First Steps

What are my rights when making a claim for injuries caused by someone else's negligence?

You have the right to have your property repaired, or replaced. You are entitled to compensation for pain and suffering, recovery for loss of past wages, and any loss of capacity to earn a future income. You are also entitled to receive any past and future care costs associated with treatment you will require because of your injuries. Finally, you are entitled to reimbursement of all of your out-of-pocket expenses, loss of homemaking capacity, and payment of medical expenses.

When should I contact a lawyer?

It is imperative that you contact our office as soon as possible in order to protect your legal interests.

How do I hire a lawyer?

If you have not already done so, you may call and talk to us regarding the facts of your case. We will then determine whether you should make an appointment to discuss your case with us.

What information is required to proceed with a personal injury claim rising from a motor vehicle collision?

We will need as a minimum:

• Personal information from you.
• Other driver's and vehicle owner's full names.
• Name of other driver's insurance company.
• Other vehicle's make, model and license plate number.

If you are unable to obtain this information, you should contact us as soon as possible

Is there any charge for the initial meeting with a lawyer?

No. The first consultation with us is free. The initial interview allows us to determine if you have a case and if we are willing to represent you.

Settlement or Judgement

Do all cases have to go to trial before a judge or jury?

No. Over 95% of our cases are settled prior to trial. Generally, only the very large cases or highly disputed cases end up being tried before a jury or judge. Today many cases are resolved quickly through other forms of dispute resolution such as mediation and arbitration. We will discuss all available options with you.

How do I know what amount is fair for a settlement?

We will explain clearly to you the factors which play a part in evaluating your claim. We will make recommendations to you and try to clearly explain to you the reasons for the recommendations. We have experience in settling cases and know what our Courts generally award in similar cases. Clients usually follow our recommendations.

How do I pay my lawyer?

Fees are contingent upon recovery. In other words, our firm charges a percentage fee based on the amount of money recovered. We do not charge you an hourly rate. We do not require a retainer from you to act on your behalf. If no recovery is made, there is no charge for our time. The percentage fees may vary depending on the difficulty of the case and other factors.

How long will it take to complete my case?

This question cannot be easily answered. Each case is different, and is treated on an individual basis. Normally, we settle only after your complete recovery to pre-accident status. If you do not recover to pre-accident status, then we try to ensure you have been involved in all necessary rehabilitation before attempting to resolve your claim. These and many other factors play a part in how fast we can complete your case. Mediation or arbitration may significantly speed up settlement of a case.

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 $400.00 per week for lost income while you are totally disabled. You are also entitled to receive up to $50,000.00 in funding for physiotherapy, massage therapy, and other treatments prescribed by your physician, relating to your injuries. You are entitled to receive up to $750.00 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.