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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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When you sue someone after a car accident what do you sue for

Resolved Question:

When you sue someone after a car accident what do you sue for - eg. 1 million and then list what it is for or how does it work
Submitted: 5 years ago.
Category: Canada Law
Expert:  Tom B. replied 5 years ago.

Tom Bulmer :

Generally you do not sue for a dollar amount.

Tom Bulmer :

That is more of an American concept.

Customer:

What do you sue for then

Customer:

I can tell you the entire scenario if that helps any

Tom Bulmer :

You state what happened to you. You sue for things like pain and suffering, lost wages, loss of future income, long term care......

Tom Bulmer :

then a court decides what it is all worth. S

Tom Bulmer :

You can tell me sure.

Customer:

We were driving home from some friends place at 11:34 p.m. , on a country road, and at any uncontrolled intersection a 17 year old male failed to yield to the person to the right, who was myself. I hit the vehicle and both were written off. A young male was killled. It was deemed a no fault accident but now my daughter who was with us refuses to drive, my husband is having a hard time getting his work done and I can not open bottles, use a can opener very well, and have lost all of my patience. I was always told that if you were in an accident and had broken bones you should get some compensation. The other insurance company had called at one point and asked if I wanted to settle but would not elaborate on what they were talking about.
What should have actually happened? My insurance company paid for our vehicle, and our chiropractor and massages but that is all that happened.

Tom Bulmer :

What province are you in?

Customer:

I am in alberta

Tom Bulmer :

I am concerned that you have pending dates whereby you could lose any ability to do anything.

Tom Bulmer :

I am concerned you have an insurance company offer plus an adjudication of no fault on the facts you present. More...

Tom Bulmer :

You should not sign anything without talking to your own live lawyer. To that end, here is a link to the lawyer referral service. Call them and receive the names of a few lawyers in your are that will meet with you for free. Ask for Motor Vehicle Injury Lawyers.

Tom Bulmer :

http://www.lawsociety.ab.ca/membership/referral.aspx

Tom Bulmer :

Here is the rub......

Customer:

Yes I know, the insurance compnay offer was last year in march but them no other contact other then asking if i wanted to settle, no $ amount of anything. So do I have to file a statement of claim buy July 11 in order to get the insurance company to actually pay anything? the no fault thing was given by the R.C. M.P., The young man driving was given a ticket but went to court and won which was totally wrong due to the fact the he was driving with un

Tom Bulmer :

Personal injury lawyers often work on contingency. They look for high claim numbers that they can get a high percentage of. But, they are still lawyers and this site is a Law Society site. If you have a limitation period, you need to know that right away.

Tom Bulmer :

You would sue the insurance company and the other driver. You need to do both.

Tom Bulmer :

Although I hope I have assisted, there is no possibility that an online lawyer can resolve this. You must see a live lawyer and you must do it now if you are facing a limitation period.

Tom Bulmer :

The law society will give you a few names and you can see one or all for free. But, this is a step you must take.

Customer:

ok thank you for your assistance.

Tom Bulmer :

Please do this tomorrow.

Customer:

yes it is high priority

Tom Bulmer :

Good for you! Please accept my answer for my time.

Customer:

ok

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