Injury Claims

[iggyformayor]

Hey Everyone,

Myself, my wife and my sister in law were involved in a car accident on Monday night and are all in fairly rought shape (severe whiplash, incredibly sore and painful backs, bruising, etc.) and I'm wondering if any of you have experience with injury claims and settlements which resulted from a car accident?

Everything has been filed with our insurance company and we are taking steps for all of us to receive treatment, but any input on how the process goes and your experiences with it would be greatly appreciated.

Thanks a lot.

[undercoverbrother]

whatever happens make sure you follow all advice given on the internet.

[CaptainCrunch]

I don't know if any of our local lawyers are personal injury types.

But if you do have severe injuries that are preventing you from working for example, you might want to contact a attorney and find out what needs to be done before you sign anything.

[troutman]

PM sent

[iggyformayor]

Originally Posted by undercoverbrother

whatever happens make sure you follow all advice given on the internet.

I wouldn't say that I'm asking for advice as much as I am for personal experience from people who have dealt with this before. Thanks for the snide remark though, it was really helpful.

[CaptainCrunch]

You got a pm from Troutman, in legal circles he's called the Hammer for a reason.

[Northendzone]

here was my expereince - the kids and i were rear ended last year. none of us were seriously hurt and I reported the accident to my insurance company and later that day we went to visit the chiro. The kids went for one treatment/exam and i went for a couple of chiro and massage therapy treatments.

chiro and massage treatments were directly billed to the insurance company. several months later the insurance company offered me some money for my pain and suffering - even though it was likely a low ball offer, it was hard to justify asking for more as we missed a half day of work and school.

obviously your situation sounds more severe than mine was. Hopefully everyone in your vehicle recovers.

[troutman]

^^^

Be careful with that - some injuries manifest long after the accident. Never hurts to get a free legal consultation.

[blankall]

I do a lot of PI, but in BC, so I can't help you with your case. I can tell you one thing though, once you get injured the insurance company no longer becomes you friend. They want to settle a personal injury claim as fast and with as little fuss as possible. They aren't concerned with your situation beyond. They only care about their own numbers.

I would take Troutman's advice about the injury. You never know how it will affect you in the long run.

With the exception of very small and short term injuries, I would always get a lawyer. Personal injury lawyers will always give you a free consultation. The usual arrangement is to take a percentage of what they settle for. Even after the lawyer's cut, you will most likely walk away with more than if you'd negotiated on your own.

[undercoverbrother]

Originally Posted by blankall

I do a lot of PI, but in BC, so I can't help you with your case. I can tell you one thing though, once you get injured the insurance company no longer becomes you friend. They want to settle a personal injury claim as fast and with as little fuss as possible. They aren't concerned with your situation beyond. They only care about their own numbers.

I would take Troutman's advice about the injury. You never know how it will affect you in the long run.

With the exception of very small and short term injuries, I would always get a lawyer. Personal injury lawyers will always give you a free consultation. The usual arrangement is to take a percentage of what they settle for. Even after the lawyer's cut, you will most likely walk away with more than if you'd negotiated on your own.

I know you said you are a BC lawyer, so if this is an unfair question for you please say so....but do you believe this to be true with the legislation here in Alberta? The settlement you get in your pocket will be great with a lawyer?

[VladtheImpaler]

Originally Posted by undercoverbrother

I know you said you are a BC lawyer, so if this is an unfair question for you please say so....but do you believe this to be true with the legislation here in Alberta? The settlement you get in your pocket will be great with a lawyer?

Since I am in Alberta, I'll jump in. The answer, as always in these cases, is "it depends". For a small claim, it really depends on how cheap the insurance company is - you often net more with a lawyer, even after the fees. I'll echo what blankall said - whether it's your insurance or the other guy's, their job is to get rid of you as quickly and as cheaply as possible...

[undercoverbrother]

Originally Posted by VladtheImpaler

Since I am in Alberta, I'll jump in. The answer, as always in these cases, is "it depends". For a small claim, it really depends on how cheap the insurance company is - you often net more with a lawyer, even after the fees. I'll echo what blankall said - whether it's your insurance or the other guy's, their job is to get rid of you as quickly and as cheaply as possible...

Thanks, my basic understanding of the legislation is that if your injury (pre-whenever it changed) was worth more than the $4000 (or whatever it is) then you get that figure by default.

Is that not correct?

[blankall]

Originally Posted by undercoverbrother

I know you said you are a BC lawyer, so if this is an unfair question for you please say so....but do you believe this to be true with the legislation here in Alberta? The settlement you get in your pocket will be great with a lawyer?

Never actually worked in Alberta. Things are considerably different with no fault insurance. The major thing is the cap on what are called "minor injuries". I have no idea what the makes an injury more than "minor" in Alberta. Based on what I have read from the Alberta government website, there is a reassessment process that begins after 12 weeks.

Either way it can't hurt to consult a lawyer. My guess is they won't even take your case if it falls under the "minor injury" class. In the event that it is more than a minor injury, you are much better off with representation.

I have no idea whether there is any flexibility in the "minor injury" cap amounts. A local lawyer will be able to discuss that with you too.

[CaptainCrunch]

In this case it never hurts to be able to pull a lawyer out of your quiver when you're dealing with an insurance company. At the very least they can get things moving and probably shake loose a more realistic settlement.

[undercoverbrother]

Originally Posted by CaptainCrunch

In this case it never hurts to be able to pull a lawyer out of your quiver when you're dealing with an insurance company. At the very least they can get things moving and probably shake loose a more realistic settlement.

having been involved in litigation, the involvement of lawyers does not "get things moving" (no offence to any lawyers present).

[VladtheImpaler]

Originally Posted by undercoverbrother

Thanks, my basic understanding of the legislation is that if your injury (pre-whenever it changed) was worth more than the $4000 (or whatever it is) then you get that figure by default.

Is that not correct?

The "cap" is now $4,641 (for 2012 accidents) due to inflation adjustment. Theoretically, yes - your damages are calculated as before, but for "minor" injuries the award is "capped". It will be years of litigation before "minor" is defined conclusively. A major decision came down this year that confirmed that TMJ injuries, and perhaps, dental in general, are not "minor".

[CaptainCrunch]

Go to the salvation army store, they have surplus neck braces and crutches on sale. Then have everyone quit their job due to severe pain and post truamatic stress syndrome.

Find a doctor who will confirm your injuries for a cost and then start lining up witnesses.