Car Accident Lawyers in Newfoundland and Labrador
Injured in a car accident? Get the compensation you deserve with NL’s largest and most experienced personal injury law firm.
For over 40 years, Roebothan McKay Marshall has been fighting on behalf of car accident victims across Newfoundland and Labrador.
As Newfoundland and Labrador’s largest and most experienced personal injury law firm, we’ve won thousands of car accident cases – totalling over $500M in compensation for accident victims across Newfoundland and Labrador.
Our legal team is here to guide you through the entire process. We’ll explain how motor vehicle insurance works in our province, explore what types of insurance benefits are available, and support you every step of the way. Our car accident lawyers will negotiate with the insurance company on your behalf to ensure you receive the full financial compensation you deserve.
Give us a call today; it costs nothing to talk.
How long do I have to file a claim after an accident?
In Newfoundland and Labrador, as in other provinces, any claim brought before the courts must be filed within a certain period of time following the incident at issue, or the right to claim is extinguished. That’s why the days, weeks, and months following an accident are crucial from a legal standpoint.
Newfoundland and Labrador’s Automobile Insurance Act establishes that all claims for accident victim compensation must be made within two years of the event.
However, while accident victims can still file a claim within two years of their accident, changes to legislation introduced at the beginning of 2020 also state that accident victims are required to provide legal notice of their intention to make a claim within 120 days of an accident.
Failing to do so doesn’t mean the claim is forfeited, but it may impact the compensation amount. These legislative changes also require that claimants provide certain medical and other documentation to insurance companies within very specific timeframes.
Even if you haven’t given legal notice of your claim within 120 days of the accident, it’s not too late to contact a personal injury lawyer. Our team at Roebothan McKay Marshall can still help you receive fair compensation for your injuries. At Roebothan McKay Marshall, we have the knowledge and experience you need to ensure that your claim is handled properly and professionally. We take care of dealing with the insurance companies – so you can focus on getting better.
What types of compensation are available for car accident claims?
Damages, or monetary compensation that’s intended to compensate victims for any losses due to the accident, fall into several categories called heads of damages. These are the categories which the law uses to compensate you for different types of losses. Personal injury lawyers assess each head of damages to determine if it applies to your case.
The following heads of damages may be applicable as part of your car accident settlement:
- Pain and suffering
- Cost of future care
- Out-of-pocket expenses
- Loss of earning capacity
- Past lost wages
- Loss of valuable services
Damages that you can seek in car accident lawsuits can range from medical bills paid out-of-pocket, future medical care costs, lost wages since the accident, diminished future earning capacity, child and home care expenses, and general pain and suffering.
The best way to ensure you’re fairly compensated for your car accident injuries is to contact an experienced personal injury lawyer.
Our lawyers at Roebothan McKay Marshall are experts in Newfoundland and Labrador legislation. We’ll review and research the facts of your case, gather all necessary evidence, and assess the long-term impacts of your injuries to comprehensively understand your claim and seek a fair compensation amount. It costs nothing to talk – make the call today.
What should I do after a car accident?
If you’ve been involved in a motor vehicle accident, there are steps you can take after a car accident to make the aftermath as manageable as possible. If you’ve been injured because of the accident, the following steps can also help protect your right to compensation.
What to do immediately after a motor vehicle accident
1. Call 911.
Check yourself head to toe. Can you see or feel any injuries? Then check the other passengers in your vehicle. If everyone’s okay and you can get out of your vehicle safely, do so and check on the other driver(s). If anyone seems hurt, call 911.
2. Report the incident to the police.
Even if you don’t call 911 — in Newfoundland and Labrador, you’re required to report a car accident to the police within 24 hours if there is any injury or extensive damages. A police report can also serve as important evidence in a personal injury lawsuit to determine who was at fault.
3. Gather information.
Survey the damages to all involved vehicles. Take pictures with your phone of the car accident scene. Record or get a photo of the other driver’s license, registration number, license plates, insurance information, and contact information. If the negligent driver flees the scene (i.e., a hit-and-run) there are still legal options for receiving compensation, but it’s important to try to record as much information as you can. Collect contact information for any witnesses, as they may be able to provide important testimony if you pursue a personal injury lawsuit.
4. Decide if your vehicle is driveable.
If not, call a tow truck. If you think that you may have sustained an injury from the accident, the process becomes more involved. If an ambulance is on its way, wait and discuss the next steps with the paramedics.
What to do the next day after a motor vehicle accident
5. Describe and record the facts.
Write down as much information about the accident as possible, including the date, time, and location of the accident, the speed and direction of travel of all vehicles involved, the weather conditions, and the condition of the road. Also record any traffic control present, such as traffic lights or stop signs. You should also describe the type of collision, such as a rear-end collision, left turn collision, side swipe, T-bone collision, vehicle rollover, cyclist or pedestrian collision, or collision with an object or animal. Drawing a sketch of the accident scene showing direction of travel, street names, and traffic control can help your lawyer better understand the facts of the case.
6. Visit your healthcare provider as soon as you can.
Many injuries seem minor at first but can get worse over time. Others simply don’t seem to heal at all. The most important thing to do now is to see a professional and start finding out what injuries you’ve sustained, and what you need to do to heal. Treatment records from a healthcare professional, such as your family doctor, a walk-in clinic, or hospital, will become crucial evidence in a personal injury case. If further medical treatment is prescribed, ensure that you follow through with the treatments to help your recovery. You can seek reimbursement for necessary out-of-pocket medical expenses.
7. Document your injuries.
After you’ve seen a doctor and had your injuries assessed, document (as well as possible) all the pain you’re experiencing. Start keeping a journal and write everything down – it will help adjusters understand exactly what you are going through.
8. Contact your auto insurer.
You must report the car accident to your insurer. If you’re seeking coverage for any vehicle damages due to the accident, you’ll need to provide the police report number. You can also arrange applicable treatment appointments under your own insurance policy.
9. Make the call to a personal injury lawyer.
If you’ve been injured in a car accident, you should speak to an experienced personal injury lawyer as soon as you’re physically and mentally able to. You should seek a professional opinion before giving a statement to an insurer or accepting a settlement offer.
At Roebothan McKay Marshall, it costs nothing to talk to us. Your consultation is free: we’ll review the facts of your case, assess any settlement offers, and explain your legal options. We’re on your side, every step of the way.
How can a personal injury lawyer help?
Roebothan McKay Marshall will guide you through the legal process, answer all your questions, and keep you informed the entire time.
- Protect your right to obtain compensation
- Guide you through court procedures
- Research supporting case law
- Request medical reports documenting your recovery
- Ensure medical costs are covered
- Negotiate a fair settlement
What are the most common causes of car accidents?
The leading causes of car accidents in Newfoundland and Labrador generally span across three categories: driver errors, environmental factors, and vehicle-related circumstances.
Driver errors that can lead to car accidents include:
- Distracted driving
- Impaired driving
- Reckless driving
- Fatigued or drowsy driving
- Cell phone use
- Failure to yield
- Failure to obey traffic signs or signals
- Following too closely
- Street racing
- Unsafe lane changing
Environmental factors that can lead to car accidents include:
- Animals crossing
- Bad weather
- Poor road conditions
Vehicle-related circumstances that can lead to car accidents include:
- Blind spots
- Mechanical defects
- Tire blowouts
What are the most common car accident injuries?
Soft tissue injuries are the most commonly awarded compensation in Newfoundland and Labrador.
Even if you believe your injuries “aren’t severe enough” for a lawsuit, they’re at risk of worsening over time without proper medical attention. It’s important to be upfront about your injuries with medical professionals and with your lawyer to progress in your healing journey and to maximize your potential claim.
Depending on the severity of the accident, injuries can range from cuts and bruises to more serious injuries that require hospitalization. Some injuries that are commonly sustained by car accident victims in Newfoundland and Labrador are:
- Soft tissue injuries
- Broken or fractured bones
- Cuts and lacerations
- Strains and sprains
- Musculoskeletal injuries
- Facial and dental injuries
- Internal organ damage
- Neck and back injuries
- Spinal cord injuries
- Traumatic brain injuries
- And more…
What are the different types of motor vehicle accidents?
People often use “car accident” to refer to any sort of vehicular accident, but there are many different types. In Newfoundland and Labrador, you can seek compensation for all accidents involving an “automobile” as defined by the Automobile Insurance Act.
Our car accident attorneys at Roebothan McKay Marshall can help recover damages for injuries caused by any of the following types of accidents:
- Car and SUV accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- ATV accidents
- Snowmobile accidents
- Boat accidents
- Bus accidents
- Uninsured driver accidents
- Distracted driving accidents
- Reckless driving accidents
- Impaired driving accidents
- And more.
Frequently Asked Questions
- Before accepting any settlement an insurance company offers, you should contact a personal injury lawyer. This step is crucial to understand your rights, assess the fairness of the compensation, and determine if it’s appropriate. Often, insurance companies offer a minimal amount when they know you’re not represented by a lawyer, hoping you’ll accept it, sign a release, and walk away. What people don’t realize is that by doing so, you can never come back again if the injury worsens; there’ll be no more compensation available. Speaking with your personal injury lawyer can help you find out if that compensation is appropriate or if, in fact, you are entitled to more. Read More