Whiplash is one of the most common injuries resulting from a car accident, but its impact can be far-reaching, affecting your work, daily routine, and overall quality of life. If you feel lost with where to start with your whiplash claim, you aren’t alone. At Braithwaite Boyle, we are committed to helping you navigate the claims process and ensuring you receive the compensation you deserve. In this blog, we’ll guide you through what makes up a whiplash claim, how to file a claim with your whiplash injury lawyer, and how we can support you every step.
Can You Sue for Whiplash in a Car Accident?
If you were not deemed at fault, you can sue for whiplash if you were injured in a car accident. Taking action through filing a whiplash claim can help you access the support you need to recover fully while also not ignoring the impact of the accident. In Alberta, you are required to file a whiplash claim within two years of the accident date. A personal injury lawyer will review your case – including evidence, medical records of treatment, and details about who was at fault for the accident – to determine your eligibility and build a stronger case. Don’t assume from the start that you don’t have a case – let us help you navigate the whiplash claims process and explore your options.
Whiplash injuries can disrupt your life, from missing work for treatment to facing challenges in continuing your career. Compensation isn’t just about covering financial losses like wages—it’s about recognizing the full impact of your injury. Whether you’re dealing with long-term symptoms, emotional distress, or a reduced quality of life, your claim can help provide the resources and peace of mind to move forward. At Braithwaite Boyle, we’re here to help you take the next steps with confidence and focus on your recovery.
How Do You Claim For Whiplash
Claiming for a whiplash injury after a car accident involves more than just submitting a form—it’s about building a strong case that proves the extent of your injury and how it has impacted your life. To make a successful whiplash claim, you must establish that the other driver was at fault and that the whiplash injury resulted directly from the accident. Your claim needs to include:
- Medical records
- Personal notes and journal entries on your pain and limitations
- Crash details
- Treatment documentation and receipts
The more thorough and organized your evidence, the stronger your claim will be. At Braithwaite Boyle, we believe in equipping our clients with the tools they need to thrive and a clear understanding of what to expect from start to finish with your claim.
How a Personal Injury Claim Works
1. Initial Meeting
In your first meeting with a car accident lawyer from Braithwaite Boyle, you’ll discuss your accident, your injuries, and how they’ve impacted your life. Assuming you are not at fault for the accident, you move forward with a claim against the at-fault driver. Your lawyer will begin gathering any additional evidence to support your case, including the police report, medical records and employment information.
2. Pleadings
You have two years from the accident date to file a claim with the court. A document entitled a Statement of Claim is filed and then served on the at-fault to notify them of your legal action. The Defendant or their insurance company may respond by filing a Statement of Defence outlining their side of the story.
3. Discovery
There are two parts to the Discovery phase – the document discovery and questioning for discovery.
A) Document discovery involves the parties preparing an Affidavit of Records, which lists all of the relevant and material documents they have relating to the matters arising in the lawsuit.
B) Questioning for Discovery is a process where both the plaintiff (you) and the defendant (the at-fault) testify under oath regarding the circumstances of the accident and your injuries. Your lawyer will brief you before the questioning, and your lawyer will attend the questioning with you. At the Questioning, you are asked questions under oath by the at-fault’s lawyer regarding the accident, your injuries and the impact on your life. Also, your lawyer asks the at-fault questions about the accident to prove the case.
4. Alternative Dispute Resolution
If informal negotiations don’t lead to a settlement, the rules require that some form of alternative dispute resolution is attempted before setting a matter for trial. Parties can attend a private mediation or a Judicial Dispute Resolution (JDR). At a JDR, an actual judge is involved in attempting to assess the parties and resolve the claim. This is done outside a Courtroom and is usually scheduled for only one day. In a private mediation, a senior lawyer from a law firm or mediation company who is not involved in the case acts as a mediator. The mediation usually takes place at one of the lawyer’s offices, where representatives for both sides are present, and the mediator assists the parties in reaching a mutually agreeable settlement.
5. Trial
It is very rare for personal injury matters to reach trial. Often, cases are settled during settlement negotiations, at a JDR or mediation. If the parties cannot agree, the matter will be heard at a trial. The courthouse is very busy, and it often takes several years to get a trial date. In addition, trials are lengthy and costly. The decision lies in the hands of the judge or jury.
6. Court of Appeal
If it is felt by either party that the judge hearing the trial made an error of fact or law, then the decision can be appealed to the Court of Appeal. Again, this is very rare in a personal injury lawsuit.
7. Conclusion of Claim
Once a claim has been concluded either by an agreed-upon settlement or a decision from the Court, a Final Release is signed, and the lawsuit ends by filing a Discontinuance of Action at the Court.
How Long Should a Whiplash Claim Take?
Your whiplash claim timeline may not look the same as someone else because no two injuries are the same. The two-year timeframe for car accident settlements, including whiplash claims, applies because of differing medical recoveries for injuries sustained in the accident. Your whiplash claim timeline will depend on the following factors:
- Negotiations between all parties
- Legal processes
- Insurance claims process
- Medical treatment timeline
- Dispute over liability for the accident
When you work with a car accident lawyer for your whiplash claim, you have an advocate in your corner to help you get the compensation you deserve. With Braithwaite Boyle, you can confidently navigate the complexities of whiplash claims, allowing you the freedom to focus on your recovery.
How Much Compensation Will I Receive for Whiplash?
As a rule of thumb, the compensation you receive for a whiplash injury in Alberta will depend on factors including the severity of your injury, lost wages, and medical expenses as a result of the accident. Whiplash injuries are listed under the Minor Injury Cap, which limits compensation for specific soft tissue injuries resulting from motor vehicle accidents. As of July 2023, the maximum payout for these injuries, including Grade I and II whiplash (affecting muscles and ligaments), is $5817.
Introduced in October 2004, the Minor Injury Cap legislation aims to standardize settlements for minor injuries. However, this cap does not apply to more complex injuries, such as nerve or tendon damage or TMJ injuries.
Your personal injury lawyer from Braithwaite Boyle will help you determine whether your claim will fall directly under the cap and ensure you receive the compensation you deserve. Your claim is worth more than your insurance provider is telling you, and we want to help. Call us today for a free consultation with a car accident lawyer!
Choose Braithwaite Boyle for Whiplash Injury Claims
If you’ve suffered a whiplash injury from a car accident, you don’t have to face the claims process alone. At Braithwaite Boyle, we’re here to help you get the compensation you deserve. Whether you’re just starting your claim or need guidance on a current case, our team of experienced personal injury lawyers is ready to help. Contact us today to book a free consultation, and let’s discuss how we can get you back on the road to recovery.