How Victim Can Determine Right To File Legal Claim Following Accident

The value of any accident victim’s claim gets decided by the bulk of the presented evidence. The judge and jury study that evidence and base their decision on the totality of the circumstances at the time of the collision.

The victim’s possession of documents can go a long way towards highlighting the same victim’s right to file a legal claim. A listing of such documents would include medical bills and any proof of a diagnosis made by a test. The money spent for scheduled medical or court appointments would get added to the list of significant documents. All of these papers should be shared with the injury lawyer in Edmonton, so that they can create strong claim for compensation.

Most of the insurance companies try to pressurize the accident victim for a quick settlement of a lower amount as compensation, as the companies are only interested in their profit. However, when they know that a lawyer is representing the victim, they try to settle the claim out of court so that it does not go on trial. This helps the victim get a better amount as compensation faster through negotiations.

Other factors that work to determine a victim’s right to file a legal claim

In Alberta, each injured driver will have a more valuable claim, if he or she has played no part in causation of the accidents. Residents of Alberta understand that the government will assess their part in causation of any given accident.

Lost wages contribute to the value of a claim. That would be both the wages lost at the present moment and also those that will be lost in the future, due to the nature of the victim’s medical condition.

Witness accounts can add to the value of a claim. Video footage from surveillance cameras can also increase a victim’s chances for obtaining a fair compensation. Of course, the court will determine the video’s full value.

Court-assigned damages have the largest influence over the victim’s right to file a claim. Exemplary damages, also known as punitive damages do not normally get assigned a value by the court. Still, an insurer might elect to utilize the exemplary damages.

Other factors controlled by the court

A victim’s pain and suffering claims get controlled by the court in Alberta. The existence of caps on pain and suffering gets recognized by the court, and plays a part in determining the victim’s right to file a claim. However, when the personal injury lawyer is representing the client, they will try to maximize the claim amount by proving all the evidence and documents. That is why it always helps to work with a legal professional.