Accident Benefits And Tort Claim Frequently Asked Questions

Do I have a case?

The answer to this question depends on the severity of the injuries. For example, soft-tissue injuries are the result of damage to muscles or tendons. Some injuries are minor while others can have devastating, long-term effects.

We will review your medical records and the circumstances that caused the injury. We will provide our opinion about your case and what solutions you may be able to pursue.

How much money is my claim worth?

This is not something we can quantify right away. It will be difficult to determine exactly how much compensation you may receive until the very end of the process. Each claim is different, but we will always strive to obtain the compensation you deserve.

If there is enough evidence on both sides, the parties may head to trial. If not, one of the parties may choose to settle.

What will an insurance company make of my case?

Generally speaking, the initial position from an insurance company is to pay the lowest required amount. This stance may change over time as more evidence is presented. Once medical records and expert reports provide more information on your injuries and losses, your case might be stronger. A stronger claim may convince an insurance company to negotiate a better settlement than they originally planned.

Should I settle my case?

The answer to this question depends on you. We will outline what you can generally expect to receive through a settlement offer, and what outcomes you can expect if the case heads to trial - and you decide which route to pursue

Certain insurance companies take a stricter position on paying out compensation than others. If settlement talks break down, we will turn our negotiation strategy into an effective litigation strategy and pursue the matter in court.

How long will the benefit/tort claim take?

Generally speaking, the life of a claim is about two to three years in length. The life of a claim follows this basic timeline:

  • Send a notice letter
  • File a statement of claim
  • Other party responds to your claim
  • Schedule a discovery (review of the evidence)
  • Hand over requested records
  • Participating in a Mediation
  • A Pre-Trial and Trial, if necessary

At Alam Law Office, we will thoroughly explain every step of the process and outline a general timeline to give you an idea of how long it will take to resolve your matter.

There are also periods of inactivity, when there is no news. Sometimes, delays occur because discovery or trial dates cannot be accommodated by all parties until months away. Other difficulties, such as response times or obtaining court orders can also slow down the process.