• Review of accident facts, liability, injuries suffered, and the claims available to you
• Advice regarding No-Fault and other benefits
OPEN FILE IF RETAINED
• Administrator, Motor Vehicle Accident Claims Act
• City or Municipal District
• Opposing insurance company
• SEF 44 Insurer
• Minister of Infrastructure
UPDATE MEETINGS – every 3 – 4 months
• Review medical treatment and functional restrictions
• Review expenses, income, and other losses
INFORMATION GATHERING and TREATMENT
• Police Collision Report and file
• Motor vehicle ownership searches
• Witness statements
• Hospital records
• Doctor’s, Physiotherapist’s, and Chiropractor’s treatment notes/medical reports
• Alberta Health Care Statement of treatment paid by them (list of Doctors).
• Section B benefits file
• Tax returns and income loss details
ISSUE AND SERVE STATEMENT OF CLAIM
• Prepare and file Statement of Claim; limitation period can be 1 year for claims against your own insurer, and 2 years for claims against other drivers, with exceptions (Minors, Dependent Adults, etc).
RECEIVE STATEMENT OF DEFENCE
• If no Statement of Defence is filed, or if a Demand of Notice is filed, note Defendant in default. Provide notice to Administrator, Motor Vehicle Accident Claims Act. Apply to Court for assessment of damages or final judgment.
PREPARE AFFIDAVIT OF RECORDS
• Prepare client
• Conduct Questioning of other side
• Attend at Questioning of client
• Answer undertakings given at Questioning
QUESTIONING ON ANSWERS TO UNDERTAKINGS
ASSESSMENT and NEGOTIATIONS – can occur at various points in time
• Order medical reports and treatment charts once “maximal medical improvement” is reached, meaning that the injury is well stabilized and unlikely to change substantially in the next year with or without treatment,
• Research the applicable law; quantify damages
• Attempt to settle claim
DEFENCE MEDICAL EXAMINATION
• Videographer present at our request
• Judicial or private
• Prepare for trial and brief witnesses
• Conduct trial
• If judgment is in your favour, prepare Judgment Roll and Bill of Costs, obtain payment from Defendant’s insurer, or apply for payment from the Motor Vehicle Accident Claims Fund. If your SEF 44 policy was accessed, obtain payment from your insurer. Pay out any subrogated claims. Pay our account. Pay balance to yourself. In some circumstances a structured settlement may be to your advantage. File Acknowledgement that Judgment or Order has been satisfied.
This Personal Injury Claims Process worksheet was created by Kubitz & Co.