How do I file a personal injury claim after an MVA?

A: In Alberta, Canada, the process of filing a personal injury claim after a motor vehicle accident (MVA) involves several steps. It is essential to follow these steps carefully to maximize your chances of a successful claim and receive fair compensation for your injuries and damages.

  1. Obtain medical treatment: Your health and safety should be your top priority. Immediately after the accident, seek medical attention for any injuries, even if they appear minor. A prompt medical examination can help identify injuries that may not be immediately apparent and establish a clear connection between the accident and your injuries.

  2. Collect evidence: As soon as possible, gather evidence that can support your claim. This may include photographs of the accident scene, vehicle damages, and any visible injuries. Obtain contact information of the other driver(s) involved, as well as any witnesses. Request a copy of the police report, which can provide valuable information for your claim.

  3. Notify your insurance company: Inform your insurance company about the accident as soon as possible. Provide them with basic information about the incident, but avoid discussing fault or providing detailed statements without first consulting a lawyer.

  4. Consult a personal injury lawyer: Retaining a personal injury lawyer who specializes in MVA claims can significantly improve your chances of success. An experienced lawyer can help you understand your rights, navigate the legal process, and negotiate with insurance companies on your behalf. They can also ensure that all required documentation is submitted correctly and on time.

  5. File a claim with the at-fault party's insurer: In Alberta, the at-fault driver's insurance company is responsible for compensating the injured party for their damages. Your lawyer will file a claim with the at-fault party's insurer on your behalf. This process typically involves submitting a demand letter outlining the details of the accident, your injuries, and the damages you are seeking.

  6. Negotiate a settlement: Once the at-fault party's insurer receives your claim, they may offer a settlement. Your lawyer will review the offer and advise whether it is fair and reasonable. If the offer is insufficient, your lawyer will negotiate with the insurance company to reach a more favorable settlement. This process may involve providing additional evidence, such as medical records and expert opinions, to support your claim.

  7. File a lawsuit, if necessary: If negotiations with the insurance company fail to produce a fair settlement, your lawyer may recommend filing a lawsuit. In Alberta, the statute of limitations for MVA personal injury claims is generally two years from the date of the accident. If you decide to proceed with litigation, your lawyer will file a statement of claim with the court, and the legal process will continue with discovery, pre-trial procedures, and potentially a trial.

Keep in mind that each MVA case is unique, and the process may vary depending on the circumstances of your accident and the severity of your injuries. By consulting with an experienced personal injury lawyer in Alberta, you can ensure that your claim is handled professionally and that you receive the compensation you deserve.

In Alberta, Canada, it is essential to contact an MVA lawyer as soon as possible after the accident. Promptly consulting with a lawyer can help protect your rights, preserve crucial evidence, and maximize your chances of receiving fair compensation.

If you've been in an MVA, contact Kantor LLP, MVA Injury Lawyers, for a free consultation.
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