Personal Injury FAQ

Personal Injury 
Frequently Asked Questions

We are your Lethbridge Personal Injury Lawyers.  

Been in an accident? Unsure of what your next steps are, or who you can trust? Let us find solutions that will improve your health and get you the compensation you deserve. Give us a call or contact us using the form below to set up a free consultation meeting about how to move forward. 

At LETOURNEAU LLP, we can assist you with any of the following:

• Car accidents;
• Truck accidents;
• Motorcycle accidents;
• Pedestrian / vehicle accidents;
• Cyclist / vehicle accidents;
• Slip and fall accidents;
• Brain and severe spinal injuries;
• Claims with underinsured or uninsured drivers; and
• Hit-and-runs.

Learn more about John McMullin. 
 1. What should I do right after an accident? 

I was injured in a motor vehicle accident. What should I do?

1. Report your accident to the police. You are required to report any accidents to the police where a party is injured, the damage looks like it is greater than $2,000.00, if any vehicle involved is no longer driveable, or if one party does not have a driver’s license or proof of insurance. 

Failure to report your accident to the police could affect your ability to claim for damages and may result in fines or demerit points.

2. Exchange information with the other driver. If possible, get the license plate number, make, model, and year of the vehicle that hit you. Get the driver’s license number, name, and address of the driver. Pictures of the other party’s driver’s license and registration are helpful, as are pictures of the accident.

The Alberta government provides a sample list of information to acquire here.

If you are the victim of a hit-and-run accident, make sure you do everything you can to try and find the operator and owner of the vehicle that hit you. Make sure you get contact information for any witness of the accident, vehicle descriptions, driver description, and full or partial plates. If you do not do everything you can to obtain information on the identity of the driver, you may potentially lose the ability to claim damages for your injuries.

If you are the passenger in a vehicle, you should still attempt to get this information, especially if you are a passenger in a taxi, Uber, or other paid transport.

3. Seek medical attention. Go to a doctor as soon as possible after an accident. Make sure you fully describe the nature of the accident and your injuries.

Plan on seeing your doctor often, as your doctor may vary your treatment depending on how your healing progresses, and some injuries do not become apparent until some time after the accident.

4. Contact your insurer. Your own automobile insurance is responsible for paying for some of your treatment. Tell your insurer about the injuries you are aware of, and when the injuries occurred.

If you have your own car insurance, you are entitled to have your treatment paid for. This treatment should be recommended by your doctor but typically includes physiotherapy, psychological care, required dental care, and limited chiropractic, massage, and acupuncture treatment.

5. Take lots of photographs, save your receipts.  

6. Contact a lawyer. The lawyers at LETOURNEAU LLP can help you with aspects of your claim and will work to make sure your injuries are identified, treated, and compensated. 

The information on this website is for information purposes only and should not be construed as legal advice.  


2. What deadlines do I need to know about?

The most important deadline for your motor vehicle accident is the two-year limitation. This means that if you do not have a document called a Statement of Claim filed with the Court within two years of the date of your accident, your claim cannot proceed. It is essential that your claim be filed in time.

Once your Statement of Claim is filed, you have one year to serve it on the person or corporation you are suing.

Another important deadline is the 90 day time limit to advise the government if you are involved in a hit-and-run accident. The Alberta Motor Vehicle Accident Claims Fund (MVAC) will pay out up to $200,000.00 for accidents where the driver is unknown. However, if MVAC is not notified of your claim within 90 days of the accident, they can deny your claim if the delay affects their ability to investigate.

It is important to attend to treatment with a physiotherapist or chiropractor as soon as possible. Insurance companies often try to reduce the amount of your claim if you wait to seek treatment. There are other deadlines that come up in a personal injury matter as you move through the process.

Contact John McMullin at LETOURNEAU LLP or fill out our form below to come up with a plan to solve your personal injury problems.

The information on this website is for information purposes only and should not be construed as legal advice. 


3. How do my old injuries affect compensation from my accident?

The insurance company will try to use old injuries to lessen or deny you compensation.

However, they are required to pay you for:

1) Any new injuries suffered because of the Accident; and
2) Aggravation of any old injuries caused by the Accident.

Previous injuries are often made worse after the trauma of a motor vehicle accident. You can ask for funds to make up the difference between where you are because of the accident and where you would be otherwise.

If you had an injury that was going to become worse regardless of the accident, you cannot claim for compensation due to that injury. For example, if you had a degenerative spinal disease at the time of the accident, and the disease progresses normally, you cannot ask for compensation for that disease.

Call LETOURNEAU LLP or fill out our online contact form below to ensure you hire a lawyer that can get the right experts to determine the extent of your injuries and maximize your compensation for them. 

The information on this website is for information purposes only and should not be construed as legal advice. 


4. Who pays for my treatment after an accident?

Usually, your own insurance company pays for your treatment through what are called Section B benefits. You can find more information about Section B benefits here.

There are a few rare exceptions:

1. If you are a pedestrian and are hit by a vehicle, the driver’s insurance company will provide you Section B benefits.

2. If you are injured while operating a motor vehicle without insurance, no insurance company is responsible for your Section B coverage. Contact our office; payment for your treatment may still be possible.

Section B benefits are paid after other insurance you have, such as Blue Cross through your workplace. For example, if you visited a physiotherapist, your Blue Cross covered 80% of the visit, and the visit cost $100.00:

1. Your Blue Cross would pay $80.00;
2. You would pay $20.00;
3. You would submit your receipt to the Section B provider, who would then reimburse you $20.00.

Our office can assist with complicated Section B issues. Contact us today to set up a free consultation to learn about your rights.

The information on this website is for information purposes only and should not be construed as legal advice. 


5. What does my own insurance do after an accident?

Your insurance company has two roles after your accident:

1. Pay for your treatment for two years from the date of the accident, or up to $50,000.00 in costs, whichever comes first; and
2. Settle any property issues from your accident.

Your own insurance company now provides you with compensation for property damage after an accident where you are not at fault.  This is called direct compensation for property damage.

Paying for treatment is more complicated. Treatment for your injuries is covered under what are called Section B benefits.

Section B benefits are benefits included in every Alberta motor vehicle insurance policy that help with paying for treatment for your injuries.

Section B covers all reasonable expenses incurred two years from the date of the accident. This means all necessary medical, surgical, chiropractic, dental, hospital, psychological, physical therapy, occupational therapy, massage therapy, acupuncture, professional nursing and ambulance services, and in addition, for other services and supplies that are, in the opinion of the insured person’ attending physician and in the opinion of the Insurer’s medical advisor, essential for the treatment or rehabilitation of the injured person, to the limit of $50,000 per person.

Section B is only required to pay out $1000 for chiropractic services, $350 for massage therapy, and $350 for acupuncture. If you have extended healthcare benefits, such as Alberta Blue Cross from your employer, you are required to exhaust your healthcare benefits first before Section B will pay for treatment.

If you had been previously employed for 6 of the last 12 months and are unable to work because of your accident, or if you were not working before the accident but are unable to perform any of your household duties, Section B may also provide some total disability benefits. Occasionally, your insurance company may fail to pay for your required treatment through Section B benefits. If you have other insurance coverage for your accident, such as employment benefits, your other benefits have to be used before your Section B benefits.

If you otherwise disagree with the coverage your insurance company is offering, a lawyer may be able to assist you in getting the coverage you need. Contact LETOURNEAU LLP for a free consultation to talk about your benefits and other aspects of your accident. 

The information on this website is for information purposes only and should not be construed as legal advice. 


6. What can I be compensated for in my accident? 

Motor vehicle accidents are often a night-and-day situation: your life after the accident is extremely different than your life before the accident.

The Courts have recognized that there are many ways you can be affected by an accident that deserve compensation. Things you can be compensated for include:

• Pain and suffering, known as general damages

For example, a person who has become paralyzed because of an accident is due more for pain and suffering than someone who has suffered whiplash. Mental injuries, concussions, dental injuries, are included when calculating a general damages award.

• Past and future loss of income

Taking time away from work is normal after a car accident, and compensable. If you have had to take time away from work for treatment, or if you are unable to work, you can claim those amounts from the insurance company. LETOURNEAU LLP will conduct in-house assessment or refer your matter to experts, (economists, accountants, occupational therapists, etc.) to determine how the accident has affected your ability to work in the future.

• Loss of earning capacity

Your ability to work can be affected by a motor vehicle accident. This ability has been recognized by Alberta Courts as a loss worth compensation.

• Loss of housekeeping ability

An accident’s effect on your ability to lift, turn, bend, and move without pain can keep you from maintaining your home in your usual manner. You are entitled compensation for this loss, including amounts paid to third parties for yard and homecare as a result of the accident.

• Past and future costs of your care.

While we hope all our clients make a complete recovery from their accidents, it is often the case that further care is needed. Rather than wait to settle the matter until treatment is complete, LETOURNEAU LLP will work to get you the funds you need to continue your treatment. Costs of treatment that are not covered by your own insurance can also be claimed.

The information on this website is for information purposes only and should not be construed as legal advice. 


7. What do I do after a Hit and Run?

If you are the victim of a hit-and-run accident, make sure you do everything you can to try and find the operator and owner of the vehicle that hit you. Make sure you get contact information for any witness of the accident, vehicle descriptions, driver description, and full or partial plates. Report the matter to the police immediately. If you do not do everything you can to obtain information on the identity of the driver, you may potentially lose the ability to claim damages for your injuries.

If you are the passenger in a vehicle, you should still attempt to get this information, especially if you are a passenger in a taxi, Uber, or other paid transport. You cannot count on the driver to get this information for you, and are still required to do what you can to identify the other vehicle.

You should also give notice to the Motor Vehicle Accident Claims Fund (MVAC) within 90 days of the accident. MVAC is responsible for paying up to $200,000.00 in damages for accidents where the driver of the other vehicle cannot be identified.

If you don’t give notice within 90 days, MVAC may be able to deny your claim if their ability to investigate the accident has been compromised.

If your injury is severe enough, you may need to involve your own insurance company. Usually your own insurance policy has SEF 44 coverage. This coverages means that if you are hit by a driver without insurance or who is underinsured, you can claim additional funds from your own insurance company up to the limit on your policy.

John McMullin at LETOURNEAU LLP has experience dealing with both MVAC and SEF 44 claims. Contact our office for a free consultation.

The information on this website is for information purposes only and should not be construed as legal advice. 


8. What is a minor injury? 

A minor injury is one in which the compensation for the injury is limited by law to a certain amount for pain and suffering.

For the year 2023, the minor injury cap is $5,817.00.

A “minor injury” is a sprain, strain, or whiplash injury (often referred to as a whiplash-associated disorder, or WAD) suffered in a car accident that does not result in serious impairment. Note the Alberta government has clarified that some psychological and temporomandibular joint (TMJ) injuries, or jaw injuries, should be classified as minor injuries.

A serious impairment is when an injury substantially interferes with your employment, education, or normal routine activities, such as hobbies or housekeeping.

If you have suffered a minor injury, costs not related to the pain and suffering caused by the accident, such as payments for treatment and days taken off work, can still be recovered in addition to amounts for pain and suffering.

When there is relevant neurological damage, a WAD injury is not considered minor. It is often difficult to determine exactly whether an injury is considered to be minor or not, especially right after the accident. Contact the team at LETOURNEAU LLP to discuss how to determine whether
your injuries are minor and what steps to take going forward.

The information on this website is for information purposes only and should not be construed as legal advice. 


9. How does my accident lawyer get paid?

Usually an accident lawyer is hired on a contingency basis. This means they take a certain percentage of the funds you receive through settlement or that a Court orders. If your matter doesn’t succeed, the lawyer doesn’t get anything for their fees.

This means that your lawyer is also invested in getting the highest dollar amount back for your accident. Working without payment up front also means that you don’t need to worry about the length of time it takes for your matter to get resolved; you and your lawyer can make the best decisions for your case without you having to stress about them running out of money.

At LETOURNEAU LLP we offer contingency fee arrangements for personal injury cases because we believe in our ability to get you the best settlement possible. Call us or fill out the contact form below to begin working together to resolve your claim.

The information on this website is for information purposes only and should not be construed as legal advice. 


10. How much will I be paid for my accident?  

Everyone wants to know how much they can be compensated for their accident. While each case is different, we’ve collected a few examples below:

McBurney v Levesque, 2019 BCSC 1897, [2019 ] BCJ No. 2112
Richard Sebastian McBurney suffered from concussion, soft tissue injuries to his neck and upper back, along with headaches, dizziness, disrupted sleep, and difficulty concentrating that resolved within eighteen months and two years. He was awarded:

1. $50,000.00 in general damages;
2. $1,190.00 for past wage loss; and
3. $6,184.00 in special damages.

Sutherland v. Encana Corporation, 2014 ABQB 182
Teresa Sutherland suffered a head laceration, concussion, depression, PTSD, sleep issues, headaches, TMJ, chronic pain, and low back pain as a result of a rear end collision where she was stationary and the other car was moving over 100 km/h. She was awarded:

1. $135,000 general damages;
2. Past loss of income to be calculated;
3. Lost opportunity to be calculated;
4. $40,000.00 for loss of earning capacity;
5. $25,000.00 for past and future loss of housekeeping capacity;
6. $17,500.00 for cost of future care; and
7. $1,934.37 for special damages.

Meehan v Holt, 2010 ABQB 287, [2010] AJ No 603
Debra Hogan suffered headaches, back pain, neck pain including torticollis, jaw pain, shoulder impingement, and numbness in her hands after a motor vehicle accident. The trial judge found there was learned illness behaviour, but awarded the following:

1. $90,000 general damages;
2. $40,000.00 for past loss of income;
3. $50,000.00 for loss of earning capacity;
4. $1,000.00 for loss of housekeeping capacity;
5. $39,570.14 for past cost of care; and
6. $27,265.00 for future cost of care.

Russell v Turcott, 2009 ABQB 19, [2009] AJ No 144
Laura Russell suffered pre-existing depression and anxiety. As a result of the accident, the she also suffered whiplash injuries, headaches, significant anxiety, TMJ pain, chronic pain syndrome, and fibromyalgia. She was awarded:

1. $115,000.00 for general damages;
2. $155,000.00 for past loss of income;
3. $100,00.00 for loss of future earning capacity;
4. $105,000.00 for cost of future care;
5. $43,300.00 for past loss of housekeeping capacity;
6. $25,000.00 for future loss of housekeeping capacity; and
7. Special damages of $15,500.00.

Wensel v Calgary (City) 2007 ABQB 229, [2007] AJ No 402
Marlene Wensel was rear-ended by a City of Calgary bus. She suffered a soft tissue injury and a mTBI (concussion) “at the mildest end of the spectrum of such injuries.” She was awarded:

1. $35,000.00 in general damages;
2. $10,000.00 for loss of earning capacity; and
3. $4,109.85 in special damages.

Ali v Padam, 2017 BCSC 1849, [2017] BCJ No 2057
Nazreen was a passenger that was struck by a left-turning commercial van. She experienced a disc bulge and annular tear in her lumbar spine (tear in ligaments connecting her spine). This caused her pain to the point where she often used a wheelchair or crutches. She also experienced depression and PTSD. Her injuries initially appeared mild and to resolve in a week or two. She was awarded:

1. $180,000.00 in general damages;
2. $114,500.00 in past loss of inome;
3. $450,000.00 for future loss of income;
4. $43,200.00 for cost of future care; and
5. $1,579.19 for special damages.

Prosser v 20 Vic Management Inc., 2009 ABQB 177, 535 AR 92 (aff’d in Prosser v. 20 Vic Management Inc., 2010 ABCA 57)
Brenda Cherry tripped over a fence leg at a mall entrance. She suffered increased lower back pain including disc herniation, chronic pain, and sacroiliac joint problems as a result. She was awarded:

1. $100,000.00 general damages;
2. $50,000.00 for loss of earning capacity;
3. $54,500.00 in special damages;
4. $36,500.00 for loss of housekeeping capacity; and
5. $90,000.00 in costs of future care.

These damages were reduced by 50% as the trial judge ruled that Ms. Cherry had contributed 50% to the accident.

Baker v Poucette, 2016 ABQB 557, [aff’d in Baker v Poucette, 2017 ABCA 344, 60 Alta LR (6th) 39).
Mr. Baker was killed in a motor vehicle accident. His wife and child received the following:

1. Bereavement damages of $75,000.00 for Ms. Baker and $45,000.00 for the child ($82,000 and $49,000.00 for 2022 legislation);
2. Damages for loss of dependency to be calculated to age 66.9;
3. Damages for loss of household services to be calculated; and
4. Special damages of $11,969.58
These amounts were reduced 25% because of Mr. Baker’s role in causing the accident.

The information on this website is for information purposes only and should not be construed as legal advice.


Testimonials

LETOURNEAU LLP and John McMullin are dedicated to ensuring their clients understand the case and are kept updated on all proceedings. Clients consistently describe John in reviews on google.ca as a clear communicator who gets the results his clients need:

Stephan Rosger
If you've been injured in a car accident, call John McMullin at LETOURNEAU LLP. He checks all the boxes: communication, experience, knowledge of Alberta accident law—above all, he's just a good guy that cares about your recovery journey. My insurance denied coverage causing a great deal of anxiety and uncertainty. He was able to reverse that decision, and has been a great advocate in my recovery since day one. There's still a lot of work to do, but I know I'm in good hands.

Shane McMullin
I hired John McMullin after being injured in a motor vehicle accident. He was extremely helpful in getting me treatment for my injuries and getting a very fair settlement. Overall I had an excellent experience at LETOURNEAU LLP and would highly recommend them to anyone in need of a Lawyer.

Kayla Germanotta
I hired John McMullin after I was in a car accident. It was hard dealing with the stress of all my injuries. John helped so much with making a plan for how I could get treated and how to get me a good settlement. He was always available when I needed to talk to him and helped me through some tough spots. Very happy with my personal injury experience here. All around very wonderful and friendly staff here!! Highly recommend going here !!

Caroline Ross
“John McMullin was absolutely wonderful! He's very professional and empathetic. Anyone looking for a great personal injury, or estate lawyer should call John. My husband lost his mother tragically, and we had to figure out tough estate decisions, and had many questions related to the car insurance claim. John was amazingly attentive. He was there for us every step of the way. He was always quick to respond if busy. He explained everything thoroughly and made sure we always knew what was going on. John got us a great settlement.”

Vicky Gordon
“I have had a recent legal matter and John McMullin did a GREAT job for me”

Penny
“I had a tight time frame in which to respond to a matter in civil court. John McMullin’s team provided concise and informative guidance and went above and beyond the call of duty to review and file my documents in advance of the court date. I plan to retain them for future business.”

Janice McColman
“I enlisted John McMullin to help me with a legal matter. He was very professional right from the initial phone call , down to the settlement. John kept me well informed in every step of my case. He worked hard for me and got me the results I needed in good time. I would highly recommend John and this law firm!! Thank-you John, for everything YOU ARE THE BEST”

Josh Engen
“John did a fantastic job, worked very professionally and got us our case.”

Z O
“John McMullin is a remarkable lawyer. At the beginning of my legal proceeding, I managed myself but found that I needed someone to talk to about my case, and to help me with legal documents, so I hired John McMullin. He was forthcoming, very helpful, polite, respectful and empathetic. Having someone like John reduces the mental burden I had to bear because I understood things clearer. Also, the rest of their teams were very accommodating and hospitable. I will be coming back to Letourneau if I ever need anything legal done in the future. Thanks LETOURNEAU LLP!!!”

Gareth Grant
“Talking to John McMullin really helped me figure things out in a tough time. I was in a difficult situation after an assault where I didn't know what my legal options were. John took the time to really break down what was going on legally. He was respectful and knowledgeable and I will recommend him
everytime!”

Sam Yam
“LETOURNEAU Law was professional and speedy on helping me with my legal matters. I appreciate their responsiveness to my needs, especially John McMullin, and his advice and counsel was sound. He also helped me with legal terminology and proceedings, all of which I am unfamiliar with.”

Colleen Bergen
“John McMullin was very kind and communicated clearly! Took the time to answer my questions. He was willing to help. So grateful for his kindness.”

Gerald Bowser
“I had several things delt with at this firm and was very impressed on the speed at which things where done and the professionalism of the staff that handled my matters. I would highly recommend John McMullin and his team.”

Aline Wenisch
“John at LETOURNEAU Law was a huge asset in our case and was always available for any questions, updates and direction. Thank you for your professionalism!”

Suzanne Ross
“I went through a tough time when my mother was killed in a car accident and the team at LETOURNEAU LLP could not have been more helpful. I had a lot of questions about her estate and they answered them all. They also wrapped up my claim against the driver's insurance company. I worked with John McMullin, who was great. Thanks LETOURNEAU!!!”

Hanna Jensen
“Worked with John McMullin, great lawyer, he gets things done as painlessly and as quickly as possible! Excellent law firm to go to.”


Learn more about John McMullin. 


The information on this website is for information purposes only and should not be construed as legal advice.


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