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Motor Vehicle Accidents FAQs

What should I do immediately after a motor vehicle accident?

After ensuring your safety and seeking medical attention, report the accident to the police and collect as much information as possible. If you’re able, take photos of the scene, get contact details from witnesses, and avoid discussing fault or making statements to insurance companies before consulting an injury lawyer.

How do contingency fees work for motor vehicle accident claims?

Most personal injury lawyers, including us, work on a contingency fee basis. This means you don’t pay any upfront legal fees, and we only get paid if we successfully recover compensation for you. Our fees are a percentage of the settlement or award, which will be clearly outlined in a fee agreement before we start working on your case. This allows you to focus on your recovery without worrying about legal costs.

Can family members file a claim on behalf of someone injured in a motor vehicle accident?

Yes, if the injured person is unable to pursue a claim due to incapacitation or other reasons, a family member may be able to file on their behalf. KMSC’s Injury Law Team can assist you in navigating this process to ensure your loved one’s rights are protected.

How long do I have to file a motor vehicle accident claim in Alberta?

In Alberta, you generally have two years from the date of the accident to file a personal injury claim. However, exceptions may apply depending on the circumstances, so it’s important to speak with an injury lawyer promptly to avoid missing key deadlines.

How can a motor vehicle accident lawyer help me?

An experienced motor vehicle accident lawyer can handle communications and negotiations with insurance companies, gather and assess evidence, and ensure that your injuries and losses are accurately valued. They’ll also work with experts such as medical professionals and accident reconstruction specialists to strengthen your case and help secure the compensation you deserve.

Is my personal injury claim capped?

The Government of Alberta has implemented a ‘cap’ on damages for pain and suffering in certain cases involving minor injuries from motor vehicle accidents. However, what qualifies as a “minor injury” can be complex, and the cap may not apply to your case. If an insurance company tells you your claim is capped, it’s important to consult a personal injury lawyer for a free consultation to determine if the cap applies to your specific circumstances.

What if the other driver doesn’t have insurance?

In Alberta, you may still be able to recover compensation through your own insurance policy under the uninsured motorist coverage. A personal injury lawyer can help you understand your options and ensure you receive the compensation you’re entitled to.

Can I recover compensation if I was partially at fault for the accident?

Yes, Alberta follows a “contributory negligence” system, meaning you may still recover compensation even if you were partially at fault. However, the amount of your compensation may be reduced by the percentage of your fault. An injury lawyer can help clarify your rights in these situations.

How long will it take to settle my motor vehicle accident claim?

The timeline for settling a claim can vary depending on factors like the severity of your injuries, the complexity of your case, and whether the insurance company disputes your claim. While some cases are resolved in months, others may take longer, especially if court proceedings are necessary.

Robert Pearce

Robert Pearce

Partner

“I approach every case with empathy, knowing that behind every file is a person whose life has been disrupted. My goal is to help them rebuild with dignity and strength.”

Robert G. McVey, K.C.

Robert G. McVey, K.C.

Counsel

“When you’ve been injured, you need someone who not only understands the law but who cares about your recovery. I am committed to being that advocate.”

Catherine Long

Catherine Long

Retired Counsel

“I see each client as more than just a case number—they are individuals deserving of respect, fairness, and the best possible outcome.”

Shawn Sipma

Shawn Sipma

Partner

“Practicing injury law allows me to stand up for those who’ve been knocked down. It’s a privilege to be the voice for people when they need it most.”

Michael J. Hussey

Michael J. Hussey

Partner

“My clients know that they have my full attention and dedication. I’m here to guide them through the process and fight for the justice they deserve.”

Owen A. Lewis

Owen A. Lewis

Partner

“It’s not just about obtaining appropriate compensation for our clients, it’s about making sure our clients are assisted and feel heard and understood throughout their entire journey.”

Leah Paslawski

Leah Paslawski

Partner

“I believe in empowering my clients by explaining their options clearly and being there every step of the way as they rebuild their lives.”

Flora Stikker

Flora Stikker

Associate

“Injury law is about restoring hope and balance. I’m committed to ensuring that my clients receive the fair compensation they need to move forward.”

Drew Pearson

Drew Pearson

Associate

“I strive to help my clients navigate complicated situations and provide down-to-earth pragmatic advice.”

Kristian Toivonen

Kristian Toivonen

Partner

“Working with me means you’ll have a fierce advocate who cares deeply about your well-being and is relentless in pursuing your best possible outcome.”

Justin Monahan

Justin Monahan

Partner

“Each client’s story is unique, and I tailor my approach to meet their individual needs. Together, we’ll work toward the justice you deserve.”

Talon Fowler

Talon Fowler

Associate

“I believe injury law is about making a difference in people’s lives. I practice with compassion, commitment, and a drive to achieve the best result for every client.”

Robert Belanger

Robert Belanger

Associate

“Helping my clients through difficult times is the most rewarding part of my work. I’m here to listen, support, and ensure their rights are protected.”

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