What evidence is needed to support my MVA claim?

A: When pursuing a motor vehicle accident (MVA) claim in Alberta, Canada, it is essential to gather and preserve evidence to support your case. This evidence will help establish fault, prove the extent of your injuries, and demonstrate the impact of the accident on your life. The following types of evidence can be crucial in supporting your MVA claim:

  1. Police report: Contact the police immediately after an MVA, as they will create an official report that documents the details of the accident. This report can provide valuable information on the parties involved, the location and time of the accident, road and weather conditions, and potential causes of the accident.

  2. Photographs and videos: Take photos and videos of the accident scene, including the positions of the vehicles, damage to the vehicles, skid marks, debris, road conditions, traffic signs, and any visible injuries. These visuals can help establish the cause and severity of the accident.

  3. Witness statements: Gather contact information from any witnesses at the scene of the accident. Their statements can provide an unbiased perspective on the events leading up to the MVA and can help establish fault.

  4. Medical records: Seek medical attention as soon as possible after the accident, even if you believe your injuries are minor. Keep records of all medical treatments, diagnoses, prescriptions, and rehabilitation sessions. These records can help prove the extent of your injuries and demonstrate the need for compensation.

  5. Income and employment records: If the accident resulted in lost wages or reduced earning capacity, gather documentation that outlines your employment status, income, and any missed work due to the accident. This information will be crucial when calculating economic damages.

  6. Expert reports: In some cases, it may be necessary to consult with experts, such as accident reconstruction specialists, medical professionals, or vocational experts. These experts can provide reports and testimony to support your claim by explaining the cause of the accident, the extent of your injuries, and the impact on your future earning capacity.

  7. Personal journal or diary: Keep a journal or diary detailing your physical and emotional pain, limitations, and progress throughout your recovery. This record can help demonstrate the non-economic damages you have suffered as a result of the accident.

  8. Insurance documents: Collect all relevant insurance documents, including your auto insurance policy and any correspondence with insurance companies. This information can help your lawyer navigate the claims process and negotiate with insurers on your behalf.

In Alberta, Canada, it is important to remember that the province follows a no-fault accident benefits system. This means that regardless of fault, your own insurance company will provide some benefits to cover medical expenses, lost wages, and other costs. However, if you wish to seek further compensation for pain and suffering, you will need to pursue a personal injury claim, which is when the evidence mentioned above becomes crucial.

Working with an experienced personal injury lawyer who is familiar with Alberta's MVA laws can help ensure that you gather the necessary evidence to support your claim and maximize your chances of receiving fair compensation for your injuries and losses.

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