Some common questions we get from our clients.
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Any injury that was caused by someone else’s negligence could be considered a personal injury case. Whether you were a passenger or driving a vehicle, a pedestrian on the road, or in a slip and fall accident, these could all be considered personal injury cases. To find out if your case qualifies, please contact us!
You may have a personal injury case if you were injured due to someone else’s negligence or intentional actions, and that injury caused you physical, emotional, or financial harm. To determine if you have a valid claim, key factors include whether another party can be proven responsible for the injury, the extent of your injuries, and whether you can show that the harm led to damages such as medical bills, lost wages, or pain and suffering. Speaking with a personal injury lawyer is the best way to assess the strength of your case and explore your legal options.
After an accident, it’s important to immediately seek medical help. Even if you ‘feel fine’, you never know the potential injuries you might have sustained that could become symptomatic later. For your health as well as the benefit of your case, visit a doctor after an accident, and then call us for a free consultation!
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and future care costs.
In Alberta, you typically have two years from the date of the injury to file a personal injury claim, though exceptions may apply.
Personal injury cases are only resolved once a person reaches ‘maximum medical improvement’. Because recovery is dependent on each person and individual case. We often tell our clients it can take between two and four years for a case to be resolved. While this can seem like a long time, the payout is always going to be better than if you take an insurer’s first offer.
The value of your personal injury case depends on several key factors, and every case is unique. Generally, compensation is based on the severity of your injuries, the impact on your daily life, and the financial losses you’ve suffered. This includes both economic damages, like medical bills, lost wages, and future treatment costs, and non-economic damages, such as pain and suffering or loss of enjoyment of life. If your injury affects your future employability or requires ongoing care, these factors will also increase the value of your claim. Consulting a lawyer will give you a clearer understanding of what your specific case may be worth.
Alberta has what is called a contributory negligence rule. What this means is that there is no ‘one or the other’ ruling for who is at fault, instead fault can be determined on a scale of who is more or less at fault. This allows you to recover damages even if you are partially at fault, but your compensation will be reduced by the percentage of fault attributed to you.
MMI refers to the point at which a person’s condition has stabilized and is not expected to improve further with medical treatment. This is either a full recovery, which is what we hope for all our clients, or a plateau in recovery. It’s important because settlement negotiations usually happen once MMI is reached, ensuring all damages are accurately calculated.
You need medical records, accident reports, witness statements, photos of the scene, and documentation of your expenses, such as bills and receipts related to your injury. Our team will do all the leg work in gathering evidence and working on your case.
While it’s possible to handle a claim on your own, having an experienced lawyer greatly increases your chances of success, particularly when dealing with insurance companies or complex legal procedures. When you work with one of our lawyers, you’ll have access to a breadth of knowledge, support and advice, and a large team who will take care of all the difficult and time-consuming legal work while you focus on recovery.
When you work with us, you don’t pay anything up front! Our work is done on a contingency basis, meaning that you only pay a percentage of your winnings. If we don’t win your case, you don’t pay a cent. There are no upfront costs or hidden fees when working with Braithwaite Boyle.
Your lawyer will handle all legal aspects, including gathering evidence, filing documents, negotiating with insurance companies, and representing you in court if necessary.
For the first meeting with us, we want to get to know you and your case and ensure we can help you. If you have relevant documents, such as medical records, accident reports, insurance details, receipts for expenses related to your injury, photos of the incident location, photos of vehicle damage (yours and any other vehicles involved), or photos of your injuries, that is wonderful to bring. However, if you’re unsure what documents to bring or how to get this information, we suggest that you just bring yourself and we’ll guide you through the entire process of getting the important documents!
Our team will keep you regularly updated throughout the entire process. Our process is to have scheduled check-ins; however, if you have any pressing concerns, questions, or you just need some support as you work through this process, we’re always happy to help!
Personal injury lawyers play a crucial role in negotiating with insurance companies to secure a fair settlement. Our team will begin by thoroughly investigating the case, gathering important evidence such as medical records, accident reports, and witness statements. This evidence helps build a strong case that demonstrates the full extent of your injuries and damages, including medical bills, lost wages, pain and suffering, and any future care needs.
Once the evidence is compiled, your lawyer will submit a settlement demand to the insurance company, outlining the compensation you’re seeking. The insurance company typically responds with a counteroffer, and negotiations continue from there. Our team of experienced personal injury lawyers understands the tactics insurance companies use to minimize payouts and will advocate aggressively on your behalf, using the evidence to push for the maximum compensation possible. In the event of an unsuccessful settlement negotiation, your lawyer will then prepare to go to court. Throughout the entire process, your lawyer will handle all communication and negotiations, allowing you to focus on your recovery without the stress of dealing with insurers directly.
If your claim is denied, or if the insurance company refuses to offer a reasonable settlement, we can escalate the case by filing a lawsuit and preparing for trial. Even during this process, negotiations often continue, and settlements are still possible.
The process involves filing a claim, discovery (gathering evidence), settlement negotiations, and, if necessary, going to trial. Your lawyer will handle each step and represent your interests throughout the case. Learn more on Our Process Page.
Insurance policies typically cover the damages in a personal injury case, but insurance companies often attempt to minimize payouts. Having a lawyer can help you secure a fair settlement.
Yes, if the at-fault driver is uninsured, you may be able to file a claim against them and also through your own insurance under an uninsured or underinsured motorist policy.
If an insurance company offers you a settlement right away, that is often a sign you have a solid personal injury case. It’s often best not to accept the first offer, as initial settlements may be lower than what you deserve. Give us a call to evaluate whether the offer covers all your damages.
The need for future or long-term care is calculated after you reach Maximum Medical Improvement. If, after experiencing a medical plateau, it is determined you will still need care, we will seek compensation for future medical expenses and ongoing treatment as part of your personal injury claim.
Yes, you can claim compensation for lost wages, including future income if your injury affects your ability to work long-term.
Yes, it’s important to seek medical attention even if you feel fine, as some injuries may not be immediately apparent and could worsen over time. If you do not see a doctor immediately after an accident, it may be more difficult for your case.
In Alberta, the statute of limitations for most personal injury claims is two years from the date of the injury. There are some instances where the statute of limitations can be overruled, but the best thing to do is talk to a personal injury lawyer as soon as you can after an accident.
Many personal injury cases are settled out of court through negotiation with the insurance company. However, if a fair settlement cannot be reached, your lawyer may recommend going to court.
PERSONAL INJURY LAW IS THE ONLY KIND OF LAW WE DO! We want to support our clients to the best of our abilities, and we believe this comes from a thorough understanding of the ramifications and impacts of specific injuries on our clients’ lives and of personal injury law.
In short, yes! We have a proven track record and commitment to securing the best outcomes for our clients. With decades of experience handling personal injury cases, we have the knowledge and ability to navigate complex legal processes and negotiate effectively with insurance companies. We have a history of excellent settlements as insurance companies know we never back down. Our team is dedicated to providing compassionate, personalized service, ensuring clients feel supported throughout their recovery. Braithwaite Boyle also operates on a contingency fee basis, meaning you don’t pay unless we win your case, so there’s no financial risk to you. Our focus on maximizing compensation while reducing stress for clients makes us a trusted partner for anyone facing a personal injury claim.
