FAQ About Car Accident Compensation

Have you or someone you love recently been involved in a car accident within Alberta? If you’re facing the road to recovery, James H. Brown and Associates is here to help. Our team of highly qualified injury lawyers knows that having the right assistance in the aftermath of an accident is vital to ensuring you get the right compensation and protection when it matters most. With over 250 years of combined experience, our team of lawyers are here to protect and guide you following a car accident and ensure you get the help, as well as the compensation you deserve.

If you’re considering pursuing legal compensation for injuries sustained in a car accident, below, we’ll cover some of the most frequently asked questions for injured individuals to consider. Read on to learn more!

How Are Car Accident Claims Settled?

Every personal injury lawsuit is as unique as the individuals involved, and during the course of your claim, there will be numerous factors that help to determine the terms of your overall settlement. In order to reach an agreement, all parties (the plaintiff, defendant, and the involved insurers) must eventually reach mutually accepted terms based on the objective details pertaining to the accident itself, who is at fault, and the existing medical, physical, and emotional damages presented by either side. Once both parties accept an offer, your legal counsel can help you move into a binding agreement and proceed onto the final aspects of receiving compensation.

It should be noted that personal injury cases can take as little as one to five years to reach a final settlement. At James H. Brown and Associates, we put your health and wellness at the forefront in the meantime, working on a contingency fee basis that allows you to pay only if you receive compensation. This allows you to be able to pay for expert legal advice, and get the help you need, without additional stress.

Can A Settlement Be Reached Without My Involvement?

In a word, no. Per Alberta regulations, legal counsel must have any car accident settlement offers reviewed by their client in order to receive permission to proceed. This means that you, and/or an individual with power of attorney over your estate will be involved in the decision-making process.

What Happens Once An Offer is Accepted?

As with most legal cases, once a verdict and an agreed upon settlement is reached, it will take some time for funds to reach victims. Your legal counsel will retain settlement benefits until a ‘release’ is signed for insurance purposes (essentially guaranteeing you can no longer sue the other party once you receive the funds both parties have agreed upon).

Once I Have Accepted My Offer What is Next?

When you have accepted your offer it will take funds to be issued from your insurance company to your injury lawyer. At the beginning of your lawsuit you will have signed something called an “Irrevocable Direction to Pay” what this does is authorize your lawyers to hold the settlement funds until you sign something called a “release” to the insurer. What the “release” does is effectively state that you can no longer sue the other driver in exchange for the settlement funds you receive. This means that it is vital that plaintiffs/accident victims work closely with their lawyers to establish a clear vision of what you need for adequate compensation, and that your case must cover every detail of your existing injury in great detail to make sure they are properly accounted for.

In essence, once you sign on the dotted line for an agreement, you lose your ability to fight for further compensation down the line, even if new issues should arise from the same accident. Do not settle for legal assistance that hesitates when it comes to getting everything you need to recover fully. At James H. Brown and Associates, we’ll proudly fight in your court to make sure you have everything you need to rebuild a happy, healthy, lifestyle after an accident.

Lawsuits on Behalf of Children

Injury law cases involving children can be particularly emotional and stressful for all parties involved, and require extra care. Settlement of claims by minors is governed by the Minors Property Act within the province of Alberta, meaning that all compensation must be approved by the court in order to be “closed”. Settlement ends are then obligated to be paid to a court appointed representative, or as directed by the court for amounts less than $25,000. Typically, the amounts will be paid to the office of the public trustee and invested for safekeeping until the minor reaches legal age.

What Do I Do If I’m In An Accident?

Vehicle collisions are one of the most prevalent, and most traumatic causes of personal injuries for Albertans. At James H. Brown and Associates, we believe in the power of informed legal advocacy and representation, and will always fight to ensure you get the compensation you deserve. We are eager to assist you and can answer any questions you may have in relation to Car Accident Settlement Payouts.

Call us today for your free, no obligation, consultation!

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