Helping car accident victims rebuild their lives
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by Cuming & Gillespie Lawyers Breadcrumb Trail Links
Experienced, passionate lawyers negotiate maximum compensation
Author of the article:
Linda White • Postmedia content work
Published January 06, 2023 • Last updated 2 hours ago • 4 minutes read
It is always advisable to obtain legal advice from the start of an incinerator. GETTY IMAGES Content of the article
After Jenna Turner* was involved in a motor vehicle accident (MVA), she expected a speedy recovery. But after several months of treating soft tissue injuries and suspected concussion, she still had significant pain and concussion-like symptoms.
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When the at-fault driver’s insurance company contacted her, telling her that her injuries fell under Alberta’s minor injury regulations and offering her $3,000 in compensation, she took advice from a friend and sought legal counsel.
“I told her that the information she was given was incorrect and that she should not resolve her case until she has achieved maximum medical recovery,” said Maia Tomljanovic, a partner at Cuming & Gillespie Lawyers in Calgary.
“Until she spoke to me, she was unaware that a concussion or minor traumatic brain injury – which she was eventually properly diagnosed – would not fall under the minor injury regulations,” says Tomljanovic. The specialist lawyer for professional negligence, medical liability and personal injury acts exclusively for injured parties and their families, not for insurers.
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“She was also not advised that if her soft tissue injuries were not resolved with treatment within about six months, she would be entitled to seek higher damages.” Tomljanovic successfully settled the case out of court for a substantial six-figure sum and her client helped gain benefits that allowed her to maximize her recovery.
The case is not unique but underscores Cuming & Gillespie’s commitment to those who have been injured in an MVA or who have lost a loved one. “We have always considered our responsibility in terms of accepting any kind of damage claims to be twofold,” says Tomljanovic.
“First, we do everything we can to help our clients achieve 100 percent or, in many cases where this is not possible due to the severity of the injuries sustained, maximum medical recovery. The second part is to maximize their compensation so that at the end of the day they are fully compensated for what they went through and the losses they suffered.”
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If you are involved in an MVA, exchange information with the other drivers, contact the police, take photos at the scene of the vehicles involved, get contact information from witnesses, and report the incident to your insurance company. If you are a rideshare participant in an MVA, obtain information from the drivers of the vehicles involved and a copy of the police report.
Victims have two years from the date of negligence to file an MVA claim in Alberta court. GETTY IMAGES
“If you have any injuries — whether it’s pain or symptoms such as dizziness, nausea, vomiting, anxiety, and/or flashbacks — seek immediate medical attention and follow your doctor’s recommendations,” advises Tomljanovic.
Not every WIP with injuries warrants hiring an attorney and commencing litigation, but it’s always a good idea to seek legal advice from the start. Be prepared for the unexpected.
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“Road conditions contribute to more accidents at this time of year,” says Tomljanovic. “The majority of winter accidents tend to occur at lower speeds and with less impact. However, these factors do not necessarily result in less serious injuries.”
The benefits of getting legal advice early include a greater chance of retrieving relevant evidence, such as surveillance camera footage and witness statements.
However, you have two years from the date of negligence — the date of an MVA or the date of medical negligence — to file a claim in Alberta court.
(In an important exception, any child involved in an MVA or who sustains injuries as a result of medical treatment, either during birth or thereafter, has two years from their 18th birthday to file a lawsuit.)
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Cuming & Gillespie attorneys are experienced negotiators and litigators with a proven track record of successfully collecting compensation for their clients both inside and outside the courtroom. They resolve the vast majority of their MVA and malpractice claims out of court, thanks in part to their reputation with opposing attorneys and courts. Due to delays within the court system, clients benefit by reducing costs, delays and stress without sacrificing maximum compensation.
Cuming & Gillespie is a leader in personal injury and has received numerous awards including Corporate INTL’s Personal Injury Plaintiff Law Firm of the Year in Canada. Giving back is an integral part of corporate culture. Partner Craig Gillespie, for example, is a member of the board of MADD (Mothers Against Drunk Driving). Tomljanovic sits on the board of directors of the Alberta Civil Trial Lawyers Association and Cerebral Palsy Alberta.
The Firm accepts volunteer cases as needed and makes donations to many notable causes in Calgary and throughout Alberta. “It comes down to the importance of giving back and acknowledging the fact that many people need help,” she says. “We see that every day in our work.”
To learn more, visit www.cuminggillespie.com/services/personal-injury/car-accident/.
* Not the customer’s real name.
This story was created by Content Works, Postmedia’s commercial content division, on behalf of Cuming & Gillespie Lawyers.
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