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Ulysses101, Lawyer
Category: Canada Law
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Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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How much should I have on a settlement for my broken ankle

Resolved Question:

How much should I have on a settlement for my broken ankle in Alberta
Submitted: 8 years ago.
Category: Canada Law
Expert:  Ulysses101 replied 8 years ago.

Hello Olga


Where do you live?


How did you break your ankle?


Have you spoken to a lawyer about it yet?

Customer: replied 8 years ago.
I live in Calgary Alberta and I break my ancle on driveway (private property)
I dont wanto speak to a Lawyer yet, I just need to know how much I am entitled to, The Insurance is going to make me an offer.
Expert:  Ulysses101 replied 8 years ago.

Olga, personal injury law is something I can only give you general information upon here. Your claim against the insurance company is all about how much money you can reasonably prove that your injury cost you, after you show that the the defendant was negligent or somehow responsible for your injury.


If your lawsuit looks like it would be successful, you will usually be able to negotiate a settlement and recover money to compensate for general pain and suffering, loss of income, expenses like as prescriptions and travelling to and from your doctor, and for future loss of your income.

The amount of compensation you can receive will depend on how serious your injury is and how it has affected your life. The court will often take into account your age, whether you have any pre-existing injuries or conditions, and whether you somehow contributed to your own injury.


There are tight timelines for filing a claim. You mention that it was on private property, but I'm just making sure. If it was on municipally or federally owned property then go see a lawyer right away.


You should go see a personal injury lawyer as soon as possible. They advertise heavily so you won't need a referral. Many will charge you nothing until there's a settlement, and will be able to put you in touch with doctors and other professionals you might need for a complete diagnosis, which will be necessary for you claim.


It's difficult to give you an estimate of what you might earn. If you're a professional race car driver or dancer your claim for a broken ankle is much different than if you're retired.


Good luck Olga. Don't delay on seeing a lawyer.




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Customer: replied 8 years ago.
Thank you for your answer, My situation es different because my injury was because a negligence on the owner part, he knows that is why his insurance is going to make me an offer, I just need to know according to the Canada's Law how muy I should take. I'am a mature person (57) and I dont have any other injury in my leg of foot. Thank you.
Expert:  Ulysses101 replied 8 years ago.

There's no legal amount that the insurance company has to offer or that you have to accept, Olga. Clearly the time and money spent on negotiations gives the insurance company some incentive to make the offer reasonable. However, their job is to settle it out for as little as possible, of course. I'm sure you've heard the saying "never take the first offer". I'm not saying that you should reject it outright, but that you should go see a personal injury lawyer as soon as possible.


The company's offer is going to be based on what the typical court award is for people your age and income level and injury. Your lawyer will communicate back that the amount offered is ridiculously low, and the haggling begins.


Good luck.


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