Leading Calgary Car Accident Lawyers

Car accidents happen every day and can result in serious personal injuries or even fatalities. Individuals who have been hurt in car accidents, including pedestrians or victims of hit and runs, as well as families of those who have been fatally injured have grounds to file a personal injury claim as a result of their injuries.

At Cuming & Gillespie LLP, we represent those who have been injured or have lost loved ones in car accidents. We value the responsibility that comes with acting for these individuals and understand the importance of getting compensation to help rebuild their lives and provide the best quality of life possible. We are known for being the best at what we do and have repeatedly been recognized as leaders in personal injury:

Best Lawyers in Canada Directory: Top listed in the areas of Personal Injury, Class Action and Medical Malpractice;
Global Law Experts Winner;
CorporateINTL Global Award Winner: Personal Injury Plaintiff Law Firm of the Year in Canada;
Top Choice Award: Top Injury Law Firm in Calgary; and
Personal Injury Plaintiff Law Firm of the Year – ACQ Law Awards.

What Kind of Compensation Can I Get if I Have Been Injured?

If you have been hurt in a car accident, you have the right to seek compensation for your injuries. The amount of compensation will vary depending on the severity of your injuries. In Alberta, legislation limits the amount of damages payable for minor injuries that resolve within approximately six months with treatment to $5,296 (as of 2020). However, serious injuries, such as chronic pain, psychological injuries, and TMJ injuries, do not fall under this cap and typically recover much more. For more information about the cap on soft tissue injuries, please see below.

When you hire Cuming & Gillespie LLP, you can rest assured that you are getting the best and most effective representation for your personal injury claim. Our exception team of Calgary personal injury lawyers have a proven track record of obtaining significant compensation for each our clients. In the past decade, we have been able to recover more than $175 million in damages for our injured clients. We have the knowledge, experience, and skills to get you maximum compensation you will need money you need to close a painful chapter of your life and focus on recovery and moving forward.

Capped Claims Under the Minor Injury Regulation: What You Need to Know

Minor soft-tissue injuries suffered after a motor vehicle accident are subject to a cap on the amount of damages. As of January 1, 2020, this amount is $5,296.00. Soft-tissue injuries include sprains, strains and WAD (whiplash-associated disorders). If these injuries remain minor, in that they resolve within a few months and do not worsen or cause chronic pain, then the victim is not entitled to claim more than the capped amount.

However, it is important to keep in mind that injuries do not always fall within the category of capped claims, even if the insurance company claims that they do. Further, an injury that seems to be minor may not remain minor if it fails to resolve within a year or so. It is best to remember that a victim has 2 years from the date of the injury to make a claim or bring a lawsuit for damages, and as such, injured victims are advised to wait before entering into any agreements with an insurance provider. An injury that seems minor a week after an accident may develop into chronic pain or even worsen over time. Accepting a settlement too quickly may limit your entitlement for more extensive damages down the line. For more information about capped claims, see our FAQ page.

Whiplash-Associated Disorders (WAD Injuries)

WAD injuries are classified into categories ranging from 0 to 5, based on seriousness. WAD level 1 or 2 injuries are considered to be minor, and therefore will generally fall within the capped claim regulations.

WAD 1 injuries are defined as neck pain with normal range of motion and strength, no swelling, and no muscle spasm.

WAD 2 injuries are defined as neck pain with limited range of motion, spasm or swelling, and tenderness in the neck and shoulders. Injuries of this nature are possibly related to sprained ligaments or muscle tears causing internal bleeding and swelling.

However, it is possible that a WAD 1 or 2 injury will fall outside of the cap if it accompanies a more serious injury or carries on for an extended period of time. For more information about WAD injuries, please see our FAQ page.

How Long Will My Claim Take?

Every claim is unique and the amount of time it takes to resolve a claim also varies. What is common across all claims are the steps that need to be taken to prove personal injuries and establish a claim, and that starts with seeing a doctor as soon as possible to receive treatment and report of injuries.

Lawyers will ask for reports similar to the ones below in order to file a successful claim:

Medical records;
Physiotherapy and massage records;
Any X-rays or other diagnostic scans;
Police reports (to show there was, in fact, an accident); and
Collision report for the vehicle to see the extent of the damage.

Best Practices Following a Car Accident

As soon as you are physically able to after your accident you should meet with an experienced lawyer. This is very important to do when the details of the accident are still fresh and recalling them is much easier.

Your lawyer will help you gather all the evidence you need to make a claim, will alert you to any information you are missing, and may do some further investigations to help build you a strong case.

Remember that you have 2 years to accept a settlement from an insurance company or bring a lawsuit for damages after a motor vehicle accident. As mentioned above, we recommend that you avoid contact with an insurance provider who is attempting to entice you into settling too quickly. It is difficult to know the full extent of your injuries right away, and you are better off waiting until you know whether your injuries will be prolonged or even worsen over time. In addition, be sure to follow the treatment plan and recommendations set out by the physician(s) treating you following the accident.

At Cuming & Gillespie LLP, we care about your recovery and will work closely with you, your doctors, your therapists, and any other treating professionals to help ensure you maximize your recovery. We will take care of all aspects of your claim so that you can take care of yourself and focus on getting better.

We are proud to be the founding donors of the Foothills Hospital Brain Injury Patient Experience Program, working closely with the hospital to help injured patients. Our gift will be used to exponentially increase the positive experiences that patients have in a hospital setting. The program will additionally allow those have suffered brain or spinal injuries to focus on their rehabilitation while they are in the hospital, and help them to transition back into the community once they are discharged.

What Cuming & Gillespie LLP Can Do for You

At Cuming & Gillespie LLP, we have more than 20 years of experience successfully representing injured clients in serious personal injury claims. Our proven track record backs up our reputation of being leaders in the area. We have recovered over $175 million for our injured clients in the last ten years alone. We want to see you recover from your injuries and move on from this chapter of your life. Call us at 403-571-0555 or contact us online to book an appointment today for a free consultation.

Car Accident FAQs

What should I do after a car or motor vehicle accident?

After a car accident, your first priority should be your health and safety. It is imperative to seek medical attention as quickly as possible, particularly as signs of an injury may not immediately be noticed. At the scene of the accident, ensure that appropriate first responders are called. Exchange contact and insurance information with all other drivers involved, pedestrians, witnesses, and police. If you feel well enough, try to document the scene by taking photographs.

After these steps, it is important to speak with a personal injury lawyer as soon as possible to preserve your potential personal injury claim. An experienced personal injury lawyer has the resources required to protect your rights and seek the maximum compensation possible.

Can I receive compensation for minor injuries sustained in a car accident?

You are entitled to compensation if you have suffered minor injuries as a result of a car accident. Minor injuries are generally defined as injuries which do not result in a serious impairment. Damages for pain and suffering (general damages) from minor or soft-tissue injuries fall under the minor injury cap in Alberta (which, as of 2022, is set at $5,488).

However, injuries do not always fall within the category of capped claims, even if the insurance company claims that they do. Further, an injury that seems minor may not be considered minor if it fails to resolve within a reasonable amount of time. Therefore, it is critical to contact a knowledgeable personal injury lawyer before settling with your insurance company to ensure you get the maximum compensation possible.

Does it matter if I’m at fault for the car accident?

In Alberta, you are entitled to Section B (No-Fault Accident) Benefits regardless of fault for an accident. Generally, Section B Benefits can help cover medical and treatment expenses and a portion of lost income. If you are unsure about how to apply for these benefits or your legal entitlements, the lawyers at Cuming & Gillespie LLP can guide you through this process.

The at-fault party’s automobile insurance company will be responsible for medical expenses (not covered by insurance) and other compensatory damages for the injuries suffered by the innocent party(ies). Drivers deemed at-fault for an accident may be subject to paying higher automobile insurance premiums and the at-fault collision will be noted on their driving record.

If I have insurance, do I need to hire a personal injury lawyer for my car accident?

Hiring a personal injury lawyer after a car accident is not required by law, but it is highly beneficial and often results in greater compensation. A personal injury lawyer can help navigate and manage your injury claim so that you can focus on your health and recovery. A lawyer can obtain evidence and witness statements, investigate the collision, review liability and pursue a claim for fair and just compensation for your losses and damages.

It is important to note that hiring a personal injury lawyer does not guarantee a particular outcome for your claim.

Is there a time limit to sue someone after a car accident in Alberta?

In Alberta, the general time limit to file a lawsuit after a car accident is within two years from the date of the accident. This time limit is known as the statute of limitations and is set out in the Alberta Limitations Act. If you do not file your lawsuit within this time period, you may be barred from doing so.

There are some limited exceptions to this general rule, however. For instance, if you were a minor at the time of the accident, you have a longer time period to sue (i.e. within two years of the minor’s 18^th birthday). If you have been involved in a car accident, it is important to speak with a lawyer as soon as possible to ensure you do not miss the limitation period or prejudice your right to pursue damages.

How much does a car accident lawyer cost?

At Cuming & Gillespie LLP, our lawyers manage personal injury claims on a contingency basis so that no out-of-pocket expenses are paid by you. Instead of paying an hourly rate, our legal fees are calculated as a percentage of the final amount we recover on your behalf. Because legal fees are collected once your file has been settled, no bills for legal fees or disbursements will be due throughout the duration of your claim. All legal fees and disbursements are collected at the conclusion of your file from your settlement.

You only pay if we successfully settle your claim. If we do not recover compensation, you will not owe us anything.

What is the difference between accident benefits and personal injury damages?

Accident benefits are paid by the insurance company of the vehicle that you were driving, while personal injury damages are the result of a lawsuit against the responsible driver or vehicle owner. Some differences between the two types of compensation, as well as the ways Cuming & Gillespie LLP can assist with each, are set out below. Cuming & Gillespie LLP handles all aspects of both accident benefits and a personal injury lawsuit. You focus on getting better – we handle the rest.

Accident Benefits

Paid by the insurance company that covers the vehicle the injured party was driving
Payable immediately for two (2) years up to $50,000 plus income benefit – Cuming & Gillespie LLP can assist with the claims process with no fee charged
Comprehensive treatment plan can be provided through medical assessments – Cuming & Gillespie LLP can help set up private occupational therapy and medical assessments
May provide income replacement benefits (i.e. for loss of income or inability to work caused by injuries)
May cover necessary costs, including occupational therapy, physiotherapy, massage, chiropractic treatment, dental, counselling, etc.
May include household benefits
Goal is complete recovery or best recovery possible

Personal Injury Damages

Claimed for through a lawsuit against the responsible driver/vehicle owner
May be able to get an emergency advance to cover immediate needs, if applicable (otherwise, need to wait until lawsuit is settled or adjudicated in court)
Damages claimed for impact of injures on life, family, and work
Analysis of damages owed is based on injured party’s abilities once they’ve achieved maximum improvement on recovery (i.e. back to 100%)
Several potential heads of damages:
- Pain and suffering
- Out-of-pocket expenses
- Past and future income loss
- Lost opportunities
- Household impact and housekeeping
- Future care/life care plan
- Tax implications
- Impact on injured person’s spouse/partner
- Interest
Cuming & Gillespie LLP retains the top experts to provide opinions/assessments to help value claim
Legal fees charged on total compensation collected at end of claim

Car Accident Terms

Distracted Driving

Distracted driving is any activity that diverts attention from the primary task of driving. All distractions pose a hazard to drivers, but texting is considered especially dangerous because it combines all three types of distraction: visual, manual, and cognitive.

Airbags

Airbags are safety devices that are designed to deploy in the event of a collision. They help to protect occupants of a vehicle by cushioning them and absorbing some of the impact force. Airbags are typically located in the steering wheel, dashboard, and door panels.

Accident Benefits

Accident benefits, also known as Section B Benefits, are no-fault benefits designed to help people who have been injured in an accident regardless of fault. These benefits can help with things like medical expenses, income replacement, and death benefits. Depending on the severity of the injuries, accident victims may be able to receive up to $50,000 in benefits over a maximum two-year period.

Head-On Collision

A head-on collision is a type of car accident that occurs when the fronts of two vehicles collide with each other. Head-on collisions are very serious and can often be fatal.

Impaired Driving

Impaired driving is a criminal offence. It includes operating a vehicle while impaired by alcohol or drugs (this includes prescription and over-the-counter medications) or with a blood alcohol concentration (BAC) above the legal limit. Drivers who are caught driving impaired face serious consequences, including fines, jail time and a driver’s licence suspension.

Minor Injury Regulations

The Minor Injury Regulations (MIG) are a set of guidelines that establish the maximum amount that will be paid for minor injuries arising from motor vehicle accidents. “Minor injury” means a sprain, strain, or whiplash-associated disorder that does not result in serious impairment. However, an injury may not be minor, even if the insurance company says it is. Someone who has suffered an injury should consult with a qualified personal injury lawyer before settling with their insurance company to ensure they receive the maximum compensation possible.

Rear-End Collision

A rear-end collision is a type of car accident that occurs when one vehicle hits the back of another vehicle. Rear-end collisions are often caused by distracted driving, tailgating, brake problems, or poor road conditions.

Roll-Over Collision

A roll-over collision is a type of car accident in which a vehicle tips over onto its side or roof. Roll-over accidents can be caused by a variety of factors, including driver error, poor road conditions, and vehicle defects. They are often very serious accidents that can result in injuries or even death.

Side-Impact Collision

A side impact collision, also known as a T-bone or broadside collision, is a type of car accident that occurs when the side of one vehicle collides with the front or rear of another vehicle. This type of car accident can be especially dangerous because the passengers in the side-impacted vehicle are at risk of serious injuries, including broken bones, internal bleeding, and traumatic brain injuries.

Soft Tissue Injuries

Soft tissue injuries involve damage to the body’s muscular, ligamentous, or fascial tissues. These injuries can be caused by sudden trauma, such as a fall or car accident, or they can occur over time due to repetitive motion. Treatment for soft tissue injuries often includes rest, ice, compression, and elevation (RICE).

Stunting or Stunt Driving

Stunting encompasses any type of driving that is dangerous and risky to other road users. The Alberta Traffic Safety Act defines stunt driving as “perform[ing] or engag[ing] in any stunt or other activity on a roadway that is likely to distract, startle, or interfere with other users of the roadway.” It can include excessive speeding, sudden braking, and weaving in and out of traffic. Stunting in Alberta can result in a number of penalties, including a fine, demerit points, suspension of your license, or imprisonment.

Supplementary Restraint System (SRS)

A supplementary restraint system, or SRS, is a safety feature in automobiles that supplements the vehicle’s seat belts. SRS typically includes airbags for the driver and front passenger, as well as sensors that deploy the airbags in the event of a collision.

Whiplash-Associated Disorders (WAD)

Whiplash-associated disorders (WAD) are a group of conditions that can occur after a person experiences an injury to the neck, often as a result of a car accident but can be caused by any forceful, rapid back-and-forth movement of the neck. WAD can cause a concussion and results in a variety of symptoms, including headaches, dizziness, pain, stiffness, decreased range of motion in the neck, and sleep problems.

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