Car Accident Lawyers Chestermere
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It is easy to lose sight of how common motor vehicle accidents can be. Despite numerous safety measures, motor vehicle collisions are still an unfortunate and expected part of driving.
A five-year study of traffic statistics in Chestermere shows a 300% increase in motor vehicle collisions causing injury. This surprising number serves as a reminder that even in supposedly safe neighbourhoods, motor vehicle accidents and injuries still happen.
These accidents are caused by various factors, such as impaired driving and speeding. This is why practicing safe driving habits and knowing your rights is essential. Knowing your legal rights, such as knowing what you can claim compensation for, can help you recover from the aftermath of an accident and hold those responsible.
Our Chestermere motor vehicle accident lawyers have dedicated their practice to helping clients and explaining to them their rights. Let us help you as well. Contact us for a free, no-obligation consultation to understand how the law can help you.
Navigating the Aftermath of a Motor Vehicle Accident
Navigating the aftermath of a collision can be scary and confusing. It can be easy to second-guess what the proper steps are. Taking the appropriate steps can make a world of difference in helping you navigate the legal aftermath. Be mindful to do the following if you or someone close is in an accident:
- Stay Calm and Look for Injuries: The most important thing after an accident is to ensure that anyone who needs medical attention gets it right away. Check yourself and your passengers for injuries. If anyone is hurt, call 911 right away.
- Move to the Side of the Road: An accident can distract other drivers and cause traffic to slow down. Move to the shoulder of the road to avoid getting in the way of other vehicles. Once you move your car, turn on your hazard lights and exit.
- Get the Information of all Parties Involved: Collect the contact, insurance, and vehicle information for all drivers involved in the accident. Also, get the contact information of passengers and nearby witnesses.
- Get Evidence of the Accident: Take photos and videos of the scene of the accident. Ask nearby witnesses for statements. Look around for any cameras that may have recorded the accident.
- Report the collision: Call the police if the total damage is over $5000, if someone is hurt, if the vehicles need to be towed, or if one of the drivers is unlicensed, uninsured, or is missing their vehicle registration. If these do not apply, report the accident to a collision reporting centre. Also, inform your insurance company of the accident if you intend to make a claim.
- Speak to a Car Accident Lawyer: A motor vehicle accident lawyer will be able to inform you of your rights and responsibilities. They can help you negotiate with the involved parties to help you get the compensation you deserve.
Our Chestermere car accident lawyers have years of experience putting forward car accident claims for clients injured in a collision. Schedule a free initial consultation with our lawyers to learn more about your rights.
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We are here to help Albertans get the compensation and benefits they deserve after being injured in an accident. We take this responsibility very seriously. Book your free call with our personal injury lawyers today and let us help you.
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Accident Benefits and Insurance for Motor Vehicle Accidents
Worrying about how you will financially support yourself can be easy when you’ve gotten into an accident. Even with public health care, accidents can still cost victims significant money. Luckily, insured individuals are provided with accident benefits, which act as the first line of defence to provide relief. All drivers must have mandatory minimum insurance coverage of $200,000 in third-party liability coverage and Section B accident benefits.
Section B benefits, also commonly referred to as “no-fault benefits,” provide money to injured individuals to help pay for the losses they experience because of the accident. This includes payment for:
- Medical treatments and supports;
- Rehabilitation (i.e. physical therapy);
- Assistive devices (i.e. crutches);
- Funeral costs;
- Grief support; and
- Disability support (for loss of income).
These benefits can be used during the first two years after the accident. These usually cannot be accessed beyond this period. There is also a limit on the amount of money provided for each category. For instance, your accident benefits will only cover the first $50,000 incurred in medical expenses. It also does not give full income coverage, as the payment maxes out at $400 weekly.
If you are unable to work or need extensive treatment to heal from your injuries, these benefits likely won’t be enough to support you. Fortunately, additional options are available to help you recover from the losses you encounter. Our Chestermere motor vehicle accident lawyers are experienced and can explain available options. Schedule a free consultation with our team to learn more. If you and a loved one were injured, know that help is available; don’t wait to get the compensation you deserve.
Claimable Compensation for Motor Vehicle Accident Victims in Chestermere
Sometimes, relying on accident benefits and your health insurance isn’t enough. Severe accidents that cause long-lasting injuries and disabilities can completely alter your life. In such situations, it may be beneficial to consider pursuing legal action against the person responsible for the accident.
Understandably, going to court is overwhelming; however, pursuing legal action may provide greater compensation than insurance alone. For instance, in a lawsuit, not only can you sue for the monetary losses you face, such as the damage to your property, medical expenses, lost wages, or loss of future income, but you can also sue for non-monetary losses, such as emotional distress, pain and suffering, and the loss of enjoyment of life. Even though you can’t quickly put a price tag on the pain and suffering you experience, you still deserve acknowledgment of what you went through. In Canada, if you experience the most severe injuries and harm, you may be able to claim up to roughly $400,000 for non-monetary damages. These damages are assessed by considering the severity of the accident, the impact it had on your life, and the pain suffered. A car accident lawyer can help you assess the value of your claim to gain a better understanding.
Elements of a Motor Vehicle Claim
When you are suing someone for compensation, you are doing so because someone hurt you and you suffered a loss. All drivers have an unwritten contract when they choose to get behind the wheel — to drive safely. When someone chooses not to drive safely, they essentially break this contract. If unsafe driving causes an accident that leads to someone getting hurt, they could be taken to court to be held responsible. This involves showing that the injuries you experienced were because of the accident, and the accident was because the driver did not drive safely.
The process of suing for compensation for your injuries involves the following:
- Filing an Action: Within two years of the accident, a statement of claim must be made to start the litigation process. This document will formally begin your lawsuit and will notify the defendant (the person responsible for the accident) that you are suing them and the reasons why. It will also outline the amount of damages you are claiming. It is essential to be careful when making a statement of claim, as it is the main starting point of your claim, which is why it is helpful to hire a lawyer.
- Prepare Evidence: Once the statement of claim is filed, evidence must be collected and prepared. This evidence will be used to support your claim that the defendant was responsible for the accident that caused your injuries. You and the defendant will then provide each other with a copy of the evidence.
- Participate in Discovery: Once everyone has had time to review the evidence, both sides can ask questions about the evidence. This process is known as discovery. It is key to finding additional evidence and facts about your case. The discovery outcome frequently will prompt a settlement to occur, as it could alert the parties to the likelihood of success in trial.
- Attempt to Settle: Motor vehicle accident claims are usually settled outside the trial. Usually, the parties will participate in a settlement hearing to resolve the matter. If the parties cannot agree on a settlement figure, they can go to alternative dispute resolution, such as mediation.
- Go to Trial: The parties can go to court if the matter is unresolved. This is quite rare. If you decide to go to trial, having a lawyer prepare your case is helpful.
The process of motor vehicle litigation can be, unfortunately, complex and time-consuming. There are many technicalities involved in pursuing litigation. Despite the numerous online resources to explain the court process, building a case without prior experience can still be challenging. Our motor vehicle accident lawyers have dedicated their careers to helping victims bring forward cases for compensation. Allow our team of lawyers to advance your case so you can focus your energy on healing and recovering.
The Role Our Car Accident Lawyers Play In Your Accident
Our team of car accident lawyers has spent years carefully crafting the skill of making their clients’ voices heard. Making a motor vehicle accident claim is more about getting money; it’s about acknowledging the harm suffered, helping people recover, and moving forward from a traumatic event. This important goal is instilled throughout our firm. We have always been a plaintiff-only firm that focuses on ensuring those who are wronged get the help they deserve.
Over the years, our firm has helped many clients navigate the complex and difficult world of litigation to get compensation for their injuries. It can be hard to file a lawsuit, and worrying about recovering from your wounds can be challenging, so we want to ease your burdens. Let us use our experience to make recovering compensation easier for you. Schedule a free initial consultation to learn more about your rights and how we can help you get the compensation you deserve.
Chestermere Resources for Motor Vehicle Accident Victims
The following resources are available for Chestermere locals to help them recover from the aftermath of a motor vehicle accident. These resources are not associated with Preszler Injury Lawyers but are listed to help you find additional support to help you recover.
Do you live in Chestermere? Here’s how we can help:
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Awards and Recognitions
Proud to be one of Canada’s oldest personal injury law firms. The firm was founded in 1959 and has now grown to numerous offices across Canada. We have cumulatively secured over $1 billion for thousands of Canadians and are proud to maintain a high standard for our professional services without compromising on care or compassion.
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Commonly Asked car accident Questions
Here are our most asked questions on car accident claims.
What types of compensation can be claimed after an accident in Calgary?
You can claim compensation for pain and suffering, past wage loss, future wage loss, out-of-pocket expenses, expected future cost of care, loss of housekeeping capacity and an in-trust claim for people who have gone above and beyond to care for you when you were injured.
How can a personal injury lawyer help me after an accident?
Personal injury lawsuits require technical skills to be advanced properly. A personal injury lawyer can help by making sure the legal and evidentiary parts of your case are being properly advanced. This allows you to concentrate on going to treatments and getting better.
Can my family members sue an at-fault driver?
Yes, if they are injured in an accident or are making a claim for wrongful death due to a close family member dying in a car accident. If your family member was not injured in the accident, aside from wrongful death claims, there are limited avenues to sue an at-fault driver.
What Section B benefits are available to me after an accident in Calgary?
Most people injured in car accidents have access to Section B benefits. These are no-fault benefits that pay for treatment, medication, and other health-related expenses. No-fault benefits can also provide disability coverage if you are disabled from working.
Can I claim disability benefits if I am unable to work after an accident?
Yes, most of the time. If you cannot work after an accident, several sources of benefits might be available to you. You may have disability coverage through your work or employment insurance. If you do not, then in most cases, you will qualify for Section B benefits. If your disability is prolonged and indefinite, you may qualify for CPP disability benefits as well.
How long will it take for my case to settle?
Each case is different. In a serious motor vehicle accident case, we must know how your recovery will be before we can value the case. This can sometimes take a couple of years before we know for sure. It is generally a mistake to settle your claim too early. Early settlements typically assume a full recovery without setbacks. We want to avoid situations where you settle your case early, and those assumptions turn out to be wrong.
Can medical expenses be claimed in a lawsuit? If so, what kind?
Yes. First, any medical expenses covered by Section B that are not claimed in the lawsuit can be recovered as you go. Any medical expenses that were medically justified and reasonable, over and above Section B benefits, can be claimed in the lawsuit. This usually includes treatment and medications that exceed the Section B limits.
What steps should be taken after an accident?
After ensuring your safety and health are accounted for, you must obtain the identification, insurance, and licence plate of the other vehicles and drivers involved in the accident. Obtain the contact details of any witnesses, as determining fault for an accident is a significant part of the case. The accident should be reported to your insurer promptly.
I was in an uninsured motor vehicle accident, what are my options?
If you were uninsured, you will not have access to Section B benefits, but you can still make an at-fault claim against the other driver if they were at fault for the accident. If the other driver is uninsured, you will have access to your own Section B benefits. If the uninsured driver was at fault, you can make a claim against the Motor Vehicle Accident Claims Program.
Can I claim compensation for emotional distress after a motor vehicle accident?
Yes. Emotional distress almost always follows physical distress and is a common injury in motor vehicle accident claims. Sometimes, emotional distress is more serious and can lead to a diagnosable psychiatric condition. Motor vehicle accidents can also be traumatic and can cause trauma-induced distress disorders such as post-traumatic stress disorder.
Is there a difference in the claims process for pedestrians or cyclists who are hit by a motor vehicle in Calgary?
The claims process for pedestrians and cyclists is similar to accidents between vehicles. In fact, sometimes pedestrians and cyclists can run into trouble if they do not take the same steps to obtain the other driver’s ID, insurance and licence plate. Section B benefits are still generally available except in rare situations.
Can I claim compensation if the accident aggravated a pre-existing injury, but no new injuries occurred?
Yes. Most people have some underlying health conditions. If those conditions include pain, particularly neck or back pain, they are especially vulnerable to an aggravation of those conditions. While insurance companies will try to use pre-existing conditions as a defence to a personal injury claim, people with pre-existing conditions are easier to injure and, take longer to heal and can sustain life-altering aggravations from motor vehicle accidents.
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