QUESTIONS ANSWERED.

Is my claim “capped”?

Under Alberta’s Minor Injury Regulation, sprain, strain and whiplash associated disorders are subject to a cap on compensation for pain and suffering. We believe that it is essential for accident victims to consult with legal counsel before settling their claims as chronic pain and other conditions, even if they arise out of a sprain, strain or whiplash associated disorder, may not be capped.

Greg Rodin has written and lectured on the subject of “capped claims” and his innovative approach to the Minor Injury Regulation has been accepted in Alberta to establish that chronic pain is not “capped”.

All members of our legal team have experience successfully litigating claims that were initially alleged to be “minor injuries” by the insurance industry.

What may I claim by way of compensation?

Subject to “the Cap” (see above), as a victim of someone else’s negligence, you are entitled to claim compensation for all of your provable losses. Typically these losses may include the following:

• Pain and Suffering

• Out of Pocket Expenses

• Loss of Income or Profits

• Loss of Income Earning Capacity

• Loss of Housekeeping Capacity

• Cost of Care and Other Anticipated Expenses

• Depending on the facts of your case, you may be entitled to claim other loss and damage not enumerated above.

If you were injured in a motor vehicle collision, you are also entitled to claim what are called Section B Benefits, usually from your own insurer. There are strict limits on the type and amount of benefits which you are entitled to claim, and on the duration that such benefits are payable. Section B Benefits are payable regardless of fault for the accident and are designed to be paid quickly after the accident. Section B Benefits include the following:

• Funeral Expenses

• Death Benefits

• Total Disability Benefits

• Dental Treatment Expenses

• Chiropractic Treatment Expenses

• Medical Treatment Expenses

• Personal Care Expenses

• Housekeeping Expenses

• Massage Therapy and other Necessary Treatment Expenses Prescribed By Your Doctor

How do you charge your fees?

We charge our fees on the basis of a percentage of recovery. This is called a “contingency fee”. If we are unable to recover anything on your behalf, we do not charge a fee for our services. You are not required to provide us with a retainer for fees since we collect our fees when your claim settles and the money is received.

We also pay for litigation expenses while the claim is ongoing.  These expenses will be recovered at the time of settlement.

How soon after my injury should you be contacted or retained to represent me?

To protect yourself, it is important to obtain legal advice as early as possible. This allows us to begin our investigations at an early stage which is beneficial to your claim. Most importantly, obtaining legal advice early ensures all legal time limitations are met.

In Alberta, the time limit for filing a legal claim is 2 years from the date of injury.  There may, however, be earlier limitations that apply to the circumstances of your claim.

What should I be doing to assist in the successful resolution of my claim?

Follow the treatment plan prescribed by your doctor

You have a legal responsibility to “mitigate your loss”. This means that you must take reasonable steps, wherever possible, to minimize the amount of loss and damage that you experience as a result of your injury.

Accordingly, you have a responsibility to obtain reasonable treatment for your injuries to facilitate the recovery process. If you fail to obtain such treatment, the damages you are entitled to recover may be reduced to the extent that any such treatment would have aided in your recovery.

By following your doctor’s advice concerning treatment, you will also be ensuring that a proper health record is maintained. This health record will enable your doctor to provide us with authoritative reports detailing the nature and extent of your injuries, your progress toward recovery and your prognosis for the future. We rely on these reports to make a proper assessment of the value of your claim and to negotiate a fair settlement.

Keep us informed of significant developments

We will contact you at regular intervals to keep abreast of your progress toward recovery and to discuss the status of your claim generally. It is important, however, for you to advise us in a timely manner as to any significant changes or developments in relation to your injuries and treatment, or in relation to how the accident is impacting your life.

Discuss any questions or concerns you may have with us

Should you have any questions or concerns about any aspect of your claim, or should a concern arise at any time, it is critical that you contact us to discuss same. We are here to help you in any way we can. The importance of good communication between lawyer and client cannot be overstated.