What
should I do when I've been injured in a motor vehicle accident?
Get
names, addresses and phone numbers of all drivers, witnesses and
police officers involved. Obtain a copy of the police motor vehicle
accident report.
Seek medical advice.
Go to the hospital for a check up and see your family doctor
as soon as possible after the accident. Report all symptoms to
him or her. Continue with regular visits until you have recovered
completely. Follow your doctor's advice and that of any
other professionals you may be referred to.
In British Columbia,
report the accident to I.C.B.C.
In Alberta,
report the accident to your insurance company.
If possible, seek legal advice before reporting your claim.
Who can claim compensation
for personal injuries?
Every person in British
Columbia and Alberta
who has been injured as a result of a motor vehicle accident potentially
has a personal injury claim. This
applies to pedestrians and cyclists who are injured by automobiles,
as well as drivers and passengers who have been injured.
Do I have to prove
someone else at fault?
Yes. The law in British Columbia
and Alberta requires
that the injured person prove fault on the part of the other motorist. For example, if a pedestrian is run down in
a crosswalk then in all likelihood the party at fault is the driver
of the automobile. Similarly,
if a cyclist has been forced off the road by a car, then fault
would lie with the driver of that car.
Most automobile accidents involve two car collisions.
Usually, the driver of one of those cars is at fault.
The other driver and the occupants of both cars then have
a claim against the 'at fault' driver.
What the injured person
has to prove, then, is negligence on the part of the automobile
driver. Even if the injured person is himself partly
at fault, he can still successfully recover compensation from
the other driver. In law,
this concept is known as contributory negligence.
Are there time
limits in which I must bring a claim for compensation?
Yes. And you should get prompt legal advice concerning
time limits.
The
insurance company appoints an adjuster to deal with me - why do
I need a lawyer?
If you have been injured
as a result of some other motorist's fault, you have a claim against
that person's insurance. It
is the job of that insurance adjuster to put a dollar value on
the claim from the insurance company's point of view.
Know that the adjuster works for the insurance company,
not for you, no matter what he says.
The job of the MacIsaac
Group lawyer is to
- collect all the evidence concerning the automobile
accident;
- obtain the necessary medical information setting out
the type of injuries you have suffered from, the impact upon
your life from these injuries, and
- to obtain all the evidence concerning your wage loss,
both past and future.
Additionally, in many
cases where there are serious injuries, your lawyer's job includes
obtaining for you compensation for the future medical care needs
which you might require.
Finally, if your lawyer
cannot settle your claim on your behalf with I.C.B.C./the insurance
company or its lawyers, then it is the job of your lawyer to take
your case to court so you can obtain in court the judgment you
are entitled to according to law.
How long does an
insurance claim for personal injuries take?
The time required
to settle your claim with I.C.B.C./the insurance company or its
lawyers will depend on the type of injuries you have suffered,
the length of time it takes for you to recover from those injuries
- if in fact you do obtain full recovery - and the impact of those
injuries upon your life, both work and play. No claim should be settled until the medical
personnel involved have provided your lawyer with a clear assessment
of what the future holds with your injuries.
In cases where the injuries are not serious, and you have
made a quick recovery, your claim should be settled within six
months or so of the accident date. However, if your injuries are more serious and
if you are at risk of having permanent disability from those injuries,
a good rule of thumb is 24 months or so from the date of the accident
to the date of settlement (or trial if that is required).
This is one question which you should discuss with your
lawyer at the first office consultation.
What legal action
is involved in a claim for personal injuries?
There certainly are
cases involving claims for personal injuries where your lawyer
is able to settle your claim directly with I.C.B.C./the insurance
company's adjuster, without the need to commence a lawsuit.
In many other cases, however, your lawyer will find it
necessary to file papers and commence a lawsuit.
This does not mean that your case will in fact end up being
tried in a courtroom. Statistics tell us that of all of the personal
injury insurance claims filed in British
Columbia and Alberta,
only a tiny fraction actually get to trial.
The prosecution of
the lawsuit is your lawyer's responsibility.
He has the required skill to ensure that your case is prepared
in the proper legal manner for the possibility of a court case.
It is his job to file the necessary court papers, and obtain
the evidence supporting your claim.
This is what you are paying him for.
If your case does proceed to trial, it is his job to subpoena
the witnesses and present your case in court.
What can I claim
for?
An injured person
claims compensation for the injuries she suffered and the losses
which she has incurred as a result of those injuries.
Generally, most personal injury claims involve compensation
(money) for:
- the pain, suffering and loss of pleasure of life which
were caused by the physical injuries;
- your gross wage loss;
- full reimbursement to you of all the monies you have
had to pay out as a result of the injuries;
- all your future losses - which may be your future
wage losses or the cost of future care you are going to need
because of your injuries.
Further, you are entitled
to interest on some of the money which you will obtain in a settlement
or judgment. Your MacIsaac Group lawyer has the knowledge
necessary to obtain for you the full compensation you are entitled
to under these 'heads of damages'.
How do I pay my
lawyer, and how much do I pay him?
Lawyers cost money. In personal injury insurance claims, you have
the right to pay your lawyer on a 'contingency fee' basis. This is simply a percentage basis. If you recover nothing in your claim, you should
pay your lawyer nothing. Similarly,
if you are successful, and your lawyer recovers money for you
from I.C.B.C./the insurance company, then the amount you pay him
will be a percentage of that amount of money he recovers on your
behalf. Typically, contingency fees in British
Columbia and Alberta
range anywhere from 25 to 33 1/3 percent.
Discuss the question of legal fees with your lawyer on
the first visit to his office.
If you like, you can
pay your lawyer in the conventional way, that is on his hourly
rate. The choice is yours.
If you agree to pay
your lawyer on the 'contingency fee' basis, then all the expenses
which your lawyer will incur in the prosecution of your claim
- Court Registry fees, experts' reports, cost of medical reports
and the like - are financed by your MacIsaac Group law firm.
These expenses, known as "disbursements", in some cases
add up to thousands of dollars.
If you have hired
your lawyer on a 'contingency fee' basis, his fees are paid at
the time he collects your money from the insurance company, and
not before. If you hire
your lawyer on an hourly basis, then normally the lawyer would
send to you interim accounts for immediate payment. He may also request a retainer from you.
Why should I hire
a MacIsaac Group law firm to act on my behalf?
The
MacIsaac Group of Law Firms was founded in 1990, and expanded
rapidly, first in British Columbia and then into Alberta.
In personal injury insurance claims, your MacIsaac Group
lawyer has available to him the resources of experienced insurance
litigators, as well as professional backup and support, including
consultants and investigators. Your MacIsaac Group lawyers use a 'team approach'
in pursuing your personal injury insurance claim. With that, you can tap into the vast experience
available to them.
The lawyers of the
MacIsaac Group have acted for literally thousands of injured people
from all over North America who have been injured in traffic accidents. In British Columbia and Alberta, your MacIsaac
Group lawyers have well over 400 years of legal experience.
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