http://www.cuminggillespie.com

At McNally Cuming Raymaker we have always believed that accident victims
should receive compensation for their injuries without interference or
limits by the government. It is what we do and what we fight for.

Since October of 2004, too many Albertans are experiencing first hand
the problems associated with government caps on person injuries. In
October of 2004 the government put in place “caps” on personal injury
awards with a specific focus on neck and back injuries. Now, people who
have suffered personal injuries like sprains and strains are faced with
the reality of receiving, in some cases, only $4,000.00. Others, who
sustain fractures, even those that are minor, have no limit on their
damage claim. People who suffer personal injuries should receive fair
compensation without limit.

McNally Cuming Raymaker is part of the Alberta Civil Trial Lawyers and
has strongly supported the recent Charter Challenge to try and have the
cap struck down. We support the argument that people with neck and back
injuries should not be treated differently than other people who suffer
personal and serious injuries.

The trial to have the “cap” struck down wrapped up last month and we are
optimistic that the injured claimants will prevail. As a result, we are
advising all of our clients to abeyance their Calgary serious personal injury
claims until after a decision is rendered.

In other words, we are telling clients not to settle their personal
injury claims until after the judge rules on the challenge. While we are
not sure when a decision will be made, we will continue to keep our
personal injury clients in the know.

At McNally Cuming Raymaker we are serious about serious personal injury.
Call us if you have suffered a serious personal injury, our lawyers can help.

Our firm has been advised by the Administrator that the mailouts confirming the determination of claims will begin this week.

Pursuant to an Order of the Ontario Superior Court of Justice, the Administrator of the claim has determined eligibility for compensation, as well as compensation levels for each eligible claimant. All eligible and ineligible claimants who applied for benefits will be included in the mailout process.

If you did not apply for benefits, you will not be included in the process, and your time for applying has expired. Your claim for benefits will therefore not be processed.

If you receive a letter from the Administrator indicating that you are NOT ELIGIBLE to receive a benefit, the reasons for the decision will set out in your letter. If you are deemed ineligible by the Administrator, this decision will have followed the settlement and approval process which was reviewed and approved by a court and was followed by the Administrator.

If you do not agree with the decision of the Administrator and believe you should have received a benefit THEN YOUR REMEDY IS TO OPT OUT OF THE CLASS by returning the Opt Out Form which will be included with your letter from the Administrator and mailing it back to McNally Cuming Raymaker within 45 days of the date of the letter from the Administrator.You can then pursue your own individual claim should you wish to do so otherwise you be bound by the decision of the Administrator. McNALLY CUMING RAYMAKER WILL NOT BE ACTING FOR YOU IN ANY OPT OUT CLAIMS - you must pursue your own remedy as the Administrator has determined you are not eligible.

If you receive a letter from the Administrator together with a cheque for your calculated benefits amount, the amount you have receive is what has been calculated by the Administrator. The formula for payment was reviewed by the court and approved by the Court for fairness. If you DISAGREE WITH THE AMOUNT your REMEDY is to RETURN THE CHEQUE TO THE ADMINISTRATOR within 45 days of the date on the letter from the Administrator. IF YOU RETURN THE CHEQUE TO THE ADMINISTRATOR WITHIN THE TIME STIPULATED, YOU WILL BE DEEMED TO HAVE OPTED OUT OF THE CLASS ACTION. You can then pursue your individual claim on your own. McNALLY CUMING RAYMAKER IS NOT ACTING FOR ANYONE WHO RETURNS A CHEQUE AND THEY MUST PURSUE THEIR OWN CLAIM. IF YOU CASH YOUR CHEQUE you are DEEMED TO HAVE ACCEPTED THE SETTLEMENT.