Filing a Claim After an Alberta Truck Accident: Steps, Deadlines, and Compensation: Understanding Alberta’s Limitation Periods for Truck Accident Claims
Limitation periods for lawsuits in Alberta are restricted by the Limitations Act of Alberta. In the case of truck accident claims, it is necessary that a lawsuit be filed within 2 years of the date of the crash. If a person fails to file a Statement of Claim in the Alberta Courts in that 2-year period, the defendant will be able to make a successful claim to have the matter struck/nullified and no claim for injuries will exist.
There is an exception to this rule is in the case of minors. Generally speaking, the limitation date for filing a lawsuit on a minor’s behalf is 2 years after that minor’s 18th birthday.
That said, it is important to realize that the court could give flexibility or take into account any relevant life circumstances as a reason to let the lawsuit proceed after the 2-year point. We encourage you to seek specific legal advice from our Calgary car and truck accident lawyers.
Collecting Crucial Evidence: Police Reports, Medical Records, and Witness Statements
At Preszler Injury Lawyers, we have a team of investigators to speak with witnesses and investigate circumstances surrounding Trucking crashes.
Our legal team habitually sources, researches and reviews all medical records and orders all medical documents to ensure that a victim’s compensation accurately reflects the losses, damages and injuries that they have suffered.
We also obtain all of the evidence gathered by the police, fire, and emergency services departments who were in charge of the investigation into the crash. Prior to settling your matter or having your matter heard in court, we make sure we have every bit of evidence that we need to maximize your settlement or court award.
Potential Compensation and Damages
Trucking firms almost always carry insurance that exceeds that of passenger vehicles. The damage and injuries that can result from an extremely heavy commercial truck striking a passenger vehicle, or a number of vehicles, is catastrophic. The compensation from these life-altering injuries must be adequately quantified to ensure that the victim receives the amount of money that they will need to continue to live to as closely to the level that they were at prior to the crash.
In the words of the Supreme Court of Canada, in Andrews vs. Grand & Toy Ltd., 1979 2 SCR 229:
“In theory a claim for the cost of future care is a pecuniary claim for the amount which may reasonably be expected to be expended in putting the injured party in the position he would have been in if he had not sustained the injury. Obviously, a plaintiff who has been gravely and permanently impaired can never be put in the position he would have been in if the tort had not been committed. To this extent, restitutio in integrum is not possible. Money is a barren substitute for health and personal happiness, but to the extent within reason that money can be used to sustain or improve the mental or physical health of the injured person it may properly form part of a claim.”
Why Early Legal Representation Is Important
It is vital that in a personal injury case against a trucking company and commercial driver, the victim hire top-notch personal injury counsel as soon as possible.
At Preszler Injury Lawyers, we gather the evidence necessary to support a trucking claim and to maximize our chances of obtaining the proper and deserved payment compensating the victim of the crash. Sometimes evidence will “disappear” over time, so it is important that a lawyer is retained sooner than later so that the evidence is available and gathered in a timely manner.
Often, the insurance company will reach out to an accident victim and offer them payment for the injuries that the defendant has caused. It is important that an injured party have competent legal counsel on their team to ensure that the amount is appropriate and will provide for the injury victim’s present and future needs. We are not only concerned about your health in the next 6 months or year, but for the rest of your life.
If You Have a Complex Trucking Case, We Can Help
Commercial trucking cases are complicated. There are many aspects of the case that must be addressed and managed. Often, the number of vehicles involved in a commercial crash are higher than in other crashes. The complexity of the case increases with the type and amount of information required and how it must be presented to the courts. The number of parties involved makes these cases difficult to navigate for almost anyone except seasoned litigators like Preszler Injury Lawyers.
If you are looking for advice about a potential personal injury claim following a commercial vehicle collision, we offer complimentary appointments with our trucking accident lawyers. In fact, if you retain us, all of our services will be provided without cost unless we win compensation for you. Contact us toll-free at 1-888-494-7191 to set up a free initial consultation today.
