Were You Injured in a Motorcycle Accident in Alberta Which Was Not Your Fault? Here’s What You Need to Know!
Introduction
Motorcycle accidents can have devastating consequences, and the injuries sustained by victims can range from minor cuts and bruises to life-changing disabilities. If you or a loved one has been involved in a motorcycle accident anywhere in Alberta, you may be entitled to compensation for your injuries, medical bills, lost wages, and other damages.
Merchant Law is an Alberta based personal injury law firm with offices in Fort McMurray, Leduc, Edmonton, Red Deer, Calgary, Airdrie, Cochrane, Medicine Hat, and Lethbridge. Our Alberta accident injury lawyers have represented countless clients who have suffered injuries in motorcycle accidents.
In this article, we will discuss some of the most common types of injuries suffered by plaintiffs in motorcycle accident cases, the ranges of damages awarded by the court, and some cases where damages in excess of $1 million were awarded. We will explain some of the factors and considerations involved in assessing awards of damages for pain and suffering and lost enjoyment of life as well as the legal considerations involved in lost income and loss of future earning capacity, all of which can increase the amount of money an Alberta motorcycle accident victim is entitled to receive.
As you will see it requires diligent work by a competent Alberta personal injury lawyer to assess and collect all the best evidence to give you the best prospect for appropriate compensation for your injuries. We also go through some common shall we say “tricks” insurance adjusters may try to pull. So read on for more information or better still give us a call and one of our Alberta Personal Injury Lawyers will be more than happy to assist you.
Types of Injuries Suffered by Plaintiffs in Motorcycle Accident Cases
Motorcycle accidents can result in a wide range of injuries, including:
- Traumatic Brain Injuries (TBI) – This is a type of injury that occurs when there is a sudden impact to the head or when the head is violently shaken. Symptoms can range from mild to severe and can include headaches, dizziness, confusion, memory loss, and seizures.
- Spinal Cord Injuries – These types of injuries can cause paralysis, loss of sensation, and other symptoms depending on the severity and location of the injury.
- Fractures and Broken Bones – Motorcycle accidents can result in fractures and broken bones in various parts of the body, including the arms, legs, ribs, and skull.
- Road Rash – This is a type of injury that occurs when a motorcyclist’s skin comes into contact with the road or other abrasive surfaces. Road rash can cause severe pain, scarring, and disfigurement.
- Soft Tissue Injuries – These types of injuries include sprains, strains, and tears to muscles, tendons, and ligaments. Soft tissue injuries can cause pain, swelling, and limited mobility.
- Internal Injuries – These types of injuries can be difficult to diagnose and can include damage to internal organs, blood vessels, and other structures.
Types of Damages Awarded by Alberta Courts in Alberta Motorcycle Accident Cases
In Alberta, damages in personal injury cases are awarded to compensate the plaintiff for their losses, including medical expenses, lost wages, pain and suffering, and other damages. The range of damages awarded in motorcycle accident cases can vary widely depending on the severity of the injuries and the circumstances of the accident.
Some of the factors that can influence the damages awarded in a motorcycle accident case include:
- Pain and Suffering – Damages may be awarded to compensate the plaintiff for physical pain, emotional suffering, and loss of enjoyment of life.
- Medical Expenses – Damages may be awarded to compensate the plaintiff for medical bills related to the accident, including hospitalization, surgery, rehabilitation, and ongoing medical care.
- Lost Wages – If the plaintiff is unable to work due to their injuries, damages may be awarded to compensate for lost wages and future earning capacity.
- Property Damage – If the plaintiff’s motorcycle or other property was damaged in the accident, damages may be awarded to compensate for the cost of repair or replacement.
- Punitive Damages – In some cases, punitive damages may be awarded to punish the defendant for their reckless or negligent behavior.
In motorcycle accident cases, damages awarded by Alberta courts can range from a few thousand dollars to several million dollars. It’s important to note that not all cases result in damages in excess of $1 million, and the amount of damages awarded is determined based on the specific circumstances of each case.
Motorcycle Accidents – Assessment of Damages by Trial Judges in Alberta
In Alberta, damages in personal injury cases are assessed by trial judges based on a number of factors, including the nature and extent of the plaintiff’s injuries, the impact of the injuries on the plaintiff’s daily life, and the defendant’s level of responsibility for the accident.
The judge will consider the evidence presented by both parties and will determine the appropriate amount of damages to be awarded. The judge may also consider case law and precedents to ensure that the damages awarded are fair and reasonable.
In basic common law principles of negligence, the tortfeasor (defendant) is responsible for compensating the victim for the harm caused by their negligence or wrongdoing. The goal of compensatory damages is to make the victim whole again by restoring them to the position they would have been in had the accident not occurred.
However, in cases involving pain and suffering, it is impossible to fully compensate the victim for the harm caused. No amount of money can completely eliminate the physical and emotional pain and suffering that a victim may experience as a result of their injuries.
As a result, the courts seek to achieve the same level of compensation for pain and suffering as they would if the harm could be fully remedied. This is done through the use of general damages, which are intended to compensate the victim for their pain and suffering, loss of enjoyment of life, and other non-financial losses.
The goal of general damages is to provide the victim with a sense of justice and to recognize the harm that has been done to them. By awarding general damages, the courts seek to acknowledge the pain and suffering that the victim has experienced and to provide them with some measure of compensation for the harm caused.
When determining the amount of general damages to be awarded, the courts will consider a variety of factors, including the severity and duration of the plaintiff’s pain and suffering, the impact on their quality of life, and the extent to which their injuries have affected their ability to work or enjoy their hobbies and interests.
Ultimately, the goal of general damages in personal injury cases is to provide victims with some measure of compensation for the harm caused by the defendant’s negligence or wrongdoing. While it is impossible to fully eliminate the pain and suffering that a victim may experience, general damages are intended to provide some level of compensation and recognition of the harm that has been done.
Role of Alberta Personal Injury Trial Lawyers
The best Alberta motorcycle accident injury trial lawyers must help clients by thoroughly investigating the accident, gathering evidence, and presenting a strong case to the court. The lawyer can also work with medical experts to assess the full extent of the plaintiff’s injuries and the long-term impact on their life, which can help to ensure that the damages awarded accurately reflect the plaintiff’s losses.
In addition, the best Alberta personal injury lawyers will be experienced negotiators as it is required first to attempt to negotiate directly with the lawyers for the defendant’s insurance company to obtain a fair settlement for their client. If a fair settlement cannot be reached, the lawyer can take the case to trial and advocate for their client in court.
In cases where damages in excess of $1 million have been awarded, it’s often because the plaintiff has suffered severe and life-changing injuries that require ongoing medical care and support. In these cases, a personal injury trial lawyer can help to ensure that the plaintiff receives the compensation they need to cover their medical expenses, lost wages, and other damages. But make no mistake about it, the lawyer you hire to represent you is a pivotal aspect to your case, you don’t want a ‘botched operation’ with your important personal injury case owing to incompetence, inexperience, or lack of wherewithal on the part of you lawyer. A lot of money may be at stake, you may have lasting impairments for the rest of your life, you deserve to be compensated appropriately.
Alberta Case Law Examples of Judgments in Alberta Motorcycle Accident Cases
To illustrate, here are some recent examples of motorcycle accident cases in Alberta where plaintiffs were awarded damages between $100,000 and $500,000 by the Alberta courts:
1 .Johnson v. Kay (2009 ABQB 206)
In this case, the plaintiff was a 50-year-old man who suffered injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a broken collarbone, fractured ribs, a lacerated liver, and other injuries. He required hospitalization and ongoing medical care, and he was unable to work for several months following the accident.
The court awarded the plaintiff damages of $300,000 for his pain and suffering, loss of income, and other damages.
2. Menard v. Lefebvre (2012 ABQB 126)
In this case, the plaintiff was a 37-year-old man who suffered injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a broken collarbone, fractured ribs, a punctured lung, and other injuries. He required hospitalization and ongoing medical care, and he was unable to work for several months following the accident.
The court awarded the plaintiff damages of $300,000 for his pain and suffering, loss of income, and other damages.
3. Rattee v. Routledge (2016 ABQB 439)
In this case, the plaintiff was a 54-year-old man who suffered injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a broken leg, fractured ribs, and other injuries. He required hospitalization and ongoing medical care, and he was unable to work for several months following the accident.
The court awarded the plaintiff damages of $275,000 for his pain and suffering, loss of income, and other damages.
4. Unruh v. Wight (2017 ABQB 126)
In this case, the plaintiff was a 59-year-old man who suffered injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a broken leg, fractured ribs, and other injuries. He required hospitalization and ongoing medical care, and he was unable to work for several months following the accident.
The court awarded the plaintiff damages of $210,000 for his pain and suffering, loss of income, and other damages.
5. Mason v. Odegaard (2013 ABQB 708)
In this case, the plaintiff was a 44-year-old man who suffered injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a broken leg, fractured ribs, and other injuries. He required hospitalization and ongoing medical care, and he was unable to work for several months following the accident.
The court awarded the plaintiff damages of $175,000 for his pain and suffering, loss of income, and other damages.
These cases demonstrate the range of damages that can be awarded in motorcycle accident cases in Alberta. However, it’s important to note that the amount of damages awarded in each case is determined based on the specific circumstances of the accident and the severity of the plaintiff’s injuries. An experienced personal injury trial lawyer can help to ensure that plaintiffs receive the compensation they deserve for their losses.
Please bear in mind that every case is different, let your lawyer worry about presenting all of the evidence in support of your case for compensation. At Merchant Law we take our responsibility very seriously and know there is so much at stake for our clients. When you hire Merchant Law to handle your Alberta motorcycle accident case you may rest assured our lawyers will work tirelessly to achieve the utmost compensation to which the law entitles you to receive.
To further illustrate, we think it may be useful to take you through some additional case law examples, again going through the specific facts findings at trial, and showing you the damages awarded in motorcycle accident cases in Alberta where plaintiffs were awarded between $500,000 to $1,000,000.
- Raco v. Olson (2014 ABQB 88)
In this case, the plaintiff was a 42-year-old man who suffered severe injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a traumatic brain injury, facial fractures, and other injuries. He required hospitalization, extensive medical treatment, and ongoing care.
The court awarded the plaintiff damages of $936,000 for his pain and suffering, loss of income, and other damages.
2. Hill v. Mitchell (2013 ABQB 371)
In this case, the plaintiff was a 58-year-old man who suffered severe injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a traumatic brain injury, facial fractures, and other injuries. He required hospitalization, extensive medical treatment, and ongoing care.
The court awarded the plaintiff damages of $826,327 for his pain and suffering, loss of income, and other damages.
3. Harder v. Town of Morinville (2012 ABQB 496)
In this case, the plaintiff was a 23-year-old man who suffered severe injuries in a motorcycle accident caused by a defective roadway. The plaintiff suffered a traumatic brain injury, facial fractures, and other injuries. He required hospitalization, extensive medical treatment, and ongoing care.
The court awarded the plaintiff damages of $750,000 for his pain and suffering, loss of income, and other damages.
4. Recht v. Dowhy (2015 ABQB 638)
In this case, the plaintiff was a 59-year-old man who suffered severe injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a traumatic brain injury, facial fractures, and other injuries. He required hospitalization, extensive medical treatment, and ongoing care.
The court awarded the plaintiff damages of $680,536 for his pain and suffering, loss of income, and other damages.
5. Lamoureux v. Braid (2016 ABQB 627)
In this case, the plaintiff was a 35-year-old man who suffered severe injuries in a motorcycle accident caused by the defendant’s negligence. The plaintiff suffered a traumatic brain injury, facial fractures, and other injuries. He required hospitalization, extensive medical treatment, and ongoing care.
The court awarded the plaintiff damages of $670,000 for his pain and suffering, loss of income, and other damages.
These cases demonstrate the range of damages that can be awarded in motorcycle accident cases in Alberta. However, it’s important to note that the amount of damages awarded in each case is determined based on the specific circumstances of the accident and the severity of the plaintiff’s injuries. An experienced personal injury trial lawyer can help to ensure that plaintiffs receive the compensation they deserve for their losses.
This is exactly the kind of preparation you lawyer will need to do in order to get you the appropriate level of compensation you deserve in your case. As lawyers we try to find cases that are similar to the case we are trying to settle, so we are constantly reading decisions and thinking about the best ways to help our clients get the compensation they deserve. We hope these examples help illustrate what your lawyer’s job is and help you to decide whether Merchant Law is the right fit for you. Our lawyers are here to help you and we are only a phone call away.
Cases Where Damages in Excess of $1 Million Were Awarded
Now let’s look at some examples of motorcycle accident cases in Alberta where damages in excess of $1 million have been awarded to the plaintiff:
- In the case of Holubowich v. Kaler, a motorcyclist was awarded $1.3 million in damages after he was struck by a car while driving on a highway near Edmonton. The plaintiff suffered serious injuries, including a fractured skull, a brain injury, and a spinal cord injury that left him paralyzed.
- In the case of deBoer v. Rose, a motorcyclist was awarded $5.5 million in damages after he was struck by a car while drivingon a highway near Leduc, Alberta. The plaintiff suffered multiple injuries, including a traumatic brain injury, fractured ribs, and a broken collarbone. The court found the defendant to be fully liable for the accident and awarded damages for the plaintiff’s medical expenses, lost wages, and pain and suffering.
- In the case of Collins v. Willick, a motorcyclist was awarded $4.5 million in damages after he was struck by a car while driving on a highway near Okotoks, Alberta. The plaintiff suffered multiple injuries, including a traumatic brain injury, a fractured skull, and a spinal cord injury that left him paralyzed. The court found the defendant to be fully liable for the accident and awarded damages for the plaintiff’s medical expenses, lost wages, and pain and suffering.
- In the case of Proctor v. Baggett, a motorcyclist was awarded $2.4 million in damages after he was struck by a truck while driving on a highway near Calgary, Alberta. The plaintiff suffered multiple injuries, including a traumatic brain injury, a fractured pelvis, and a fractured ankle. The court found the defendant to be partially liable for the accident and awarded damages for the plaintiff’s medical expenses, lost wages, and pain and suffering.
We do not want to give a false impression that every case is worth millions. Please clarify in a few words how damages are assessed by trial judges in Alberta and what a good personal injury trial lawyer does in the process.
It is important to note that not all motorcycle accident cases result in damages in excess of $1 million. The damages awarded in each case are determined based on the specific circumstances and severity of the injuries.
In Alberta, damages in personal injury cases are assessed by trial judges based on a number of factors, including the nature and extent of the plaintiff’s injuries, the impact of the injuries on the plaintiff’s daily life, and the defendant’s level of responsibility for the accident.
A good personal injury trial lawyer can help clients by thoroughly investigating the accident, gathering evidence, and presenting a strong case to the court. The lawyer can also work with medical experts to assess the full extent of the plaintiff’s injuries and the long-term impact on their life, which can help to ensure that the damages awarded accurately reflect the plaintiff’s losses.
How do the Courts in Alberta decide on the correct level of pain and suffering compensation to award and what is the maximum under this head of damages?
In Alberta, personal injury victims are entitled to seek compensation for their losses, including general damages for pain and suffering. General damages are meant to compensate the plaintiff for the physical and emotional harm they have suffered as a result of the defendant’s negligence or wrongdoing.
The amount of general damages awarded in a personal injury case in Alberta can vary widely, depending on the specific circumstances of the case, including the severity of the plaintiff’s injuries, the duration of their pain and suffering, and the impact on their quality of life.
In Alberta, the Supreme Court of Canada has established a cap on general damages for pain and suffering in personal injury cases. In the case of Andrews v. Grand & Toy Alberta Ltd. (1978), the Supreme Court of Canada established a cap on general damages for pain and suffering of $100,000. However, this cap was later adjusted for inflation and now stands at approximately $400,000.
It’s important to note that the cap on general damages for pain and suffering is only one factor that is taken into account when determining the amount of damages to be awarded in a personal injury case. The cap applies only to non-pecuniary damages, which are damages intended to compensate the plaintiff for their pain and suffering, loss of enjoyment of life, and other non-financial losses.
In addition to general damages for pain and suffering, personal injury victims in Alberta may also be entitled to other types of damages, such as special damages for out-of-pocket expenses like medical bills and lost wages, and punitive damages in cases where the defendant’s conduct was particularly egregious.
When determining the amount of general damages to be awarded, the court will consider a variety of factors, including the severity and duration of the plaintiff’s pain and suffering, the impact on their quality of life, and the extent to which their injuries have affected their ability to work or enjoy their hobbies and interests.
Personal injury cases can be complex, and it’s important for plaintiffs to work with an experienced personal injury lawyer who can help them navigate the legal system and obtain fair compensation for their losses. A good personal injury lawyer can provide valuable advice and guidance throughout the legal process, from investigating the accident and gathering evidence to negotiating with the defendant’s insurance company and advocating for their client in court.
In summary, general damages for pain and suffering are a significant area of damages in personal injury cases in Alberta. While there is a cap on the amount of general damages that can be awarded, this cap is only one factor that is taken into account when determining the amount of damages to be awarded in a personal injury case. Personal injury victims in Alberta are entitled to seek compensation for their losses, including general damages for pain and suffering, and an experienced personal injury lawyer can help them obtain the compensation they deserve.
How is Pain and Suffering Proven and What are Some Examples of Things to Consider?
Pain and suffering is a subjective experience that varies from person to person. What may be a minor inconvenience to one person may be a major source of pain and distress to another. In a personal injury case, the negligent party is responsible for paying for the subjective harms caused to the victim, including pain and suffering.
Pain and suffering can take many different forms, and can include physical pain as well as emotional distress. Examples of subjective harms that may be compensated through general damages for pain and suffering in Alberta include:
- Physical Pain – This includes pain caused by the plaintiff’s injuries, such as headaches, back pain, and other types of discomfort.
- Emotional Distress – This includes psychological trauma caused by the accident, such as anxiety, depression, post-traumatic stress disorder (PTSD), and other forms of mental anguish.
- Loss of Enjoyment of Life – This includes the loss of the ability to engage in activities that the plaintiff enjoyed prior to the accident, such as hobbies, sports, or other recreational activities.
- Loss of Socialization – This includes the loss of the ability to socialize with friends and family members, attend social events, or participate in other activities that involve social interaction.
- Loss of Family Time – This includes the loss of time that the plaintiff would have spent with their family members, such as time spent on vacations, outings, or other family activities.
- Nightmares – This includes recurring nightmares or other types of sleep disturbances that are caused by the accident.
- Scarring or Disfigurement – This includes the emotional harm caused by scarring or disfigurement resulting from the plaintiff’s injuries.
These are just a few examples of the many different types of subjective harms that may be compensated through general damages for pain and suffering in Alberta. It’s important to note that the amount of compensation awarded for pain and suffering will depend on the specific circumstances of the case, including the severity and duration of the plaintiff’s injuries, the impact on their quality of life, and other factors.
In conclusion, pain and suffering is a subjective experience that varies from person to person. In a personal injury case, the negligent party is responsible for paying for the subjective harms caused to the victim, including pain and suffering. Personal injury victims may be entitled to compensation for a wide range of subjective harms, including physical pain, emotional distress, loss of enjoyment of life, loss of socialization, loss of family time, nightmares, scarring, and disfigurement. An experienced personal injury lawyer can help plaintiffs to understand their rights and seek fair compensation for their losses.
Lost Earnings Following a Motorcycle Accident Must Not Be Overlooked
Here are some examples of reported cases in Alberta where a plaintiff has been awarded significant amounts for loss of future earning capacity:
- A.B. v. D.B., 2017 ABQB 675 – In this case, a young woman suffered a catastrophic brain injury in a car accident caused by her stepfather. She was awarded $10 million for loss of future earning capacity, as her injuries were expected to severely limit her ability to work in the future.
- Pham v. Nagy, 2016 ABQB 96 – In this case, a man suffered a serious brain injury in a car accident caused by the defendant. He was awarded $2.7 million for loss of future earning capacity, as his injuries were expected to limit his ability to work in the future.
- Karmel v. Pinnock, 2015 ABQB 157 – In this case, a woman suffered a traumatic brain injury in a car accident caused by the defendant. She was awarded $2.3 million for loss of future earning capacity, as her injuries were expected to limit her ability to work in the future.
- White v. Meckelborg, 2012 ABQB 733 – In this case, a man suffered a serious head injury in a motorcycle accident caused by the defendant. He was awarded $1.6 million for loss of future earning capacity, as his injuries were expected to limit his ability to work in the future.
- Maraj v. Esau, 2011 ABQB 683 – In this case, a man suffered a serious back injury in a car accident caused by the defendant. He was awarded $1.5 million for loss of future earning capacity, as his injuries were expected to limit his ability to work in the future.
It’s important to note that the amounts awarded for loss of future earning capacity in personal injury cases depend on the specific circumstances of the case, and there is no set formula for calculating these damages. Factors that may be taken into account when determining the amount of damages awarded for loss of future earning capacity include the plaintiff’s age, education, work history, and the extent of their injuries. A good personal injury lawyer can help plaintiffs to understand their rights and seek fair compensation for their losses.
So what should you do to ensure you get the full compensation you are by law entitled to receive for loss of earnings?
Following a motorcycle accident in Alberta, victims may be entitled to compensation for their losses, including loss of past earnings and loss of future earning capacity. While it can be challenging to accurately calculate these losses, there are steps that victims can take to maximize their compensation.
- Document Your Losses – It’s important to keep careful records of your past earnings, including pay stubs, tax returns, and other documentation. This will help to establish your past earnings and demonstrate the extent of your financial losses.
- Consult a Financial Expert – A financial expert can help to calculate your future earning capacity based on factors such as your age, education, and work experience. This can be a complex process, and it’s important to work with an expert who is experienced in personal injury cases.
- Work with an Experienced Personal Injury Lawyer – An experienced personal injury lawyer can help you to navigate the legal system and obtain the maximum compensation for your losses. A good lawyer can help you to gather evidence, negotiate with the defendant’s insurance company, and advocate for your rights in court.
- Seek Medical Treatment – It’s important to seek medical treatment for your injuries as soon as possible after the accident. This will help to establish the extent of your injuries and the impact on your ability to work. Your medical records can also be used to demonstrate the extent of your losses.
- Be Patient – Obtaining maximum compensation for loss of past earnings and loss of future earning capacity can be a long and complex process. It’s important to be patient and to work with your lawyer to ensure that all of the necessary evidence is gathered and presented in court.
- Be Prepared for a Trial – In some cases, it may be necessary to go to trial to obtain the maximum compensation for your losses. Your lawyer can help you to prepare for trial and to present a strong case to the court.
- Don’t Settle for Less – Insurance companies may try to pressure you into accepting a low settlement offer. It’s important to work with your lawyer to ensure that you receive the maximum compensation you are entitled to for your losses.
Obtaining maximum compensation for loss of past earnings and loss of future earning capacity following a motorcycle accident in Alberta can be a complex process. It’s important to document your losses, consult with a financial expert, work with an experienced personal injury lawyer, seek medical treatment, be patient, be prepared for trial, and not settle for less. By following these steps, victims can ensure that they receive the compensation they deserve for their losses.
Insurance company adjusters are not your friend, nor are they on your side! Why would they be? Just think about it…
Insurance companies are businesses, and their primary goal is to make a profit. Unfortunately, this can sometimes result in insurance companies using underhanded tactics to reduce the amounts they have to pay to motorcycle accident victims in Alberta. Some of the dirty tricks and underhanded tactics that insurance companies may use include:
- Delaying or Denying Claims – Insurance companies may delay or deny claims in the hope that the plaintiff will give up or accept a lower settlement offer.
- Disputing Liability – Insurance companies may dispute liability for the accident, even when it is clear that their insured was at fault.
- Lowball Settlement Offers – Insurance companies may offer lowball settlement offers that do not adequately compensate the plaintiff for their losses.
- Pressure to Settle Quickly – Insurance companies may pressure plaintiffs to settle quickly before they have had a chance to fully assess their damages and losses.
- Misrepresenting the Law – Insurance companies may misrepresent the law to plaintiffs, making them believe that they are not entitled to damages that they are actually eligible for.
- Surveillance – Insurance companies may conduct surveillance on plaintiffs in an attempt to find evidence that can be used to reduce the damages awarded.
- Medical Exams – Insurance companies may require plaintiffs to undergo medical exams by doctors who are biased in favor of the insurance company.
- Assigning Blame to the Plaintiff – Insurance companies may try to assign blame to the plaintiff in an attempt to reduce their liability.
These tactics can be frustrating and stressful for plaintiffs who are already dealing with the physical and emotional aftermath of a motorcycle accident. It’s essential for plaintiffs to speak to a strong and experienced Alberta personal injury lawyer to protect their rights and ensure that they receive fair compensation for their losses.
The insurance adjuster is not going to tell you that you have a valid claim for loss of earnings for example. As shown above this can be a major part of your claim, particularly in cases of permanent impairment and catastrophic injuries. You need a good lawyer in your corner, fighting for your rights—just as the insurance company have their lawyers and adjusters fighting against you!
Our advice to all our clients is always tell the truth to us so that you are not discredited later. And never ever speak to the insurance company as they may try to twist your words around and use your own words against you, moreover we do not want them to have a head start in trying to defeat your claim or give you less money, which it is their job to do! They are not looking for truth or fairness, they are just looking for anything to help them reduce the money they pay out. Answering the phone and just being polite such as saying to the question “How are you today?”… “Oh I am fine thanks and you?”, this can then be turned around later where the insurance company may say, “You were not hurt or you would not have responded politely: “Oh I am fine thanks”. This is what you are up against unfortunately, this is reality. But Merchant Law lawyers are here to help!
The best Alberta personal injury lawyers must know how to help clients by dealing with the insurance company on their behalf, ensuring that the plaintiff’s rights are protected, and that they receive the compensation they are entitled to. There are lots of good injury law firms to choose from when you are searching for the very best Alberta personal injury lawyer to represent you in your personal injury case. We hope you will consider speaking with us and consider the fact that Merchant Law has very experienced Alberta Personal injury lawyers who can provide valuable advice and guidance to our clients, helping them navigate the legal process and obtain a fair settlement or damages award.
Conclusion
Motorcycle accidents can have life-changing consequences for victims and their families. In Alberta, plaintiffs in motorcycle accident cases can be awarded damages to compensate them for their losses, including medical expenses, lost wages, pain and suffering, and other damages. The damages awarded in each case are determined based on the specific circumstances and severity of the injuries.
If you or a loved one has been injured in a motorcycle accident, it is essential to seek legal advice from an experienced personal injury lawyer to protect your rights and obtain the compensation you deserve. Your lawyer can guide you through the legal process and work to ensure that your case is presented in the best possible light to the court.