Injured in a car accident? Not sure what to do next? Our experienced personal injury lawyers are here to help.
These claims will help you get compensation for your injuries and losses. Here’s everything you need to know about making your Alberta car accident injury claim successful.
What to Do at the Scene of the Accident
If at all possible, it’s best to gather evidence at the scene of the accident. Once you and the other driver have gotten to safety, call the police and an ambulance if anyone needs medical attention. Exchange insurance information with the other driver. We recommend taking a photograph of the policy so you don’t accidentally transpose the policy numbers.
We also recommend getting the names and numbers of any witnesses and taking as many as possible. Take more than you think you’re going to need! Take pictures of both cars, inside and out. Take pictures of your injuries. Take photos of the scene of the accident. All these pictures will serve as vital evidence in your case.
Finally, get medical attention. Never refuse medical attention, and never say you’re “fine.” Some injuries take a little longer to manifest than others, and you don’t want to devalue your case by giving the insurance company evidence to use against you later. They will always try to make it seem like your injuries are less serious than they really are so they can pay them less. Don’t help them do this!
Once you are safe and medically capable of doing so, consider hiring a lawyer right away. If you have injuries this will help you strengthen your case.
How to Make a Claim for Car Accident Injuries in Alberta
It starts with a thorough accounting of your injuries and an insurance claim, along with a demand letter that outlines your damages and what you believe you should be paid. Timing is important, what you say is important, and how you say it is important.
The most successful car accident claims come through your lawyer. We can deal both with your insurance company and the other driver’s insurance company.
What is the average settlement for a car accident injury claim?
Settlement amounts can vary wildly based on how injured you are and how badly those injuries impact your life in the future. Average numbers in Alberta hover around $120,000, but it’s usually more useful to ask what the average for cases like your own is like.
We can answer that question during your initial consultation with us. We’ll go over your injuries and the ways it’s likely to impact your life and will discuss what a realistic settlement might look like once you have reached maximum medical improvement.
What will my car accident claim be worth?
The settlement will be the sum total of your actual costs plus your pain and suffering amounts.
Thus, it will account for:
- Any medical bills that Medicaid doesn’t cover.
- Any costs for long-term care that your doctors project you might need.
- Lost wages.
- Compensation for loss of earning capacity.
- Compensation for necessary equipment or services.
These are objective, calculable numbers.
It also includes your pain and suffering amount, which is subjective and negotiable. This amount depends on the extent of your injuries and the extent they will impact your life in the future. Scarring, disfigurement, a loss of ability to engage in certain activities, psychological pain: all of these issues are taken into consideration as your lawyer attempts to negotiate your settlement.
In Alberta, this award is capped at $379,050.28 for major issues or at $5,365 for soft tissue injuries. A savvy negotiator will help you get as close to that amount as possible.
How long does it take to file a car accident injury claim?
You have to file an initial claim within thirty days of the accident. To file a lawsuit you have to file within two years of your accident.
Once you’ve filed your claim you can expect it to take at least 18 months to get your settlement. You’ll have to reach maximum medical improvement (MMI) before it will be possible to calculate the full extent of your expenses.
You and your lawyers will then enter into a settlement conference with the defendant’s lawyers. Often we’ll be able to reach a settlement with no further intervention. At times, we may need to go into alternative dispute resolution with a mediator or a judge.
Going to trial is rare, and is not always good news. A trial can stretch your case out to 24 months, and you could lose no matter how good your lawyer is. When you are still in the settlement phase you have more control. Rest assured that both sides know roughly what your case is worth and it’s usually possible to settle that case within a certain range of that figure.
How do personal injury lawyers get paid?
We get paid on contingency. That means we don’t get paid unless your case settles or a jury awards you compensation.
You’ll know exactly what our lawyer’s fees are before we start working with you, and we’ll go over any additional legal costs you are likely to accrue.
Note that most people walk away with far more money with a lawyer’s help than they would on their own, even after we account for lawyer’s fees and legal costs. Sometimes three to five times as much. You’re also 71% more likely to get paid at all, so there is really nothing to lose by reaching out to one of our personal injury lawyers.
Get Help Today
Our personal injury lawyers have settled cases for over a million dollars in the past. We’ve helped Albertans with all sorts of car accidents. Most of our lawyers have over two decades of personal injury experience.
We’re known for being some of Canada’s toughest litigators and negotiators. We’re empathetic and responsive, and here to help.
Contact us to schedule your initial consultation today.
Call (403) 237-9777 to get started.
Frequently Asked Question: Alberta car accident injury claims
Read on the below most asked questions to get precise knowledge about the car accident injury claims in Alberta:
What is the average settlement for a car accident with an injury?
Usually, the average settlement for a car accident with an injury can cost you around $19,000. However, it may vary from case to case, based on the accident’s severity.
What is a fair settlement for pain and suffering?
Pain and suffering is unmeasurable thing that cannot be precisely measured. However, to give a fair settlement for the pain and suffering, a plaintiff can claim legal compensation based on his/her loss.
For instance, the medical expense of an applicant is $4000 approximately, but s/he can multiply it by 3. And thus conclude that s/he deserves a fair compensation of $12,000 for all the pain and sufferings s/he incurred due to the accident.
How much can someone sue for a car accident in Alberta?
The financial restrictions of the MVAC Program are $200,000 (inclusive of the legal prices) for all compensation of any one incident. But, if the injuries are extremely deadly, then these limits can be exceeded based on the accident’s severity.
How long should a personal injury claim take?
In general, a personal injury claim can take about 6 to 12 months, roughly in case all the liabilities are accepted properly by the care provider. However, if there is any kind of ignorance or disruptions, it can take 12-18 months or more, based on the complexities of the case.
Do insurance companies automatically pay for pain and suffering?
Of course, the insurance companies automatically estimate and pay for the pain and suffering if a person gets severely injured to another person’s faults. In fact, it falls under their standard protocols that they must adhere to strictly.