Since there are so many different ways to get injured, no personal injury claim works the same way as another claim. From car accidents to a medical mistake to a slip and fall to a criminal assault, personal injury law covers a broad range of injury cases.
This article will discuss the steps necessary in filing a personal injury claim effectively. For information regarding a specific case, contact Peter Quansah Jr. for a free consultation.
1) Determine if your injury is covered by an insurance policy
If you have been injured in an accident where another party is at fault, determine if they have an insurance policy that will cover your damages. If you’re hurt in a car accident, you will want to immediately check whether the other driver has car insurance and get the name of the insurance company and policy number and provide the other driver with your information, also. If you got injured on someone else’s property, you will need to know who owns the property and whether they have liability insurance.
This is important information to know because it will determine the likelihood of you collecting damages owed after a personal injury trial. Winning a judgment in your favour is one thing; but collecting on that judgment is another story. If the defendant has no insurance and very little in terms of assets, you may be able to access government provided benefits through a special Alberta law called the Motor Vehicle Accident Claims Act. There are limits to the amounts recoverable under that Act, though, and all injured parties in one car accident have to share that limited amount.
On the other hand, if your injuries are quite serious and it’s clear that the other person was at fault for the accident, you will most likely still want to proceed whether they’re covered by insurance or not.
2) Determine whether to enlist the services of a lawyer
Except in the simplest of cases, where injuries aren’t significant and you’re confident that you can get a satisfactory result on your own, speaking with an experienced lawyer is still always highly recommended.
Speaking with a personal injury lawyer isn’t the same as hiring one. At Hajduk Gibbs, we offer free consultations to discuss the merits of your case and what your options are.
In addition, we normally work on a “contingency” basis, meaning that you pay nothing unless there is a settlement or judgment in your favour. In that case, the lawyer working your case takes a percentage of the settlement as a fee, which is agreed to beforehand, plus any out of pocket expenses. But normally these are still paid from the settlement proceeds.
3) Decide whether or not to pursue litigation
It’s a fact that most personal injury cases reach a settlement before trial, and sometimes even before a lawsuit is filed. That’s why it’s prudent to explore all your legal options with a legal professional that specializes in personal injury cases.
If you’ve been injured and are curious about the legal options available to you, contact Peter Quansah Jr. today for a free consultation.
Have you been in a car accident? Check this article to find out what the most common car accident injuries are, and their associated symptoms.