9 Questions Nova Scotia Injury & Insurance Claim Clients Ask

9 Questions Nova Scotia Injury & Insurance Claim Clients Ask

Below is a list of some of the more common questions that are asked by our clients.

Do I Have a Claim?

If you have suffered a physical injury or incurred a financial loss that is the fault of someone else, chances are you have a claim for compensation. Some common examples of situations involving injury or financial loss include motor vehicle accidents and slip and falls on public or business premises. Or perhaps you have a loss and disability insurance or fire insurance will not respond. The simple solution: See a lawyer! Most lawyers that deal with injuries and insurance claims, including Kimball Law, offer free consultations.

Is my Injury or Claim a “Capped” Case?

In Nova Scotia, under the Insurance Act and Regulations, minor injuries are defined as a sprain, strain or whiplash associated disorder. For minor injuries that are the result of a motor vehicle accident, the Act limits (or ‘caps’) the compensation available for pain and suffering damages. Do not assume that your injuries are limited or capped even if that is what you are being told by an insurance company. If you suffered a sprain, strain or whiplash associated disorder, you may still be outside of the cap. An experienced personal injury lawyer can tell the difference.

How long will it take?

Legal claims for compensation are rarely settled quickly unless there are minimal injuries and loss. A quick settlement is not always in the client’s best interest, especially for personal injuries. Recovery may be slow and pain may be permanent. Still, most clients want a time estimate and Kimball Law recognizes this fact. We can advise you generally but, given the variable nature of injury claims, there may be no definitive timeframe. 

How do I get legal advice?

At Kimball Law, we provide a no-cost initial consultation to discuss your personal injury claim or a denial of disability insurance or other insurance coverage. If you believe your circumstances fit this criteria, don’t hesitate to schedule an appointment with us by filling out our free personal injury consultation form. You can call us by phone or write us via our site here. We have three locations to serve you and, if necessary, can arrange a house call or meet at another location.

Can I make a settlement?

The whole purpose of advancing a claim for personal injury or insurance coverage is to obtain compensation. So, if a reasonable and satisfactory settlement of your claim is possible, that should be pursued. A lawyer acting on your behalf is in the best position to advise you on what to do. We recommend you obtain legal advice as soon as possible. It is important to have a lawyer review the circumstances of your legal case to determine the appropriate compensation. Kimball Law believes in a two-track system in personal injury and insurance cases. This means that we prepare for trial while pursuing all avenues of settlement. This way, no time is lost if the adversary refuses sensible offers.

How much will it cost?

It is never easy to determine the ultimate cost of a legal case, but that does not mean your financial obligation cannot be estimated. If we are prepared to take your case, usually we will consider a “contingency fee” arrangement. This means there are no legal fees unless your case is successful. Then a percentage of the recovery is paid to the lawyer as outlined in the contingency fee agreement. Disbursements (actual expenses) are a separate matter and are payable out of the recovery. We discuss major expenses with you before they are incurred.

How do I pay?

Usually there will be a contingency fee arrangement, as mentioned above, in place to pay for the legal services. This means that you will not have to pay the lawyers at Kimball Law anything until the conclusion of your case either by settlement or after trial. Legal fees and expenses will be paid out of the settlement amount at the conclusion of the case. The government does charge HST on legal services and that will be paid out at the conclusion of your case as well.

What should I do if I am in an accident?

• Remain at the scene of the accident
• Take precautions to ensure your safety and that of others on the highway
• If there are any injuries, call 911 for an ambulance
• If traffic will be blocked by the accident vehicles or you believe a crime has been committed, call 911 for the police
• Exchange insurance and contact information with the other driver
• Obtain any witness’ contact information
• Be careful what you say to others at the scene
• File a police report
• Report the accident to your insurance company
• Do not give a statement to the other driver’s insurance company
• Make a record of the events
• Seek medical attention and follow the advice of the doctor
• Don’t share the details of your accident
• And most importantly, see a lawyer!

For more details about this, read 12 steps to take after an accident.