Every year, residents of Brooks, Alberta get into car or motorcycle accidents. These accidents can be life-altering, both physically and financially.
If you were caught up in one of them but were not at-fault for the collision then you are entitled to recover compensation for your losses. Yet the at-fault driver’s insurance company won’t just volunteer to pay a fair settlement. You’ll need help from an experienced personal injury lawyer to get the money you deserve.
Who should launch a personal injury lawsuit after a car or motorcycle accident?
Not everyone will need to launch a personal injury lawsuit. If your injuries are minor the other driver’s insurance company might offer you a fair settlement right away. You can have a lawyer evaluate the settlement to compare it to the costs of your medical bills and extent of your pain and suffering and other damages to consider whether the offer is sufficient. It is typical that insurance companies initially grossly undervalue claims and try to settle for far less than what you are entitled to receive by the fullest extent of the law.
If you were also negligent in your accident then it may not be worth it to pursue a case. If you were driving distracted or breaking traffic laws then you could lose a significant portion of any award thanks to Alberta’s comparative negligence laws.
The strongest personal injury cases come from people who were genuinely not at-fault for the accident, or who bore very little fault for it. They have significant injuries such that the other driver’s insurance company is likely to balk at paying the bill without significant incentive. It’s sad but true: the more severe your injuries the less likely the other insurance company is to do the right thing.
If you aren’t sure, it’s never a bad idea to check with a personal injury lawyer. Our lawyers will be happy to let you know if your case isn’t suitable for a lawsuit.
What should you do after a car or motorcycle case in Alberta?
The first thing you should do is get to safety and call 911. This is the law in Alberta and you can get into significant trouble if you do not involve the police.
The next thing you’ll want to do, if you can, is snap a photo of the other driver’s insurance information. You’ll also want to trade names and numbers with any witnesses, and then take as many photographs as you possibly can.
Watch what you say during this process. If you say things like “I’m okay,” then the other driver’s insurance could use this statement to downplay your injuries. If you apologize the other driver’s insurance company could try to use this as a statement of fault.
The most important thing you can do after your accident is get medical attention. For some drivers or riders with catastrophic injuries this will be all they’ll be capable of. Follow all doctor, nurse, and paramedic instructions. Failure to do so could muddy the waters of your car or motorcycle accident claim, making it unclear whether you exacerbated your own injuries by failing to take the appropriate steps.
Finally, it’s a good idea to call a lawyer as soon as you’re medically capable of doing so. Once you’re alert and aware enough to make some decisions, it’s time to start thinking about how you’re going to press your claim. Your lawyer can deal with the insurance companies on your behalf. You do not have to wait: you can involve a lawyer on the day of your accident if you want to. If your injuries are extreme, you’ll be very glad you did.
This is especially true if you were too injured at the time of the accident to do anything other than receive medical care. Your lawyer will need time to reconstruct the details of the accident and to locate the witness and insurance information you were unable to gather while you were hurt.
What makes Alberta motorcycle accident claims different?
Motorcycle accidents require more expertise from your lawyers than the average car accident case does. The injuries are typically far more extensive in a motorcycle case than they are in a car accident case. They can involve disfigurements, amputations, paraplegia, or quadriplegia. The settlements will need to be larger to give you what you need to live your life.
As mentioned, these extensive injuries will usually incentivize the other driver’s insurance company to fight harder. One way they’ll do this is by attempting to pin the entire blame for the accident on the rider’s shoulders, even though statistically the vast majority of motorcycle accidents are caused by passenger vehicles who make improper lane changes or left turns. They’re aided in this agenda by the sheer level of stigmatization that riders typically face.
Our lawyers have decades of experience handling cases like this. We can ensure that you get the compensation you deserve for your motorcycle accident case, including medical expenses Medicare won’t cover, long-term care expenses, and loss of earning capacity compensation.
How long will the car accident claims or motorcycle accident claims process take?
The process will typically take 18 to 24 months after the date you file your car accident or motorcycle accident claim. You have just two years after the date of the accident to file your claim. After that the statute of limitations runs out, and you may no longer do so.
There’s no advantage in waiting. The earlier you file your claim the stronger your case will be.
Get Help from Merchant Law Today
We have offices conveniently located in Edmonton, Red Deer, Calgary, Airdrie, and Cochrane. We also serve clients all across Alberta including Lethbridge, Fort McMurray, Medicine Hat, Grande Prairie, Spruce Grove, Lloydminster, Leduc, Okotoks, Fort Saskatchewan, Chestermere, Camrose, Beaumont, Stony Plain, Sylvan Lake, Brooks, Strathmore, High River, Canmore, Morinville, Whitecourt, Hinton, Olds, and Blackfalds.
We have decades of experience and are responsive, friendly, caring lawyers who know how to help you win your claim. We’re known as tough negotiators and savvy litigators who mean business.
Calling us to get a case review is 100% risk-free. We work on contingency, which means we don’t get paid until we bring your case to a successful conclusion.
Get started today by calling (403) 225-7777. We serve clients throughout Alberta.