Frequently Asked Questions
What am I entitled to recover after an accident?
There is no simple answer to this question because your compensation depends on several variables. You may be entitled to several different types of damages under Alberta law. Some of the more common types of damages in injury cases are: damages for the nature, type and duration of your injuries; lost income both past and future; loss of earning capacity and opportunity; out of pocket expenses; loss of housekeeping capacity; and, future care costs.
How much will I have to pay for you to handle my case?
Our legal fee is a percentage of the amount we recover for you. And there are no legal fees or expenses you pay until we settle your claim or receive a Court judgment. The more we get for you, the more we get. Simple. We charge the same percentage if we file a lawsuit or not, or if we need to go to trial or not. We do not drag your case out to make more money. We want to get you fair and reasonable compensation as efficiently as possible. We will not under settle your claim. If we are unable to recover money for you, you do not pay us anything.
How much money is my case worth?
Your case is worth either what you agree to settle your case for, or the amount the Court awards you through a trial.
Once we have all the information we need, we will use our knowledge, skill and experience, to assess the value of your claim and try to settle it for a fair and reasonable amount. This is not an exact science and there are many variables and considerations. Generally, the value of your claim is based on several factors: the nature and extent of the injuries you suffered, how complete your recovery was from those injuries, the value of the time you missed from work, the degree to which your career trajectory changed due to your injuries, the amount of expenses you incurred to try to recover from your injuries, and the cost of the future care you need.
Will I have to go to Court?
If the defendant’s insurance company agrees to pay what your case is worth and you wish to settle for that amount, then your case will not go to Court. This is what happens in most situations: fewer than 1% of all personal injury cases go to trial. However, some cases will have to go to trial if the defendant’s insurance company is not prepared to be reasonable and pay you fairly for your injuries and damages.
Either way, you need to retain a law firm with the skills, knowledge, and experience to handle your claim effectively and efficiently. Personal injury law is the only law we do at cassidyHEA injury law.
How long will my case take?
It depends on your recovery from your injuries. If you recover from your injuries quickly and your damages and losses are certain by the time you recover from your injuries, then your case can be resolved quickly if the defendant’s insurer is prepared to settle your claim for a reasonable amount.
If your recovery is incomplete or uncertain, then your claim will take longer to settle. It will take longer because we will need to gather the necessary evidence from experts and others to prove what how your incomplete and uncertain recovery will affect your future health, your future treatment needs, your career, and your family.
Your case can also take longer to resolve if the defendant’s insurer is unreasonable or slow to respond or act.
Can any lawyer handle my case?
In theory, yes: any licensed Alberta lawyer is permitted to act for you. But only experienced personal injury lawyers have the knowledge, skills, training, expertise, and trial experience that you need to ensure you get the best result.
Would you ask a dermatologist to remove your appendix? No. Like medicine, law is specialized. You need and deserve an experienced advocate to handle your personal injury case. It does not cost more money to hire a personal injury lawyer but if you don’t hire a personal injury lawyer you may not get the service and compensation you deserve.
Do I have a deadline to file my claim?
Yes. You may have heard of a statute of limitations. In Alberta, our Limitations Act requires that you file your personal injury lawsuit at Court within 2 years of the date of your accident or the incident that caused your injuries.