FAQ

FAQ 2019-04-12T18:53:14+00:00

If you have suffered an injury – whether physical, mental, emotional, or financial – as a result of the wrongful act or negligence of another. You have the right to initiate a legal claim to recover damages for your personal injuries. One of the experienced accident injury lawyers at James H. Brown & Associates will be happy to discuss your case and advise you on how best to proceed.

The amount of your claim depends on a number of factors including the nature of your injuries and whether any resulting impairment affects your ability to earn an income. Your claim will include amounts for pain and suffering, past wage loss, future loss of earning ability, future cost of care, loss of housekeeping ability and any out-of-pocket expenses including cost of travel to and from medical caregivers. We retain appropriate experts such as occupational therapists, vocational experts, cost of care experts and economists to assess the value of your claim. Our goal is to ensure that our clients receive every dollar they are entitled to.

James Brown’s sports career ended when he suffered a broken neck in a head-on collision with an uninsured motorist. He knows what it is like to suffer a life-changing injury in a serious car accident. Mr. Brown has never forgotten this experience and is committed to seeing that injured persons receive proper compensation for their injuries. In addition to Alberta’s leading spinal cord and brain injury settlements, our legal team has established precedents in cases involving brain injury, whiplash, chronic pain, TMJ injury, and fibromyalgia. We invite you to compare our experience and results with those of any other law firm. When it comes to representing seriously injured persons, the James H. Brown legal team is second to none. We act only for seriously injured people – never for insurance companies.

The length of time primarily depends on the nature of your injuries. We strongly advise all of our clients not to settle their claim until such time as they know the final outcome of their injuries, and how these injuries may affect the rest of their lives. Often, we are able to achieve a settlement within a relatively short period of time after receiving a medical report indicating our client is fully recovered. However, if an insurance company is being unreasonable, it is sometimes necessary to proceed to the courthouse steps, or even to trial, in order to achieve a fair settlement for our client. The experienced accident injury lawyers at James H. Brown & Associates will be able to provide you with a more accurate estimate of how long your case will take, upon being provided with the specific details of your case. Initial consultation is free of charge.

The amount of your claim depends on a number of factors including the nature of your injuries and whether any resulting impairment affects your ability to earn an income. Your claim will include amounts for pain and suffering, past wage loss, future loss of earning ability, future cost of care, loss of housekeeping ability, and any out-of-pocket expenses, including cost of travel to and from medical caregivers. We retain appropriate experts such as occupational therapists, vocational experts, cost of care experts and economists to assess the value of your claim. Our goal is to ensure that our clients receive every dollar to which they are entitled to.

Most cases are eventually resolved without court action. However, if an insurance company is being unreasonable, it is sometimes necessary to proceed to the courthouse steps, or even to trial, to achieve a fair settlement. The final decision as to whether to proceed to trial always remains with the client (you). We provide you with expert legal advice but you always retain the final decision as to whether to go to court.

We take care of all legal matters. Your job is to work with your medical caregivers to recover from your personal injuries as quickly as possible. You have a duty to mitigate your losses. This means doing the best you can to recover as quickly as possible. You must follow your doctor’s directions and take whatever therapy your doctor recommends, or the insurance company may claim you have failed to mitigate your losses. If you are contacted by a representative of an insurance company, do not answer any questions; just refer them to our office.

If you are the driver or passenger in a motor vehicle that is involved in an accident, you are entitled to Section B no-fault benefits from the insurance company that insures the car you were in. If you are struck by a vehicle as a pedestrian or cyclist, you are entitled to Section B no-fault benefits from the insurance company of the vehicle that hit you. “No fault” means you are entitled to these benefits regardless of who is responsible for the accident.

Section B benefits include up to a maximum of $400 per week for lost income for a period of up to two years, providing you are totally disabled and were either employed at the time of the accident, or had worked 6 out of the 12 months prior to the accident. Section B benefits will also pay up to a maximum of $50,000 for anything medically necessary within two years from the date of the accident, provided these costs are not covered by Alberta Health Care or any other plan of insurance.

In October 2004, the Alberta Government passed the Minor Injury Regulations and the Diagnostic and Treatment Protocols. These laws collectively attempt to cap or limit damages for pain and suffering to a current maximum of $5,020 (plus yearly inflation) for Grade I and II strains, sprains and whiplash (WAD) injuries suffered as a result of a motor vehicle accident. Grade I and II strains, sprains, and whiplash (WAD) involve the muscles and ligaments. Other injuries including nerve and tendon injuries and temporalmandibular joint dysfunction (TMJ) are not expressly capped. Injuries from non motor vehicle accidents are not capped.

The state of the law in this area has become highly complex. Do not rely on what you are told by an insurance adjuster without first obtaining proper legal advice.Even if it initially looks like your claim will fall under the Cap, your injuries may be such that your claim will eventually fall outside the Cap. If you or a family member suffer a soft tissue injury in a motor vehicle accident, your best course of action is to consult with one of our experienced accident injury lawyers who will advise you on how best to proceed.

If the accident occurred outside of Alberta you should immediately consult one of our experienced accident injury lawyers. Jurisdictions outside of Alberta have different accident reporting and claim filing dates which could result in you losing the right to make a claim if certain timelines are missed. We act for clients throughout Alberta, British Columbia, Yukon, and the Northwest Territories.

We strongly advise you not to accept any offer of settlement without first consulting with an experienced personal accident injury lawyer at James H. Brown & Associates. The interests of the insurance company are directly opposite to your interests. They want to settle your claim for as little as possible, while you want to make sure you get a fair settlement. One of our experienced accident injury lawyers can advise you with respect to whether the offer of settlement is fair.

If the accident occurred in Alberta, you may be able to recover damages for your injuries from the Alberta Motor Vehicle Accident Claims Fund (MVACF). The MVACF does not cover damages to your vehicle. If you are involved in an accident involving an uninsured driver, or hit and run driver, you must give the MVACF notice of the accident within 90 days of the date of the accident. Recovery from the MVACF is limited to a maximum of $200,000.00. Every year we handle many claims involving the MVACF. Call James H. Brown & Associates for a free consultation.

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