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Cuming Gillespie -> FAQ -> Representing You
Representing You

What happens to the party who causes my injury?

The party who caused your injury will likely have insurance.  As such, their insurance company will investigate the claim, and you will have no contact with the party who caused your injury.  The party who caused your injury proceeds on with his or her daily life, and generally the matter is settled by his or her insurance company with little or no involvement on the part of the other individual.

Who pays the expenses for investigation, litigating and medically documenting my claim?

We will provide funding for all of your disbursements (expenses associated with assisting you with your claim).  When your claim settles, or we obtain a Judgement on your behalf, the disbursements will become part of your settlement of Judgement, and we will be repaid out of the proceeds from your settlement or Judgment.

Do I have to co-operate with the insurance companies?

You must co-operate with your own insurance company, or the insurance company of the driver of your vehicle.  We would strongly urge you not to discuss the matter with the insurance company of the party who caused your injury, until you have had the opportunity to consult a lawyer.

Am I entitled to any benefits from my own insurance company?

If you were involved in a motor vehicle collision and you are not otherwise covered by disability insurance, you are entitled to "Section B Benefits".  These benefits are considered no-fault benefits, which means that you are entitled to these benefits regardless of who is responsible for the accident.  For Section B Disability Insurance to be effective there must be valid insurance coverage on the vehicle you were injured in, or on the other vehicle if you were an injured pedestrian or cyclist.

Under Section B benefits, you are entitle to be paid up to $300.00 per week for lost income while you are totally disabled.  You are also entitled to receive up to $10,000.00 in funding for physiotherapy, massage therapy, and other treatments prescribed by your physician, relating to your injuries.  You are entitled to receive up to $500.00 for chiropractic care.  These benefits are available for up to two years following your collision.  We will explain these rights more fully in our initial consultation.

If you were not injured in a motor vehicle accident, and you have a benefit provider, they will provide you with assistance.

What if I was covered by Workers' Compensation?

In Alberta, we can assist you with your claim if you are covered by Workers' Compensation, as long as your were injured by a party NOT covered by Workers' Compensation.

In Workers' Compensation cases, the WCB instructs us, and our fee is charged to the WCB.

The WCB provides you with a percentage of the recovery plus any surplus over and above its expenses and costs.

We have successfully represented numerous clients with respect to injuries sustained while they were covered by Workers' Compensation.