How
do I know if I have a claim?
If, through no fault of your own, your life has been affected in any way
by a personal injury or the death of a loved one, you may have a claim
which deserves compensation. If you feel you may have a claim and would
like to discuss your options, call us at 1-888-531-7771 or 532-7771. We
will gladly answer any questions you may have – at no charge.
How
will my claim be handled and what is the process?
At Kay McVey Smith & Carlstrom LLP, the first step is a no-cost, one-on-one
consultation with a member of our personal injury team. Your lawyer will
assist you through each step of the process and will handle all negotiations
with the insurance adjusters and defence lawyers on your behalf.
Will
I have to go to Court?
Over 95 per cent of personal injury claims settle without
the necessity of a trial. Our personal injury lawyers are trained in various
negotiation techniques including formal mediations and Judicial Dispute
Resolution. We will explore every possible avenue to secure full compensation
for your injuries and losses without going to Court. In the unlikely event
that a satisfactory settlement is not possible prior to trial, our proven
litigation track record is your assurance that your interests will be
protected in the courtroom.
What
are mediation and Judicial Dispute Resolution?
Both are settlement tools designed to resolve disputes without trial.
“Mediation” is an informal meeting between the parties with
the assistance of an independent mediator. “Judicial Dispute Resolution”
is a similar process except that a Superior Court Judge acts as the mediator.
We are experienced with the various forms of alternate dispute resolution
which can help provide you with the compensation you deserve.
Who
do the insurance adjusters represent?
If you are involved in an accident, the responsible party's insurance
company will hire an insurance adjuster to investigate. Insurance companies
expect adjusters to reduce the cost of injury claims by settling claims
as inexpensively as possible. An adjuster
is not acting in your best interest. If you are presented
with a settlement offer by an adjuster, we recommend that you immediately
discuss your claim with a member of our personal injury team to determine
whether the compensation you are being offered is fair. We
will act in your best interests at all times.
What
will the value of my claim be?
We know that money won’t fully make up for the experience you have
been through, but you can ease the financial burden that comes with a
devastating injury or the loss of a loved one. The intent of the law is
to compensate you for your suffering, as well as past and future financial
losses.11. What are the different types of settlements?
Most claims are settled with a lump sum payment. However, in severe injury
cases, our team will work with you to determine the most appropriate settlement
for your needs. We have assisted many clients in establishing structured
settlements. These provide ongoing payments over the course of a client's
life and offer significant tax savings.
What
are the different types of settlements?
Most claims are settled with a lump sum payment. However, in severe injury
cases, our team will work with you to determine the most appropriate settlement
for your needs. We have assisted many clients in establishing structured
settlements. These provide ongoing payments over the course of a client's
life and offer significant tax savings.
How
many trial lawyers are on staff?
Our team of personal injury lawyers is comprised of three trained litigators
assisted by able and experienced support staff.
Our lead litigator, Bob McVey,
has over 24 years of litigation experience and has obtained precedent-setting
decisions for injured individuals at all levels of Court in Alberta.
Mike Hussey is a member
of both the British Columbia and Alberta bars. He is knowledgeable and
experienced in dealing with catastrophic injuries and the needs of all
injured individuals.
Before coming to Grande Prairie, Owen Lewis
worked with the Justices of the Alberta Court of Queen's Bench and Court
of Appeal. He has dealt extensively with personal injury claims.
How
can a lawyer help me buy my home?
Overall, your lawyer’s role is to help you get what you bargain
for, at the price you agree to pay, on the terms you understand. A real
estate lawyer can also help by:
A) ensuring that you fully understand the purchase contract;
B) examining the title to the property to confirm that there are no covenants, easements, etc. which may restrict your use of the property;
C) making sure the necessary legal documents are properly prepared and registered;
D) explaining the terms of your mortgage or other financing arrangements so you clearly understand the responsibility your are accepting;
E) verifying that the financial adjustments between buyer and seller are properly computed and that the transaction is properly concluded; and
F) seeing that you receive valid registered ownership of the new property subject only to liabilities you agree to.
What
else should I know before signing?
A realtor can help you with most of these points, but it is a good idea
to understand them beforehand.
A) save any advertisements and get a copy of the real estate listing, if there is one, in case there is a dispute at any later time.
B) check the house for structural defects. If you can, you should hire a home inspection expert.
C) find out if there are any zoning or building restrictions.
D) check the cost of property taxes and utilities.
E) make your offer “subject to” conditions you need for your protection. For example, you could make the offer subject to acceptable financing being arranged, lawyer’s approval or a satisfactory home inspection.
F) put a time limit on your offer.
G) get estimates from the realtor, your lender or mortgage broker and your lawyer of the costs you will have to pay on closing in addition to the purchase price.
H) make sure any moveable items such as appliances, floor coverings, etc. are specifically mentioned in the offer.
What
costs will I have in addition to the purchase price?
These are the main expenses you can expect:
A) legal fees and disbursements (including transfer and mortgage registration fees) and sometimes GST on the price;
B) property tax adjustments (a portion of the year’s property taxes will be credited to the seller if the seller has already paid them, or credited to the buyer if the buyer has to pay them);
C) home/property insurance for fire and other hazards;
D) late interest charges (if your lawyer cannot advance funds on the closing date);
E) opening utilities accounts;
F) appraisal and inspection fees (if necessary);
G) if a Real Property Report is not available, a new one or title insurance; and
H) mortgage financing costs.
