Injured in an automobile or motorcycle accident? Our personal lawyers help people throughout Alberta. We can help you recover the compensation you deserve. We’ve helped thousands of clients recover millions of dollars.
How do you know you have a case? If you know the other driver was at fault and you’ve sustained severe injuries then you probably have a case. Don’t try to guess: just contact us for a case consultation. The earlier you involve one of our personal injury lawyers the more successful your case is likely to be.
Is personal injury the same as pain and suffering?
Pain and suffering awards are one component of a personal injury case. They are one of the forms of damages you can claim and will be baked into your eventual settlement. In Alberta these damages are capped at $370,000 and will depend on the extent of your injuries.
Many car accident cases and most motorcycle cases tend to qualify for the highest pain and suffering awards. They depend on the extent of your injuries and the extent to which these injuries have impacted your life.
What is the average payout for a personal injury claim?
There is no such thing as an average payout. The claim depends entirely on the facts of your case.
If you are severely injured you can expect higher award amounts. The typical payout will include enough to cover all of your medical bills, lost wages, and damages to your vehicle. It should also cover any long-term or rehabilitative care you might require.
As mentioned, your settlement should include some amount of money for a pain and suffering award.
Some cases will include punitive damages as well. These are damages for people who have committed more than ordinary levels of negligence. Punitive damages might be added when a driver was operating the vehicle under the influence, when a driver was driving especially recklessly, when a driver knowingly operated a vehicle that wasn’t roadworthy, or when a driver leaves the scene, just to name a few examples.
How long does a motorcycle accident lawsuit take?
The average car accident or motorcycle accident lawsuit will take anywhere from 18 to 24 months from the date you file your case. If you want your settlement sooner it’s a good idea to file as close to the date of the accident as you can. It’s often helpful to reach out to a lawyer as soon as you can do so, medically.
Keep in mind you only have 2 years from the date of the accident to file your case. After that you give up your ability to recover funds.
What are the most common causes of motorcycle accidents?
While the defendant driver may try to claim otherwise, the most common cause of motorcycle accidents are passenger vehicles making improper left-hand turns. Sudden stops and lane splitting are also common causes of accidents.
It’s important to know these facts because riders encounter a lot of stigma during their personal injury cases. Defendant drivers and their insurance companies try to take advantage of Alberta’s comparative negligence laws and reduce lucrative motorcycle settlements by pinning the blame for the accidents on the riders.
Some juries do fall for this. There are many individuals who believe the very act of getting onto a motorcycle constitutes a reckless act. Insurance companies do try to push this advantage during settlement conferences.
It’s very important to work with an experienced motorcycle accident lawyer if you want to maximize the value of your settlement.
What can I expect from a personal injury settlement?
The case will proceed in a series of reasonably predictable steps.
After you contact your lawyer, an examination on discovery will begin. This is the process of gathering the facts of the case, including tracking down all of the documentation that supports your claim. During this time we will also conduct depositions that help us get important witness statements on file.
Note you do not have to wait to call a lawyer. In fact, you can call a lawyer the day of the accident. This can often be a case-saver as the defendant’s insurance company will try to trap you into making statements or signing statements which damage the case. A lawyer can file the claim on your behalf and ensure no major mistakes get made.
Once you’ve hired a lawyer your job will be to heal up. When you reach what’s called Maximum Medical Improvement (MMI) the settlement conferences will begin. MMI means your body has healed as much as it is going to. This allows us to nail down the full extent of your medical bills while getting the information we need to determine what kind of long term care you’ll need. This will also tell us if you will be able to return to work, or if we’ll need to pursue a loss of earning capacity claim as well.
During the settlement conferences you’ll need a shrewd negotiator to help maneuver the insurance companies into providing you with a fair settlement, one that is capable of meeting your expenses.
About 2% of the time your case will go to trial. While few cases do, you’ll want a lawyer who is prepared to litigate from Day 1. Litigation puts your personal injury case in front of a jury who will determine the amount of compensation you get if they rule in your favor.
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’re known as some of the toughest litigators and savviest negotiators in the Alberta area, and we help people throughout the province. Most of our personal injury lawyers have two to three decades of experience under their belts, and have helped people just like you get the compensation they deserve for their car and motorcycle accident cases.
Don’t wait. Call (780) 474-4878 to get started today.