Personal injury settlements in Alberta are not created equal. After working for Canada’s largest insurance companies and then coupled with my almost a decade-long experience representing victims of personal injuries from motor vehicle accidents across Alberta, I can tell you that the steps you take right after your accident, and throughout your claim can have serious impacts on the eventual settlements or court judgement that you obtain after a motor vehicle accident in Alberta.
We go through a few of those steps below:
Gather All Relevant Information After the Accident
Capture and save all relevant information right after the accident: You want to make sure you save all accident and motor vehicle related property damage. There is a high chance that vehicle damage evidence that is not captured and saved could be lost at the end of the case when your personal injury law needs them.
Why Documentation is King in Maximizing Case Value
Documentation is King: Document all personal injury related symptoms that you experience. For example, if you experience sleep issues due to your pain or other accident-related symptoms, document these issues with your regular doctor. In addition to documenting your concerns with your doctor, also take pictures of lacerations and bruising that may have sustained. It is not unusual for people who have been involved in motor vehicle accidents to have seat belt lacerations and marks on their skins due to the seatbelt locking up after a motor vehicle accident as it should. It is important to document and save this information early as the lacerations will heal by the time the personal injury claim gets to the point of assessment and discussion.
The Role of Your Medical Doctor in Your Case Worth
The most important professional in your case is your Medical Doctor. Yes, not your lawyer, not your physical therapist, but your regular family doctor. Whenever you experience issues in relation to your personal injuries from a motor vehicle accident in Alberta, simply book a time to see a doctor to ensure you get the care that you need but to also make sure that your symptoms are well documented. Your personal injury lawyer will end up requesting these records at later date to add credence to your personal injury claim. Note that I said a medical doctor– I realize that it may be difficult for people to get a timely appointment with their doctors. Alberta Medical Association noted in this blog that “across the province, upwards of 650,000 Albertans are searching for a family doctor”. So, any doctor will do. You can simply book an appointment with a doctor, whose location is convenient for you to ensure that your issues are documented and taken care of.
Start Treatments Early to Maximize Your Case’s Worth
Start treatments early: This is simply a no-brainer. Just do it. Start treatments early. Remember to mention all your symptoms to your medical professionals, even if the symptom seems relevant and/or mundane, still bring it up with your regular doctor. By doing this diligently, you can expect that they will refer you to other professionals that can either assist you with the identified issues or they can alternatively refer you to other professionals that can assist you with your case. Your doctor can determine if you need to see a TMJ specialist for your jaw issues, or a neurologist for any ongoing neurological issues that you may be having. Closely related with starting treatments early is making sure that you follow through and attend all your treatments as well. Failure to attend your treatments could lead to allegations of lack of mitigation of your injuries.
Hire an Experienced Personal Injury Lawyer in Alberta
Consult and hire an experienced personal injury lawyer in Alberta: The value that an experienced and dedicated personal injury lawyer can bring to your case cannot be overestimated. An experienced personal injury lawyer will assist you with putting the relevant evidence in your case together. Your experienced personal injury lawyer will also refer you to independent medical examinations that will form the basis of the case that you present to the insurance company. Note that the medical expert retained by your experienced personal injury lawyer may be compelled to give expert evidence at a personal injury trial, in the event that your case ends up in a court trial. So, it is important for your personal injury lawyer to retain medical experts that have a reputation for providing fair and unbiased assessment of personal injuries. It is also important for the medical expert to be experienced with giving evidence in court. These are just a few valuable benefits of hiring an experienced personal injury lawyer to assist you with your case.
Keep Your Lawyer Informed Throughout the Case
Keep your lawyer informed: Closely related to the point above about hiring a lawyer is keeping your lawyer in the loop regarding your ongoing issues throughout the duration of the case. It is one thing to hire a lawyer, it another thing to keep them informed regarding the ongoing issues you may be having in your personal injury case. It is important to let your client know if you have been involved in a subsequent accident and how your treatments are progressing. If your treatments are not helping you, it is important to let your lawyer know so that they can build this information in your case and it would also assist in the letter of instruction that your lawyer provides to the medical expert in your case. At Watchmaker Law, we work really hard to stay in touch with our clients to make sure that we are well aware of all issues that have arisen since the initial consultation. It is not unusual to get a call from one of our legal professionals just calling to check in to see how things are going with your case.
Maximize Your Section B Claim for Greater Case Value
Ensure your Accident Benefits claim (Section B) is maximized: This ranks at the very top of the list of things to do to maximum your personal injury settlement in Alberta. If there is one thing you take away from this blog, remember that what happens with your Section B claim absolutely matters. One of the key distinguishing features of our approach to personal injury claims at Watchmaker Injury Law is that we are actively involved with your accident benefits claims as well. Just to be clear, Section B is your injury and disability claims under your own SPF1 motor vehicle insurance policy. I use my experience in the insurance industry and legal experience in the area of personal injury to intervene in this Accident Benefits claim. Many other lawyers do not get involved in these Section B claims simply because they regard it as unpaid work, since their compensation comes from the settlement obtained from the other driver’s insurance company. This misses the point of claim maximization completely, as the insurance company representing the at-fault driver will always review the section B file while assessing your claim. If your section B file is only 2 pages because you didn’t go for treatments or because your insurance company terminated your benefits prematurely, your claim is significantly weaker and you will get less than what it is worth potentially.
Be Honest About Your Symptoms to Protect Your Case’s Value
Avoid exaggerating or downplaying your symptoms: in my previous blog here, I cautioned readers against downplaying or exaggerating their symptoms. People who lose in personal injury cases in Alberta, do one of these two things: they either blow their symptoms out of proportion or they downplay. There is really no reason to do either. Simply present your symptoms to all interested parties as you feel and see them. Be honest with your medical providers and present your symptoms to them without embellishment. Trust that the law will adequately take your facts (as they are) into account and your compensation will reflect your pain and suffering.
Report Employment and Disability Issues to Increase Case Value
Make note of your employment issues and disability: Make note and inform your doctor of employment difficulties you may be experiencing. In many instances, you may return to work after a motor vehicle accident, but you may not be able to perform your required work duties, the same way that you perform them before the motor vehicle accident. Your lawyer will use this information to build up a claim for loss of earning capacity and past loss of income. When it is comes to documenting your disability after sustaining personal injuries from a motor vehicle accident in Alberta, assume all information is important. Your experienced personal injury lawyer will then use the information that they believe is relevant to help with your case.
Negotiate With Your Future in Mind
Now, once you get to the point where you have followed all the advice noted above, your experienced personal injury lawyer may start to make attempts to negotiate a settlement for you. You will need to give your lawyer instructions throughout the negotiation process. Remember to always negotiate with a mind on your future. Remember that personal injury claim settlement is a one and done event. Once you accept an offer, it is over and done with forever. Injury cases may leave you with long lasting issues, so always negotiate with your mind on the future. Ask for future costs of care, future loss of income and earnings, and ensure that your personal injury lawyer is aware of future retraining and educational plans you may have. Avoid the urge to accept the first offer that may seem high when it probably isn’t. Here is where your personal injury lawyer’s guidance could be critical to how your case ends up.
This list is certainly not exhaustive, there are more steps that you can take to ensure you maximise your personal injury claim after a motor vehicle accident case. Contact our legal team at Watchmaker Law for your free consultation.
Contact Watchmaker Law for a Free Consultation
At Watchmaker Injury Law, we understand the complexities of personal injury claims and have years of experience helping clients maximize the value of their cases. Don’t leave your settlement to chance—our dedicated team led by David Sowemimo, will guide you through every step, from preserving critical evidence to negotiating a fair and comprehensive settlement.
If you’ve been injured in a motor vehicle accident, now is the time to act. Contact us for a free consultation and let us put our expertise to work, ensuring you receive the full compensation your case is worth. Call Watchmaker Injury Law today!
