If you have been involved in a cross border vehicle accident and are worried and confused about your legal rights and options, call us right away. Before speaking with the insurance company, it is important to know your rights. We can help you to make informed decision to protect your rights.
Frequently Asked Questions:
Each Canadian Province and American State have different laws. Are you familiar with the laws where you are hurt? If you get in an accident here are some important questions:
1. Do you know your rights in the US or Canada?
2. Do you know where the closest Embassy is?
3. Do you know how the police will respond if they find you at fault? Will you be charged with a crime?
4. Do you know how fault is determined at the scene of the accident?
5. Do you know what insurance benefits you are entitled to in the US and Canada if you are hurt?
The answers to these questions can directly affect your safety and financial security.
Do I need a personal injury lawyer?
If another party's recklessness, carelessness, or negligence has caused you to suffer a serious personal injury or if a loved one has been killed by another’s negligence, you should contact us. Typically, victims who attempt to recoup compensation on their own receive smaller settlements than those who enlist the services of experienced personal injury attorneys.
Do I need a lawyer right now?
Do not delay in speaking to a lawyer about your rights if you have been injured. Time is not your friend. There are specific time limits, called statutes of limitations that govern the period in which you must file a personal injury lawsuit. When the statute of limitations expires on your case, you are barred from bringing a lawsuit and you simply don't have a case anymore. Statues of limitations differ according to the kind of lawsuit involved and where the injury or death occurred.
Do you offer a free initial consultation?
Absolutely. Call us and tell us your story.
How do I pay for a personal injury lawyer?
In most cases, fees will be charged on a contingency basis – in other words, there is no charge unless and until you receive compensation. The fee is normally a percentage of your final settlement. We also advance all costs of the case. Costs are reimbursed only at the conclusion of the case when the clients recover compensation. If we don’t win, you don’t owe us a dime.
How do I pay for medical costs if I am injured in Canada?
If you purchased travel insurance, that may cover the cost of your medical treatment. For those travelling without extra insurance, an American resident should contact their American insurance provider. It is possible that treatment in Canada will be covered by an American plan. If you need emergency care in Canada you will get it without paying in advance, although you should expect a bill later. For non-emergency care you will either need to head home to the United States or pay for the costs up front. Despite the belief of many Americans that health care in Canada is free, Canada does not pay for hospital or medical services for visitors.
How long will it take to settle my case?
This will often depend on who you are suing and the nature and complexity of your case. After reviewing the specific facts of your case, we should be able to provide you with some estimate of how long your case will take to resolve.
Can I settle out of court?
A claim can be settled at any time, including before the suit is filed, after the suit is filed, and, of course, before trial is started. Suits and claims can also be settled during or after trial. Statistically, most cases settle before trial and few ever go to trial.
Will I have to choose between benefits my insurance offers and the insurance of the Canadian driver insurance?
Depending on all the circumstances, you may have to choose benefits between your insurance or the insurance of the Canadian driver. It’s a good idea to talk to us and let us investigate before this decision is made. Many American States have very low minimum insurance requirements that may not compensate you. However, there is a complex interplay that we can investigate to give you advice.
If I hire a personal injury lawyer will I have to go to court?
The vast majority of cases (about 90%) settle out of court, and so you probably will not be required to attend a trial. Settlements are often achieved through settlement conferences and mediation.
Will I have to choose between my insurance and the other driver’s?
It’s important to let us sort out the insurance situation before any decisions are made. For example: Most people do not know that in some States, a driver need only carry insurance as low $10,000 in liability insurance. In Canada that number is usually $1,000,000. That means that if you or someone you love is involved in an accident in the US and the driver has no assets and only pays for the minimum insurance, regardless of how bad your injuries you will only be entitled to a maximum of $10,000 in compensation. However, you may be protected by your own insurance. Your insurance policy can make up for this deficiency with what is called an uninsured or underinsured policy. This means that if you are hurt and the at fault party doesn’t have enough insurance your policy can make up the difference. We will sort out the insurance and help you make decisions to get the maximum compensation that you can.
How much is my case worth?
Every case is different. In personal injury cases, you may be entitled to compensation for such things as:
- Medical and rehabilitation expenses
- Lost wages or earning capacity
- Pain and suffering
- Long-term care costs
- Property damage
- Physical pain
- Loss of mental capacity
- Physical and mental anguish
- Loss of life/companionship
Where should I make an insurance claim or sue?
This is a complicated question that will depend on a number of factors. Our goal is to maximize the value of your cross border personal injury case. In order to answer this we will need to consider a number of factors. To start, what are the injuries? While Canadian law may offer more compensation for personal injury related to “whiplash” or soft tissue injuries, American law may afford higher trial judgments or settlements for injuries involving broken bones, psychological injuries, or wrongful death.
Many lawyers in this situation are trapped by their law licenses and lack of knowledge. All they can do is and try to settle your case. Without the license to initiate litigation in the US or Canada, many lawyers cannot start the litigation that may maximize the value of your claim.
The second issue that will need to be examined is the type and amounts of insurance that are involved. Even if there is insurance, due to the low minimum insurance requirements in many states, the other driver may not have sufficient insurance to pay for your injury claim. Is there uninsured or underinsured insurance at play? Do the Canadian benefits fill a gap? Will the American insurer be responsible for an accident in Canada? This is a critical question because many times, due to low policy limits, injury victims do not receive proper compensation for his or her injury in the US. These are all fact specific situations that we will need to explore.
In order to evaluate your personal injury claim, we will have to speak with you and ask you some questions. Until the facts have been established as to liability and damages, attorneys should avoid guessing about the potential value of a case. Your case is important. You should be represented by experienced, competent, and ethical counsel.
Still have questions? If so, contact us, to schedule a free consultation. 1(844)299-0808