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Car Accident

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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, 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, 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, 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 Can Do for You

At Cuming & Gillespie, 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.