What You Need To Know…

What you need to know about personal injury law

1. Adjusters and your rightsAdjusters 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 issueIn 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 counselIn 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 companyAt 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 negligenceYou 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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