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11-19-2018, 09:20 AM
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Join Date: Oct 2009
Posts: 467
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Vehicle accident/injury claim
Ok
So my daughter was in a car accident this weekend
Drunk guy hit her... wiped out her vehicle, ran from the scene.
So she is hurting pretty bad, no vehicle to get around... and just plain in a bad spot.
Any advice for an injury lawyer... should she get one... guy that hit her has same insurance company as us....
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11-19-2018, 09:41 AM
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Join Date: Apr 2009
Location: edmonton
Posts: 3,116
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First of all I'm sorry to hear about your daughters injuries and I hope she makes a full recovery.
It sounds like the case is pretty cut and dry as who's at fault so at least she wont have to deal with that crap. Was the other driver charged for driving drunk and leaving the scene of an accident? If so that will make things much quicker on the insurance end and the police report will go a long ways in her favor should she pursue legal action. Depending on her policy she may be entitled to a rental car while they sort out the mess.
Biggest thing at this point is to make sure she gets proper medical attention. If she was checked out at the ER also have her schedule a check up from her family doctor and ask for a copy of doctors report. Do not skip any follow up visits. If she needs physio then do it. If the insurance company recommends a certain doctor, see that one as well but also get a second opinion and document everything. Keep receipts for bandages, pain killers and anything related to the accident. If she need to take a cab while shes injured keep those receipts as well, missed work then keep track of hours. If its the same insurance company they will try to settle this as cheaply and quickly as they can from their perspective which may not result in the best care for your daughter.
I cant really give you advice on which lawyer to call but I would find one that does the free consult and take it from there. Of course the lawyer will push to file some legal actions but hopefully they can give you some honest advice as to how best proceed.
__________________
" Everything in life that I enjoy is either illegal, immoral, fattening or causes cancer!"
"The problem was this little thing called the government and laws."
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11-19-2018, 10:08 AM
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Join Date: Apr 2008
Location: alberta
Posts: 1,959
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keep a daily diary and make sure she records the pain and inconvenience in detail
read the above
read the above
read the above
if you follow this is will double your recovery dollar amount
Cement Bench
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11-19-2018, 11:34 AM
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Join Date: May 2008
Location: Calgary
Posts: 519
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Quote:
Originally Posted by Cement Bench
keep a daily diary and make sure she records the pain and inconvenience in detail
read the above
read the above
read the above
if you follow this is will double your recovery dollar amount
Cement Bench
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x100
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11-19-2018, 11:50 AM
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Join Date: Dec 2008
Posts: 405
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The injury lawyers take 35% plus other expenses ,insurance companies know what a fair offer is > listen to what they offer and you can counter offer before you talk to an ambulance chaser . Once you speak to a lawyer the insurance wont offer or talk to you .
Depending on her injuries and time off work etc ,they look at rehab ,vehicle coverage which is paid out immediately .The rest is all based on time healing and long term health issues . Don't rush it you have 2 years to make a claim.
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11-19-2018, 12:05 PM
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Join Date: Dec 2008
Posts: 1,025
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bluetic; I disagree, I did hire a lawyer (same one I used for our wills, estate stuff etc.) by the hour in dealing with All State, (other guys Insurer), worked great for me. All State were very reluctant to deal with the "team", they started on the wrong foot with me by low balling my injuries and bike, helmet, time off work etc. but did come around to a reasonable dollar figure, in the end. I had to realize that my legs would never be my own again, and stuff would be different. But still to this day 25 years later I suffer the consequences of other drivers inattention.
And as stated above document everything, read your policy and what you are covered for, document everything, get the treatment you need, and don't rush things, document everything, did I say document everything? I used my family Doc. as a basis and stating point, asked for the referrals to Ortho, Physio's, chiro's, etc.
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11-19-2018, 12:07 PM
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Join Date: Aug 2008
Location: CNP
Posts: 3,760
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Quote:
Originally Posted by bluetick
The injury lawyers take 35% plus other expenses ,insurance companies know what a fair offer is > listen to what they offer and you can counter offer before you talk to an ambulance chaser . Once you speak to a lawyer the insurance wont offer or talk to you .
Depending on her injuries and time off work etc ,they look at rehab ,vehicle coverage which is paid out immediately .The rest is all based on time healing and long term health issues . Don't rush it you have 2 years to make a claim.
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You are giving FREE legal advice on a outdoors forum. It is worth what you're charging and I don't say that to belittle you. Lawyer consultation would be in the Op's best interest.
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You are what you do, not what you say.
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11-19-2018, 12:53 PM
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Join Date: Dec 2008
Posts: 405
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Quote:
Originally Posted by lannie
You are giving FREE legal advice on a outdoors forum. It is worth what you're charging and I don't say that to belittle you. Lawyer consultation would be in the Op's best interest.
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I don't say never talk tp a lawyer ,look at the offer first !
then decide what is the plan of action .
There is a difference with having your own lawyer on hand and an injury lawyer .
injury lawyer will give a free consult yes ,after that they work for themselves not for you .
I had an injury lawyer , they took more than I received for my injuries I suffer with today.
Total scam.
If you want to retain a personal lawyer well that is a different ballgame .
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11-19-2018, 03:34 PM
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Join Date: Oct 2014
Location: NW Alberta ....
Posts: 659
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Sorry to hear about your girl, hope that she makes a speedy and complete recovery.
My daughter experienced something very very similar to this case and the absolute BEST thing we did was have her insurance affairs dealt with by the family Lawyer. Do this 110%
__________________
Who is John Galt?
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11-19-2018, 11:06 PM
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Banned
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Join Date: Nov 2015
Posts: 1,006
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Its amusing to see people assume the first thing you need is a lawyer. First the lawyer wont help sort out issues with the car.The lawyer wont take your daughter to physio.
A lawyer is only needed if there is a lasting injury of which you wont know for the next 12 to 18 months.
If pain is persisiting at the 18 month mark get a lawyer to handle the lawsuit. All a lawyer will tell you is go to a dr. Keep records and go to physio.
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11-20-2018, 04:24 PM
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Join Date: Sep 2008
Location: Near YVR
Posts: 1,237
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Consult with a lawyer...
They will generally give you a 30 minute consultation with options.
The first phone call will likely be with an associate and they will then determine if this claim is worth the 30 minute consult.
That has been my experience in the past anyways.
If your daughter is under the age of 18 they will not settle the claim till she does turn 18.
Again, these two bits of advice are from what takes place in BC.
Most importantly though, it is good to hear your daughter is still with us .
There are those who have not been so lucky.
Bravo to catching the bad guy too.
Rob
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11-20-2018, 04:53 PM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,071
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Quote:
Originally Posted by R3illy
Its amusing to see people assume the first thing you need is a lawyer. First the lawyer wont help sort out issues with the car.The lawyer wont take your daughter to physio.
A lawyer is only needed if there is a lasting injury of which you wont know for the next 12 to 18 months.
If pain is persisiting at the 18 month mark get a lawyer to handle the lawsuit. All a lawyer will tell you is go to a dr. Keep records and go to physio.
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Did you miss the fact that the OP was asking for advice about an injury lawyer?
You find amusement in the strangest places.
Here-
Quote:
Originally Posted by pa_of_6
Ok
So my daughter was in a car accident this weekend
Drunk guy hit her... wiped out her vehicle, ran from the scene.
So she is hurting pretty bad, no vehicle to get around... and just plain in a bad spot.
Any advice for an injury lawyer... should she get one... guy that hit her has same insurance company as us....
Sent from my iPhone using Tapatalk
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__________________
Only dead fish go with the flow. The rest use their brains in life.
Originally Posted by Twisted Canuck
I wasn't thinking far enough ahead for an outcome, I was ranting. By definition, a rant doesn't imply much forethought.....
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11-20-2018, 07:59 PM
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Banned
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Join Date: Jun 2016
Posts: 3,666
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Quote:
Originally Posted by pa_of_6
Ok
So my daughter was in a car accident this weekend
Drunk guy hit her... wiped out her vehicle, ran from the scene.
So she is hurting pretty bad, no vehicle to get around... and just plain in a bad spot.
Any advice for an injury lawyer... should she get one... guy that hit her has same insurance company as us....
Sent from my iPhone using Tapatalk
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Got the same questions myself. My wife was in a head on collision last year. Thankfully she is still here but she has been going to physio therapy weekly. The other insurance company came with a over of $8000 or so. She has been keeping notes on how she feels and her limitations since the accident.
My way of figuring on my wife's situation is at 46 she has a lot of living yet with the aches and pains she has. $8000 offer for settlement is a drop in the bucket for the pain and suffering she'll have to endure for the rest of her life.
My question is it better to pay the lawyer hourly or have him work on percentage?
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11-20-2018, 10:13 PM
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Join Date: May 2007
Posts: 3,963
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PI is a third of my practice. Hire me and you can sue me.
Follow the advice here, and you can just regret it later.
The Minor Injury Regulation in the Insurance Act for WAD 1 & WAD 2 injuries was amended this year.
I know I know I know. WHAT'S A WAD???
PM me and I will give you some very important time lines in relation to diagnosis of an injury all too often overlooked even by Physicians.
Miss the time limit for diagnosis, and you may end up eating through a straw with little or no recourse for what has happened to you.
Drewski
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11-20-2018, 10:55 PM
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Banned
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Join Date: Nov 2015
Posts: 1,006
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Quote:
Originally Posted by Ken07AOVette
Did you miss the fact that the OP was asking for advice about an injury lawyer?
You find amusement in the strangest places.
Here-
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You missed my answer on the injury lawyer portion... because you missed it you dont need a lawyer immediately after an accident.
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11-20-2018, 11:27 PM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,071
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__________________
Only dead fish go with the flow. The rest use their brains in life.
Originally Posted by Twisted Canuck
I wasn't thinking far enough ahead for an outcome, I was ranting. By definition, a rant doesn't imply much forethought.....
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11-21-2018, 02:49 PM
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Join Date: May 2007
Posts: 3,963
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Thank you Ken.
Trouble is that the Insurance Industry got some attention from the Government about the issue of Pain lasting more than 3 months being "Chronic Pain" and outside the Minor Injury Cap.
The NDP of course cannot hit the hornet's nest too hard before an election, for fear of the Insurance Industry supporting another Party than the NDP.
So we sit and wait about nervous shock, TMD, etc, that was the target of the latest amendments to the Minor Injury Regulation.
Drewski
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