Frequently Asked Questions
A simple phone call to me and a FREE, NO OBLIGATION CONSULTATION WITH MY OFFICE can save you the regret if your injuries turn out to be more than you thought!
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The answer is NOW! Don’t wait to call my Office! A few Minutes with me might save you a lifetime of regret!
I can direct you to the immediate steps that will help you to maximize the recovery from the claim. There may be specific Documentation Periods that have to be complied with to tie the injury to the accident, and once the time passes, it is easy for the Insurance Company for the Defendant to say it was not their fault.
Missing these Time Periods can become a defence to the wrong doer and you will suffer again! -
No body wants to cause legal problems for others. We are taught to forgive and forget. But your injuries will be a reminder for the rest of your life. In Alberta the Insurance Act was amended to provide that injuries from a Motor Vehicle Accident that typically are sprains or strains that you should recover from within two years, will be compensated for UNDER
$5,500.00 for pain and suffering. So why bother calling me?
The problem is that necessary examination of other injuries and claims may be overlooked. You may have a jaw derangement - displacement from a whiplash injury, and not even be aware of it! Doctors are not the Specialists who treat Dental injuries. Without being directed to the right care giver from the start, you cannot know if you are looking at a lifetime of pain and disability. Then, when you realize what your real injuries are, its too late to fix things.
In addition, your WAD 1 or 2 categorization, does not cover you for your loss of housekeeping, or your lost time from work, or the interference with your marital relationships.
On top of that, you may have out of pocket expenses, and property damage, all of which is in excess of the Minor Injury Regulation cap. But the Defendant’s Insurance Adjuster will never tell you about that!
In the worst case of an apparent minor claim that I handled, the Medical Assessor found minimal physical injury from a truck - bicycle collision. The client developed a Psychological Injury known as Post Traumatic Stress Disorder (PTSD). The Psychological Injury ruined an Honour Roll University Student’s aspirations to become a Lawyer, and she could not drive anymore for fear of another accident.
The claim settled for just under ½ a Million! -
When you get a phone call from the other Driver’s Insurance Company, the person you are speaking to is working against you. You might not understand what they are asking, or you may say something like “I’m fine, I was not hurt”. After all, why make a big deal of it!
The Insurance Adjuster for the other Driver only looks at the Insurance Company’s bottom line.
The Insurance Adjuster for the Defendant is there to minimize the amount his company has to pay for the wrongful acts of his Insured. The Insurance Adjuster for the other Driver does not work for you, and he will not tell you who to see and what documents to preserve to ensure that you get the full recovery you are entitled to.
The Insurance Adjuster is a Professional who is trained to investigate your injuries and minimize what has to be paid.
Leveling the playing field for you is my job! Let me talk to the Insurance Adjuster for you.
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You might have Whiplash and find out later that you have also suffered a Rotator Cuff tear in the Shoulder that does not let you do your Job. The Shoulder injury is not obvious at first, because you hurt EVERYWHERE.
You might have a sore neck, and find out later that you also suffered a Temporomandibular Joint Dysfunction (TMJ). The TMJ injury is not obvious at first, because you hurt EVERYWHERE.
You might have a bad headache, that just wont go away! You might find out that your vision is deteriorating later on. You might find out that you cannot focus on tasks you easily did before the accident, that you are frustrated and emotional where you always could cope with life before the accident, and that you cannot remember things that you had no problems remembering before the accident. You might have problems with balance that you never had problems with before the accident. The Mild Brain Injury is not obvious at first, because you have bad headaches and hurt EVERYWHERE.
You might have a sore neck, sore back, sore knee, or sore hip. Only months later do you find out that your injured back, injured hip, injured neck or injured knee have resulted in Arthritic changes in your joints that will haunt you for the rest of your life. The Arthritic changes from Trauma are not obvious at first, because you hurt EVERYWHERE.
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1. Immediately after an accident, EVEN IF YOU WENT TO THE EMERGENCY DEPARTMENT ALREADY, go to a Physician, and report the accident. Tell the Doctor how the accident happened, and tell the Doctor all the parts of your body that you are having trouble with. Then go see your Family Dentist and tell him that you were in an accident! The Dentist must check you out within 4 weeks of the accident.
2. IDENTIFY ANY WITNESSES!! You must be able to prove who was at fault on a balance of probabilities (50% + 1%). The problem is the weighing of the evidence happens long afterward. You need to TIP THE SCALES OF JUSTICE in your favor NOW! It could be a passenger in your vehicle, it could be some other driver! It could be a pedestrian! Get their name, address and phone number at least. If they can write a short statement for you please ask them to do that!
3. Report the Accident to the local Police Department. DO NOT Check off that your verbal statement can be released to Third Parties on the Collision Statement Form. You must write out a statement about how the accident happened for the Police. You DO NOT have to let the Police share that written statement with 3rd parties.
4. CALL ME. I take calls on evenings and weekends, and I would rather talk to you sooner than later. I cannot start to help you until you call me.
5. PICTURES, PICTURES, PICTURES!!!! Go to the Accident Scene, and take Lots of pictures of the location, from all directions. If there are skid marks, broken plastic car parts, or broken glass, take pictures of the debris, and where it is in relation to a landmark like a street sign. NEXT, take pictures of your own vehicle, INSIDE AND OUT. If you are hurt too badly to go yourself, send a friend or family member. Any evidence is better than no evidence!
6. Sit down and write out a statement addressed to MYSELF, stating how the accident happened, how your body moved in the Accident, and how you felt after the Accident. Make sure you Sign and Date the statement, and make sure you bring me the Original Statement! If you have the names and phone numbers of the witnesses, please make sure you bring that to our first appointment so we can obtain Witness Statements from them.
7. Call your Car Insurance Company as soon as possible, and advise them that you were hurt in a car accident. You will be sent out a set of forms to have a Medical Assessment done. Make sure that the assessment is done as soon as possible, as you have a time limit to do this. If you are directed to take physiotherapy treatment under the Minor Injury Regulation, complete the treatment sessions.
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My fees are based on a percentage of the amount recovered at Settlement or Judgement. There is no up front cost to you. If the amount of work that is needed results in more steps in the Litigation Process, the fees portion increases for the extra work that has to be done. If we can resolve the Claim without having to go to formal Litigation, the benefit is for you.
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1. Government Photo Identification such as a Driver’s Licence, Passport, etc. If you do not have photo identification, bring whatever Government Identification that you use.
2. COLLISION REPORT FORM for Motor Vehicle Accidents. This can be obtained from the Police Agency that you reported the Accident to.
3. Pictures that you have taken of the Accident Location and damage to your vehicle.
4. Alberta Health Care Card with your Personal Health Number.
5. Witness Statements, witness names, witness addresses, witness phone numbers.
6. Your Statement of what happened to you in the Accident.
7. Any Auto Repair Estimates, any Bodyshop Bills, any Pictures of the damage to your vehicle!
8. Name of the other Driver, picture of their Driver’s Licence, Other Driver’s Registration and Insurance (Pink Card).