Frequently Asked Questions

What is my claim worth?

It's one of the first things we are asked by clients: What is my claim worth? It's also a question that's almost impossible to answer right away. Before answering that question, your lawyer needs to get to know your situation well, including your injuries and your personal circumstances.

Getting to an answer will require looking at both pecuniary damages (money-based damages such as the cost of a wheelchair) and non-pecuniary damages (for example, pain and suffering). Your claim may include:

Why shouldn't I just represent myself?

One of the most common questions we get is, “Should I just represent myself?

It’s important to understand that insurance companies aren’t just there for you as an injured person: they’re there for all policyholders. And one of the things they have to do is make sure they don’t pay out too much to injured individuals, or the system will become more expensive for everyone.

They are not there to simply give you whatever you ask for. They are there to give you what they think you need and balance your needs against the needs of all other policyholders in British Columbia.

If you go up against them yourself, you will be going up against a number of people who are very good at what they do and who see cases like yours every single day. They will not see you as an individual, but as an injured person whose needs have to be balanced against everyone else’s needs.

Linley Welwood is there to make sure you are treated as an individual. We know the language used by insurance companies too. We know how to speak so that they will listen.

Having A Lawyer In Your Corner

As your lawyer, we not only provide you information and advice, we act as your advocate to get you the best possible result. Our lawyers can provide a number of services that most injured persons cannot provide themselves:

What can I do to help my case?

Probably the most important thing you can do is keep accurate records — of the accident, your physical and emotional condition right after the accident, your recovery and any expenses incurred by you or your family during the process. Dates and costs are particularly important.

You should also be aware of your actions, online and otherwise. You don’t need to be paranoid, but be aware that if you post pictures on Facebook of yourself skiing, they could be used to “prove” that you are not disabled, even if you are only claiming that you are unable to work as you did before.

What is the difference between benefits and tort claims?

Your insurance provides benefits that cover a number of expenses, even if the accident is entirely your fault.

However, if your accident was caused by somebody else, you can also claim for other losses. A “tort” is a civil wrong done by one person to another. A “tort claim” is based on the idea that if someone was careless, reckless, or even just made a mistake, and as a result caused another person to suffer injury and damages, that person must compensate the injured person.

How long does the process take?

It very much depends on your injuries and the facts of the accident. If the events are very straightforward, fault is clear, and your recovery is quick and complete, we may be able to settle fairly quickly, during negotiations with the other side. If there are questions about the accident, if you suffer from more long-term or serious injury, or there are questions about the long-term effects on your life or future, it could take years.

Cases based on certain injuries, such as brain injury, may take a long time to finish simply because it can take the brain years to finish recovering. You should not settle before the full extent of your recovery is clear.

How much will I pay?

We work on a contingency fee basis with clients who have been involved in a personal injury accident. Which means you don't pay for the work until your claim is settled. Payment of our fee will come out of the final settlement or judgment. This payment will cover our work as well as all of the expenses of hiring expert witnesses, getting hospital records, hiring accountants to calculate your financial losses — whatever was necessary to make your case.

What if I realize after my claim has settled that I have more problems?

Unfortunately, the end of a case is the end of a case. You cannot change your mind and ask for more. This is why it's better to wait until you are as recovered as you can be and are sure of what you have lost.

What if I had health problems before my accident?

Sometimes insurance companies will argue that if chronic pain, joint problems, a bad back, depression, etc. were there before the accident, they were not caused by the accident and insurance company should not pay for them.

Often the reality is that, for example, although you may have suffered a bout of depression before the accident, the accident made it worse and has made you more vulnerable to future episodes. To the extent pre-accident injuries or symptoms have been “aggravated” in this manner, an insurance company is responsible to compensate you. We will use expert evidence to argue our point if necessary.

What if I can't work anymore?

If you have disability benefits at work, your policy should cover this to some degree.

Canada Pension Plan has coverage for people who are unable to work. Unfortunately, sometimes the application process can be confusing and difficult, and rejections are not uncommon. This can make an already stressful situation even worse. We will look over your insurance plan, CPP and your personal situation. We will help you claim what is due to you and guide you through the process. If you are rejected, we will help you appeal the denial.