Why do I need a Personal Injury Lawyer?

Your personal injury lawyer will make sure that you get access to proper medical attention, you are properly compensated for your injuries, your bills are taken care, your family is looked after, and can help you get back to your normal life.

When you first sustain an injury, insurance companies may flood you with documents. We can help bear that burden, allowing you to focus on your recovery.

My injury is keeping me from work. How can I pay my bills?

There are several different resources you may access to cover your lost income. You, your spouse, or an immediate family member may have third-party disability insurance you can access. You may also have disability insurance coverage through your job.

If you don’t have private insurance, you may have income replacement benefits through your auto-insurance that can help partially offset your lost income. Otherwise, you may have access to Employment Insurance, Canadian Pension Plan (CPP) Disability Benefits, or Assured Income for the Severely Handicapped (AISH).

Should I report my work injury?

Regardless of how small the injury may seem, it is important to immediately report the incident and injury. Always notify your employer or supervisor and make sure your report is in writing, not verbal. If you don’t, it could create problems for a possible worker’s compensation claim in the future.

Should I tell my insurance company about an accident?

Following an accident, you need to report your injuries to your insurance company—otherwise, you may lose your right to claim accident benefits. You should report your injuries as soon as possible, as accident benefits have time limits for their application.

What does an accident policy cover?

Accident benefits (often referred to as “Section B” benefits) cover the costs of treatment and rehabilitation of your injury.

I’ve been seriously injured, but I can’t afford a lawyer. What do I do?

Don’t worry, you can afford a lawyer. At KMSC Law, we provide free initial consultations on injury claims. If you have a case with a good chance of success, and you decide to hire us, we will work on a contingency basis. That means there’s no upfront cost and we’ll pay all the litigation expenses to prove your case. Our legal fee will be a percentage of the award you receive: if we don’t win, you don’t pay.

What information should I obtain at the scene of an accident?

• Names, addresses, and phone numbers of the other driver(s) and any witnesses.
• Photos or recordings, if possible.
• Day, time of day, and location of the accident.
• Insurance and registration information of the parties involved with the accident.
• Police accident report number, if there is one.
• Do not assume first responders will gather this information on your behalf.

What if a family member dies in an accident?

As per the Fatal Accidents Act, if someone in your immediate family is killed in an accident, you may bring a wrongful death claim against the responsible parties.

Otherwise, you may find compensation through the deceased’s personal insurance, work insurance, or under Section B of the deceased’s automotive insurance.

Should I accept my insurance company’s settlement offer?

You do not have to accept an offer from an insurance company. If you do, then the case will likely be closed apart from exceptionally unjust circumstances.

Before accepting any offer, it is important to remember that insurance companies operate in their own best interest and may not offer you all the compensation you are eligible to receive. Before accepting any offer, contact a personal injury lawyer for a free consultation to confirm the offer is fair, reasonable, and in your best interests.

Do you have to go to court for a personal injury claim?

Probably not. Very few personal injury cases go to court, especially when the injuries are serious and the circumstances are uncontroversial.

How long will my injury claim take?

The process takes some time. Your injuries must be healed (or reached a state where no further improvement is expected) before a doctor can make a long term prognosis and a reasonable compensation assessment can be completed. For that reason, generally the more serious the injury, the longer the claim will take to complete.

How much is my personal injury claim worth?

How much you’re awarded depends on a variety of factors, such as the extent of your injuries and whether your ability to earn income has been affected.

Your claim will include amounts for pain and suffering, past wage loss, loss of future earning ability, future cost of care, loss of housekeeping ability, and any out-of-pocket expenses, including cost of travel to and from medical caregivers.

Is my personal injury claim capped?

The Government of Alberta has implemented a ‘cap’ that may be applicable to the damages an injured car accident victim may receive for their pain and suffering. If an insurance company is stating your claim is “capped”, you should still consult a personal injury lawyer for a free consultation, as often the ‘cap’ may not in fact apply.

What is a Minor Injury?

Recent changes to the Minor Injury Regulation have expanded the definition of a “minor injury” so that more types of injuries may fall under the monetary limit.  While the existing definition of “Minor Injury” definition includes “sprain, strain, or WAD injury (Whiplash Associated Disorder) caused by a motor vehicle accident, that does not result in serious impairment” the new definition expands that for any of those injuries that occur after November 1, 2020 to include “any clinically associated sequelae of the sprain, strain or WAD injury, whether physical or psychological in nature, caused by the accident that do not result in a serious impairment”.  If the definition sounded complex and confusing before, it is even more confusing now.  Whether your injury will fall under this definition, and the cap, will depend in part on your medical assessments.  You should always contact a lawyer for a free consultation to discuss whether your injuries might fall under the original or amended definition, and do not simply rely on the insurer’s interpretation of your medical condition.

What if my injury happened outside Alberta?

If your accident occurred outside Alberta, you should consult with a personal injury lawyer immediately. Different jurisdictions have different claim filing dates, and missing one of these timelines could result in you losing the right to make your claim.