COMMON INQUIRIES ADDRESSED
As someone affected by an injury to yourself or a loved one, it’s natural to have numerous questions. This page provides answers to the most frequently asked questions by our clients.
Please feel free to contact us at any time. Our team is available to meet with you at your convenience, and your initial consultation is entirely free of charge and without obligation.
Is my claim subject to a “cap”?
Under Alberta’s Minor Injury Regulation, compensation for pain and suffering related to sprains, strains, and whiplash associated disorders is subject to a cap. We strongly believe that accident victims should consult with legal counsel before settling their claims, as chronic pain and other conditions, even if they arise from a sprain, strain, or whiplash associated disorder, may not be subject to the cap.
Car Accident Lawyer Calgary has written and lectured on the topic of “capped claims,” and their innovative approach to the Minor Injury Regulation has been accepted in Alberta, establishing that chronic pain is not “capped.”
All members of our legal team have experience successfully litigating claims that were initially alleged to be “minor injuries” by the insurance industry.
What can I claim as compensation?
Subject to “the Cap” (see above), as a victim of someone else’s negligence, you are entitled to claim compensation for all of your provable losses. These losses typically include:
- Pain and Suffering
- Out-of-Pocket Expenses
- Loss of Income or Profits
- Loss of Income Earning Capacity
- Loss of Housekeeping Capacity
- Cost of Care and Other Anticipated Expenses
Depending on the specific circumstances of your case, you may be entitled to claim additional losses and damages not listed above.
If you were injured in a motor vehicle collision, you are also entitled to claim Section B Benefits, usually from your own insurer. There are strict limits on the type and amount of benefits you can claim and the duration for which such benefits are payable. Section B Benefits are payable regardless of fault for the accident and are designed to be paid quickly after the incident. These benefits include:
- Funeral Expenses
- Death Benefits
- Total Disability Benefits
- Dental Treatment Expenses
- Chiropractic Treatment Expenses
- Medical Treatment Expenses
- Personal Care Expenses
- Housekeeping Expenses
- Massage Therapy and Other Necessary Treatment Expenses Prescribed by Your Doctor
How are your fees structured?
We charge our fees on a contingency basis, meaning we receive a percentage of the recovery. If we are unable to recover any compensation on your behalf, we do not charge a fee for our services. You are not required to provide us with a retainer for fees, as we collect our fees when your claim settles and the funds are received.
We also cover litigation expenses while the claim is ongoing. These expenses will be recovered at the time of settlement.
How soon after my injury should I contact or retain your services?
To protect your interests, it is crucial to obtain legal advice as early as possible. This allows us to initiate our investigations at an early stage, which is beneficial to your claim. Most importantly, seeking legal advice promptly ensures that all legal time limitations are met.
In Alberta, the time limit for filing a legal claim is 2 years from the date of injury. However, there may be earlier limitations that apply to the specific circumstances of your claim.
What can I do to contribute to the successful resolution of my claim?
Adhere to the treatment plan prescribed by your doctor
You have a legal obligation to “mitigate your loss.” This means that you must take reasonable steps, wherever possible, to minimize the amount of loss and damage that you experience as a result of your injury.
Consequently, you have a responsibility to obtain reasonable treatment for your injuries to facilitate the recovery process. If you fail to obtain such treatment, the damages you are entitled to recover may be reduced to the extent that any such treatment would have aided in your recovery.
By following your doctor’s advice concerning treatment, you will also ensure that a proper health record is maintained. This health record will enable your doctor to provide us with authoritative reports detailing the nature and extent of your injuries, your progress toward recovery, and your prognosis for the future. We rely on these reports to make a proper assessment of the value of your claim and to negotiate a fair settlement.
Keep us informed of significant developments
We will contact you at regular intervals to stay informed about your progress toward recovery and to discuss the status of your claim in general. However, it is important for you to advise us in a timely manner of any significant changes or developments related to your injuries and treatment, or how the accident is impacting your life.
Discuss any questions or concerns you may have with us
Should you have any questions or concerns about any aspect of your claim, or if a concern arises at any time, it is essential that you contact us to discuss it. We are here to help you in any way we can. The importance of good communication between lawyer and client cannot be overstated.