. It is important that you do not settle in haste, or at least until your injuries have substantially resolved. Follow the advice of your medical and other health care practitioners.
Why Hire A Lawyer?
Retaining a lawyer early on will protect your rights and claim. We help ensure that you are not harassed by anyone. You are allowed to concentrate on your primary goal; recuperating from your injuries.
As you may know, Alberta's Insurance Act recently changed so as to reduce injury payouts, but those changes may not apply to you. You should consult a lawyer to determine if these changes affect you.
How Does The Legal Process Work?
Many claims can be resolved outside of court. If you have to sue, the first step is to issue a statement to claim against the responsible driver. In Alberta, you must file this document within 2 years of your accident to preserve your rights. Do not delay, as your lawyer requires time to collect proper evidence to represent your case and to meet legal deadlines.
If your claim cannot be resolved with an adjuster, a statement of defence, filed on behalf of the responsible driver, will ultimately answer it. Your ability to prove your injuries are caused by the accident will help determine the level of your settlement. You will need evidence from your medical caregivers, private investigators, and independent and expert witnesses.
Many personal injury cases can be settled with the insurance adjuster, but more serious claims require formal legal proceedings such as Questioning.
Questioning allows each lawyer to ask the opposite side questions which are relevant to the action. The questions and answers are under oath and recorded by a court reporter. After the Questioning, each side reassesses your claim and settlement discussion may proceed. Under the Rules of Court, litigation matters must proceed to some form of Alternative Dispute Resolution. As such, your claim might be subject to mediation or Judicial Dispute Resolution.
In the unlikely event that a settlement is not reached, your case would go to trial and be presented to a judge. He or she will hear the evidence and make a ruling as to who was responsible for the accident and the value of the damages you suffered.
The Value Of Your Claim
Throughout the course of the litigation, we will attempt to determine the fair value of your claim.
Remember that your claim is twofold: General Damages and Special Damages.
- General Damages compensate you for pain and suffering, loss of enjoyment of life, loss of housekeeping ability, and the loss of future income, and
- Special Damages compensate you for your actual economic loss, such as out-of-pocket expenses and loss of income to the date of settlement or trial.
How Can I Afford A Lawyer?
You may be wondering how you can afford a lawyer, especially if the accident has injured you so that you are unable to work and therefore have limited income. Most lawyers will take your case on a percentage of contingency fee basis. This means you do not have to pay for legal services until your claim is settled and funds are received from the other side. Fee agreements are usually based on results: your lawyer does not get paid unless your claim is successful.
Conclusion
At Vogel LLP, we are very experienced in the field of personal injury claims. This information, however, does not replace legal advice. Please call us for a free consultation, and we will be happy to answer your questions and help you with your claim.
