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What you need to know about personal injury
law |
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1. Adjusters and your rights
Adjusters may try to convince you that
some fault lies with you. Case precedents, engineering opinions, or witness
statements may indeed find that you are free of fault. Early investigation is
vital as evidence may be lost over time. Hiring legal counsel is your best
option.
Adjusters may try to convince you that
you don't need a lawyer; that you will receive the same attention and
compensation without legal counsel. This is not the case.
Ask the adjuster to estimate the value
of your claim. Then make an appointment with Robert Clarke. Ask him the value
of your claim. We will not charge you for this
consultation.
2. Liability may be at
issue
 In motor
vehicle accident cases the other driver may claim that you are at fault. In
cases of slip and fall, the occupier of the property may allege you weren't
watching where you were going and didn't take sufficient precautions for your
own safety.
"The RCMP does not
determine how much each party is at fault, but just whether there is a breach
of the Highways Traffic Act or Criminal Code. If fault is proportioned between
the drivers, then the proportion to which you are at fault, determines the
measure of your claim. Even if the RCMP does not charge you, the other driver
can still claim the accident was partially your fault. Early involvement by
experienced counsel can assess the possibilities of this issue being raised,
and better prepare for legal argument that will eventually occur."
You may be accused of being
contributorily negligent.
"If you are in an accident,
the insurance company may allege that you have contributed to your injuries
(for example by your failure to wear a seat belt, or by not keeping a proper
lookout) and they may arbitrarily reduce your claim as a result. Early
involvement can prepare against such allegations."
 3. Other immediate issues
requiring legal counsel
In addition to liability concerns, there
may be other immediate motor vehicle insurance coverage issues such as: driving
without owner's consent, hit and run accidents, alcohol involvement in
accidents, or product defect (malfunction) in vehicles. These are all issues
that require the early involvement of legal counsel.
4. Compensation Pursuant to your
contract with the insurance company
At the outset you may be entitled to no
fault accident benefits from your own insurance company. This is particularly
applicable in motor vehicle accident claims.
We strive to make your immediate
difficulties of dealing with injury, wage loss, and extra costs less stressful
for you and your family.
"Your insurance company may
have an obligation to provide you with accident benefits, whether or not you
are at fault, or contributorily negligent. Such benefits may provide full or
partial compensation for your medical expenses, house keeping expenses and loss
of income. Their obligation to do so should be reviewed by your lawyer in the
early stages of the claim."
5. Compensation Pursuant to your
rights under the law of negligence
You have a right to be compensated if
the other party has been negligent. You are entitled to be placed in the same
position that you would have been in had the accident not occurred.
 "You may need compensation for long or short-term care costs,
medication expenses; for loss of wages, now and/or likely in the future; for
suffering pain and discomfort; for suffering loss of a loved one - and loss of
that contribution of their income or services in the future. Some or all of
these opportunities for damage recovery may be available to you. We review and
rely upon similar cases of injuries and disabilities that have proceeded to
trial to assist us in assessing the extent of your compensation. We hire
specialists to assist in calculating your needs and your loss."
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