If you’ve been injured in a car accident, you’re likely to have injury law questions. It’s a process that is unfamiliar to most, and something that people don’t often talk about. At James H. Brown and Associates, when your life has been turned upside down, we’re there to assist you every step of the way. No question is too big or too small, we want you to understand the process and support you on your road to recovery. We have compiled some of our most common injury law questions below to help you understand Alberta injury law.
What Is A Car Accident Injury Claim?
In the province of Alberta, when you are injured in a car accident you are entitled to claim monetary compensation for the injuries you sustain in the accident by bringing a lawsuit. This process is called an injury claim. To understand this process further, please see our blog on the steps of an injury claim.
Who Do I Sue In My Car Accident Injury Claim?
While you technically sue the driver who is at fault for the accident, you will ultimately be recovering from their insurance company in almost all cases. Depending on the fact scenario you may also end up suing other involved parties. For instance, perhaps multiple drivers are involved, or a government body has played a role in the accident occurring.
What Can Be Recovered In A Car Accident Injury Claim?
There are various heads of damage that can be claimed when you are injured in an accident, these include:
- General damages – this is a figure calculated based on the facts of the case and comparison to similar previous cases. This sets out to compensate you for the inconvenience of being injured as well as the impacts that your injuries have on your life.
- Past Loss of Income – a figure that aims to compensate you for income that you lost out on as a result of your injuries. For example, if you had to miss time from work as a result of an accident on doctors’ orders.
- Future Loss of Earning Capacity – this head of damage tries to compensate the injured party for the future effect of the injuries on the ability to generate income. For example, perhaps your injuries make your job unsustainable in the long term. This would be an amount that is set to provide you with some measure of relief for that future loss.
- Past and Future Loss of Housekeeping – This amount is used to compensate you for the effect of your injuries on your ability to complete household tasks. If your doctor has previously recommended you refrain from household chores and you had to hire a housekeeper or have family step up to assist you may be able to recover a monetary amount for these. Likewise if you are predicted to require housekeeping assistance in the future due to your injuries, damages may likewise be recovered on that front.
- Future Cost of Care – this is an amount awarded to provide you with monetary resources to pay for treatments that will be medically necessary for the future. For example, if future physiotherapy sessions are recommended by your doctor.
- Special damages – this amount sets out to compensate you for out-of-pocket expenses. Things such as gas mileage to get to appointments can be recovered here as well as medically necessary treatments that were paid for by yourself.
What Is Required of Me In My Car Accident Injury Claim?
The most important thing that you can do when you retain a lawyer to assist you with your claim is to keep attending appointments with your doctor and other relevant health professionals and focus on your recovery. Your doctor and other medical professionals will document your symptoms and progress which may contribute to your injury claim. You should further continue to attend any treatments that your doctor recommends. Failure to adhere to recommended courses of treatment can damage your claim.
Eventually, your lawyer may request your attendance for a process called questioning wherein the insurance lawyer will ask you a series of questions about the accident and your injuries. Your lawyer may request you attend mediation or Judicial Dispute Resolution or JDR (a formalized negotiation process facilitated by third parties). Additionally, you may need to attend with a specialist to have a report commissioned for use as evidence in your case.
Can I Talk To Anyone About My Car Accident Injury Claim?
Generally talking about your accident with anyone besides your lawyer and medical providers is a bad idea. You should further refrain from discussing the details of your case with anyone but your lawyer. In particular, if a bodily injury adjuster from the other party’s insurer or the defendant themself contacts you, you should avoid speaking to them and let your lawyer know.
Is It Worth It For Me To Get A Personal Injury Lawyer?
Generally, if you are not at fault for the accident you will be able to recover something the only question will be how much. This will correlate to the extent of your injuries, any effect on employment, future costs of care, and any out-of-pocket expenses. Even if there is a dispute as to who is at fault for the accident you may still be able to receive a settlement from your accident. Thus, it is still a good idea to consult an Alberta injury lawyer and figure out if your case is one that should be pursued.
How Does The Payment Structure Work For Legal Services?
Our firm works on a contingency fee basis, meaning you do not pay us until your case concludes. We also maintain a guarantee that if we do not recover a settlement for you, then you owe us nothing!
How Do I Start?
If you have been injured in a motor vehicle accident and are seeking to pursue the compensation you are entitled to call James H. Brown & Associates today! We do free consultations and can assist you in evaluating your legal options. We are Alberta’s precedent-setting law firm and are eager to fight for you.
Do You Have Other Injury Law Questions?
These are the most common injury law questions we receive. However, there are many more injury law questions than this. If you have an injury law question that isn’t listed here, it may be answered on our blog. Additionally, you can contact us via the chat window below and we’re happy to assist you. You can also call us anytime toll free at 1-855-428-0088.