One might puzzle themselves with the question as to how much compensation would be fair and reasonable for their car accident claim?
Compensation assessment is a highly technical exercise with interplay of multiple factors affecting the quantification of a fair and reasonable range of compensation in each case.
If your injuries from the accident are whiplash, musculoskeletal pain, sprain, strain and other soft tissue injuries which gets resolved within a short period of time, then your injuries are deemed to be “minor” under the Minor Injuries Regulation, Alberta and will be considered to be a “capped” claim. The capped amount is revised every year under the Regulation (For accidents occurring after January 1st, 2024, the Minor Injury Cap in Alberta is $6,061.).
You need an expert lawyer on your side to argue and prove in court that your injuries are not minor or capped, and you are entitled to higher compensation. An experienced lawyer could help you with your claim attempting to satisfy the legal requirements to establish that your injuries from an accident resulted in “significant impairment” and are “not minor”.
Several factors play their role in shaping the settlement including the following:
- Legal Help: One must always seek expert legal advice to adequately assess their claim. Attempting to self-represent your claim and negotiate a settlement may be risky as it would be trying to operate yourself by looking into the steps for surgery from google. Google may not have all the answers to the issues which require cerebral exercise and experience. Legal help will ensure you take all the appropriate steps and make informed decisions.
It is important to find a reliable, skilled and experienced lawyer who will help you navigate and address the complex legalities for obtaining fair and reasonable accident compensation. An experienced lawyer will advise and guide you, and help you obtain a car accident settlement that will help you process and recover from the accident. One must carefully consider when retaining a lawyer as you would like to have the best lawyer on your side to fight for you until you get the best settlement for your claim. - Factors for calculation of damages: Numerous factors such as your age, prior health condition, nature of your injury, treatments taken, any surgeries, resulting limitations, relationship status, work status, impact on personal life, social life and professional life, expenses paid for attended care, any loss of income in the future, any costs for medical treatments in the future, early retirement, etc. As such, calculation of damages is a complex interplay of multiple factors which require an experienced and skilled lawyer.
- Legal Research: One does not randomly pull a dollar amount for your claim from thin air. It must be grounded on extensive legal foundation. To properly assess the quantum of compensation, your lawyer conduct extensive legal research to find applicable case laws to stablish why such a range of damages is required in a given claim and how that case law is applicable in your claim given the nature of your injuries from the accident.
- Time/ Duration: Given the current scenario of huge number of cases before Alberta Courts, it usually takes 8-9 years after the accident to get to a trial. As such, experienced injury lawyers encourage their clients to explore an early resolution by employing methods of Alternate Dispute Resolution. The element of compromise is a necessary element for a negotiated settlement. If the parties stick to their positions rigidly, there will be no settlement. How much to compromise weighing all pros and cons is best advised by a skilled lawyer.
- Negotiated Settlement: Negotiation is an art which acquired and perfected through long experience. Insurance companies do not shell off money for no reason. As such your lawyer must make a convincing case for you and negotiate to protect your best interests. You need an expert negotiator on your side to get you the best settlement. Working with a professional car accident attorney in Calgary, you can start the conversation between you and your lawyer and the defendant. With these conversations, an offer will be presented to you by your lawyer, and you can decide whether to accept or not. Your lawyer may advise you regarding taking up the offer of settlement, but the final say is yours. If you decide to reject the offer, the negotiations will continue until a conclusion is reached in which the case will go into litigation.
- Litigation (Trial or Appeals): Sometimes, negotiations may not be able to get you the best settlement, as such you have to push through the complex and lengthy litigation process. Your lawyer will be able to advise you of the litigation steps and when a trial can be scheduled. At trial both sides will present their case before the court along with their respective positions on the accident, liability, causation, injuries and damages. As a plaintiff or claimant, the burden of proof is on you to establish your claim. There will be witnesses and expert witnesses called at the trial from both sides. At the end, the trial judge will grant its decision with reasons. If you feel dissatisfied with the trial judge’s decision, you may appeal it before the Court of Appeal within a short period with your reasons as to why you believe that the trial judge erred.
In sum, it is advisable to contact an expert lawyer at the earliest after being involved in an accident. Delay might affect your claim. A skilled and experienced car accident lawyer can help you obtain a fair settlement for your claim successfully.
