You’ve been in an accident and suffered an injury. Suddenly, life looks very different. You’re juggling medical appointments, missing work, struggling to keep up with things at home, and feeling the strain on your relationships.
In the middle of all that stress, the insurance company may offer you money to settle your claim, often with persuasive reasons to take it quickly. But how do you know whether the offer is actually fair? Like many Albertans in this situation, you may turn to Google and type: How much is my injury claim worth?
We hear questions like these all the time from injured people across Alberta:
- What is my claim worth?
- Is my claim worth pursuing?
- The insurance company offered me money. Is it a fair offer?
It can be frustrating to learn that there is no quick online calculator or simple formula for valuing an injury claim in Alberta. But in reality, that is often a good thing for you and your claim.
How Is My Injury Compensation Determined?
In Alberta, the law treats you like an individual, and takes into account how your injuries have changed your life and affected you personally. In Alberta, courts take into account how severe your injuries are, and how long they last when determining the amount of compensation you are entitled to.
For example, a person who is completely paralyzed for life will be entitled to more compensation for pain and suffering than someone with a broken hand. If the person with the broken hand is a highly-paid professional hockey player who can never play again, the value the courts assign to the injury might not necessarily change, but the overall value of the claim will increase because of the money that person won’t be able to earn because of the injury.
Physical as well as emotional injuries – such as depression, anxiety, insomnia, and PTSD – are often considered, and each additional injury typically increases the amount of compensation awarded.
NOTE: In Alberta, you have two years from the date of your accident to file a claim or your right to compensation will be lost.
When Can I Settle My Claim?
Before calculating the value of an injury claim it is important that you are either 100% healed from your injuries, or as healed as you can ever be expected to be. This is known as Maximum Medical Improvement or MMI. Your treatment providers will determine when you reach MMI and at that point the duration of your injuries will be known with enough certainty to determine the right amount of compensation for you.
Most injury claims in Alberta will end in a negotiated settlement. This means that you, as the injured person, agree to accept an amount of money from the at-fault party. Most of the time, the compensation will be paid by the other person’s insurance company, but even if the other person doesn’t have insurance, there are ways to recover the compensation you are entitled to and an experienced personal injury lawyer can help.
In most cases, injury claims are settled through resolution outside of court, but each claim is different and the length of time will depend on many factors including how complicated the accident was, the number of people involved, the seriousness of your injuries, and the length of time it takes you to reach Maximum Medical Improvement (MMI).
What Compensation Am I Entitled to for My Injuries?
When you’re injured in Alberta because of the wrongdoing of someone else, the law says that you are entitled to compensation. In the case of pain and suffering, it can help to support your recovery, expenses related to loss of income, and more. The money that you receive in an injury claim is known as damages and you are entitled to many different categories as part of your claim:
General Damages
General damages is the legal term for the money you get for things you cannot put a price on, such as your pain and suffering. To get you the compensation you deserve we need proof of your injuries and an understanding of how your life has changed because of the accident. Examples of evidence may include:
- Treatment notes – the medical charts recorded at the time of your visits; and
- Medical/legal reports – specialized reports written by doctors, specialists, psychologists, or other medical practitioners, which explain your injuries and their effects on you in detail.
Your general damages may be subject to an upper limit, called a cap, if your injuries are minor and only involve soft-tissues, such as whiplash injuries. Many injuries are not capped, so it’s a good idea to consult an experienced Alberta personal injury lawyer to find out for sure.
Loss of Housekeeping Capacity
After an injury, there’s a good chance that your ability to do things around the house will be limited. Vacuuming, shoveling snow, doing laundry – whatever you normally do around the house can be affected temporarily or permanently. You may need to hire help to keep up with household chores, or perhaps a friend or family member will take on more to assist you. Either way, you are entitled to some compensation for what is known as loss of housekeeping capacity.
Special Damages
Special damages is the legal term for things with a price tag; they are easier to calculate and include:
- The cost of medical treatment, except for any accident benefits you receive through your own insurance company or from any work benefits or personal benefits such as Blue Cross;
- Lost wages due to missed work, missed promotions, or missed opportunities;
- Medications, both prescription and over-the-counter;
- Medical supplies such as a brace, wheelchair, or adjustable bed;
- Personal property lost or damaged in the accident.
Future Cost of Care
After an accident, some people take medical treatment, heal completely and never require treatment for their injuries again. Others, however, require care far into the future and, occasionally, for the rest of their lives. Whether the care is massage, physiotherapy, chiropractic treatment, or something more serious like surgery or full-time in-home care, Alberta law provides for those costs to be covered under this category of special damages.
Future Loss of Income
It is an unfortunate reality that some injury victims are unable to return to work after an accident, temporarily or permanently. Sometimes an injury will require a change in work duties and responsibilities, other times a change in career, and there can be costs of retraining or going back to school. An injury can also prevent you from completing school or training, delay the start of a new job, or keep you from advancing as quickly. You may be forced to retire earlier than planned. If you’re self-employed, you may be unable to run your business or take on as much business as before your accident.
In the case of our professional hockey player above, he may never find a job that pays near as much as playing in the NHL, so his future loss of income claim is likely to be very large. Whatever the case, there is an opportunity to make a claim to get compensation for how your ability to earn money is affected into the future.
Does It Matter Who Is at Fault?
The short answer is yes. In Alberta, however, fault is not treated as black or white, and lawyers tend to speak more about liability instead of fault. Liability, or legal responsibility, can rest with one person in an accident.
For example, if you’re at a red light and someone runs into you from behind, that person is likely to be found 100% liable for the accident by the courts. If you make a claim for compensation against that person, he or she will have to pay 100% of the money awarded to you by the courts, or negotiated for you in a settlement by your personal injury lawyer.
Sometimes you can be injured by someone else in an accident, but the court may find you partially liable for your injuries. While you may still be able to make a claim, your compensation may be reduced by the percentage you are determined to be at fault. This is known in Alberta law as contributory negligence. If you are concerned about whether or not you are liable for any part of your accident, the best thing to do is to contact an experienced personal injury lawyer who can properly assess your claim.
Calculating the Value of My Claim
Making an injury claim in Alberta requires various evidence, and here are some examples:
- If the person who injured you denies liability, we may need statements from independent witnesses or a report from an accident reconstruction specialist.
- We will require evidence of your injuries such as the notes your medical providers take each time you visit, reports from doctors or specialists, or imaging such as x-ray or MRI.
- If you have lost income because of the accident, we may need income tax returns to show the decrease, or information from your employer about your salary and time missed from work. If you’re self-employed, we may need a detailed report from an expert such as an accountant or economist.
- We may require the opinions and reports of numerous other experts such as medical, financial, or employment experts.
Sometimes these calculations are simple, but many times they are difficult and complex and must take many factors into account. An experienced personal injury lawyer will be able to capture every possible avenue of compensation for you and your family.
The vast majority of injury claims in Alberta are settled out of court, but the proper evidence is still required to arrive at a fair settlement value.
Have questions about injury claims? We’re here for you.
Since 1976, we’ve assisted thousands of injured Albertans with their claims. We never charge hidden fees or increase our fees in the middle of your claim. Best of all, you don’t pay until we win, and that includes the costs of gathering evidence to prove your claim.
Consultations are always free. Call us today to speak with our legal team and get your questions answered.
