Being involved in a car accident can be a stressful and overwhelming experience. In addition to dealing with physical injuries and property damage, you may also be facing lost wages and the complexities of car insurance claims. If you have been injured in a car accident in Alberta, and are unsure about how to proceed with a settlement offer, this guide is here to help.
Understanding Car Accident Settlements
Generally, car accident settlements are handled through a process known as "out-of-court settlements." This means that both parties involved in the accident, or their respective insurance companies, come to an agreement on a compensation amount to resolve the claim without going to court. It is when settlement negotiations break down that a party typically proceeds with a court action all the way up to trial.
What is a Fair Settlement Offer?
Determining a "fair" settlement offer can be subjective and depends on various factors specific to your case. However, here are some key considerations that can help you assess the reasonableness of an offer:
The severity of your injuries: The extent of your injuries, both physical and psychological, is a significant factor in determining a fair settlement. More severe injuries with longer recovery times and potential long-term impacts will generally warrant higher compensation.
Medical expenses: All past and future medical expenses related to your injuries should be factored into the settlement amount. This includes ambulance fees, physiotherapy and chiropractic treatment costs that are not covered by your insurance, other rehabilitation costs, and any anticipated future medical needs.
Lost wages: If you were unable to work due to your injuries, you are entitled to compensation for lost income. This includes both lost wages and any potential future earnings you may lose due to permanent disabilities.
Special damages: These include your out-of-pocket expenses for traveling to attend treatment, medications not covered by your insurance, approved treatment devices, and expenses incurred to restore your damaged property. Receipts / documents are typically required to substantiate these.
Pain and suffering: This is compensation for the physical and emotional pain and suffering you endured due to the accident. It is important to note that pain and suffering compensation can be subjective and vary depending on the specific circumstances of your case, and the courts’ prior decisions in cases similar to yours.
Negotiating Your Settlement Offer
It is crucial to remember that the initial settlement offer you receive from the insurance company is unlikely to be the final amount. You have the right to negotiate for a settlement that fairly reflects the full extent of your damages. Here are some tips for negotiating your settlement offer:
Gather evidence: Collect all relevant documentation, including medical records, police reports, repair estimates, and proof of lost wages. This evidence will strengthen your case and support your claims.
Understand your rights: Familiarize yourself with Alberta's car accident laws and your rights as an injured party. This knowledge will empower you during negotiations.
Seek legal advice: We strongly recommend consulting with a personal injury lawyer experienced in handling car accident cases in Alberta. A lawyer can advise you on the value of your claim, negotiate on your behalf, and ensure your rights are protected throughout the process.
Be realistic: While aiming for fair compensation, it's essential to be realistic about your expectations. Negotiation is a process, and reaching a mutually agreeable settlement may involve compromise.
Maintain clear communication: Communicate clearly and professionally with the insurance adjuster throughout the negotiation process. This includes being responsive to their inquiries and providing necessary documentation promptly.
Adu Legal: Your Trusted Law Firm Offering Services in Edmonton, Calgary, Red Deer and other locations in Alberta
If you have been injured in a car accident in Alberta, Adu Legal can help you navigate the complexities of car accident settlements and ensure you receive fair compensation for your damages. Our experienced personal injury law team will provide you with personalized legal advice, handle negotiations with insurance companies on your behalf, and fight for your best interests every step of the way.
Contact Adu Legal today for a free consultation to discuss your car accident case and explore your legal options.
Adu Legal (Law Firm)
Address: 10004 104 Ave NW 11th Floor, Edmonton, AB T5J 0K1, Canada
Phone Number: +1 780-938-6833
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