About Marco Manna Expertise I can answer questions relating to the Canadian Criminal Code, Alberta Highway Traffic Act, and the Canadian Charter of Rights and Freedoms. I will not be able to answer questions relating to specific case law along with most questions in civil, family, and corporate law.
Experience I have a diploma in Police Sciences & Law Enforcement where I achieved 'Highest Honours' as well I have studied the Canadian Criminal Code extensively.
Organizations Edmonton Police Service - Victim Services Unit
Edmonton Police Service - Police Cadets
Professional Association of Diving Instructors
Education/Credentials I've achieved a diploma with Highest Honours in Police Sciences & Law Enforcement with extensive study in criminal law.
Question I live in Alberta. In Nov I was a passenger in a freinds vehicle. We had a head on collision. The driver of the other vehicle died at the scene. My friend was 100 at fault, although no charges were laid as it was due to road conditions. I have been off work since that date with my injuries, and hope to go back to my job Feb 1st on light duty. Her insurance has been great about replaces the clothing the EMT's cut off, as well as paying for physio and the balance of my wages that my employer is not paying me. My Question is, am I entitled to any payment for the injuries (broken ribs, whiplash with a pinched nerve, sprained rotator cuff, massive bruising) and if so what falls under the new Alberta cap of $4000 for soft tissue injuries? Are each of the injuries treated separatley? Do I have to contact a lawyer to start the proceedings to get any compensation for pain and suffering?
Answer Hi Susan, thanks for writing!
It is good to hear that you came out of this whole ordeal alive and you are well on your way to a recovery!
To answer your questions directly:
1. You are most certainly entitled to payment for your injuries.
2. Your injuries are not considered minor injuries, and so the $4000 cap would not apply. Minor injuries under Alberta's Insurance Reform are considered to be "strains, sprains and minor whiplash." You are entitled up to $50,000 for any medical treatment you need (this is called Section B accident benefits). This amount would be billed directly from the Doctor/counsellor/therapist to the insurance company. You can seek up to $50,000 in these treatments without having to pay anything out of pocket.
In addition to the $50,000 you may need for medical treatment, you are entitled to an amount for pain and suffering. This amount has no limit under the new Insurance Reform. You would be seeking this money from your friend's insurance company.
3. You may want to contact an injury lawyer who can take care of this whole ordeal for you. Injury lawyers almost always seek no payment from their clients until their client has been awarded money. This would be your best bet.
Good luck Susan, and if you need any further help please don't hesitate to contact me or refer to the Alberta Government's New Auto Insurance website at: http://www.autoinsurance.gov.ab.ca/
