It can be a daunting experience to call and visit an injury lawyer after your accident. Here are some questions you can expect in your first conversation.
1. When was your accident?
In Alberta, if you don’t start a lawsuit within 2 years after the accident, you are statutorily banned from starting one. That means that there is nothing that can legally be done, and the opposing side doesn’t have to give you anything. (There are exceptions, but they are quite exceptional.)
Minors have a slightly different rule. A minor can’t start a legal action on their own, so they have 2 years after they turn 18 to start a law suit for anything that happened to them while they were a minor.
2. What happened?
The details of how a collision occurred are important. If you were at fault, you won’t be able to make a claim. If you weren’t at fault at all, then you have a claim against the person who is at fault. If you were partially at fault, then you will have a partial claim against the other person.
For example, if you weren’t wearing a seatbelt at the time, you can expect the insurance company to argue that some of your injuries could have been prevented by wearing a seatbelt and therefore your claim ought to be reduced accordingly.
3. Did the police come to the scene?
If the accident caused more than $2,000 of damage, it should be reported to the police. This should be done right away, and needs to be done in person. A police report gets a snapshot of what happened, recorded by an impartial third party. If you don’t have a police report, sometimes the story starts to change, and witnesses start to disappear. As well, a police report will contain useful information about both parties, the vehicles and the insurers – information that people sometimes forget.
4. Have you been getting treatment?
Soon after getting in an accident, you should see your doctor for an assessment, and get any treatments your doctor recommends. If you have been suffering in silence and haven’t been getting treatment, there is an argument that, although you have been injured, your injuries are now the result of you not getting treatment. Or, maybe, since you are not getting treatment, you aren’t really injured at all. Take this argument away. See your doctor and get any treatment they recommend.
If you have any additional questions don’t hesitate to call or email us at the office to discuss your situation.