Personal Injury Lawyers Calgary
Accidents can happen at any time and place and sadly, a heightened sense of caution does not always protect you from accidents that occur from causes outside your control. At our law firm, we’ve seen that accidents resulting in personal injuries that require hospitalization are typically the cause of someone else’s negligence. Our Calgary personal injury lawyers are committed to helping injured people pursue meaningful compensation for their injuries. To learn more about how our legal team can help you get the compensation you deserve, contact our law firm for a free consultation.
An overview of how personal injury claims work in Alberta
Here is an overview of how personal injury claims work in Alberta and the steps we recommend you take if you or a loved one have been injured as a result of someone else’s negligence.
- Receive medical attention: If you or a loved one have been injured in an accident, the first course of action should be to receive medical attention as soon as possible. Either go to your doctor or the hospital to get treatment for your injuries. In some cases, an injury may not present itself immediately but may become apparent a few days, weeks or even months later. So the sooner you receive medical attention, the better. If your injuries were caused by another party’s negligence, you may be able to pursue compensation for your injuries by filing a lawsuit against the insurer of the negligent party.
- Connect with a personal injury lawyer: Contact our Calgary personal injury lawyers for a free case evaluation to see if you may be eligible for a potential claim. During this complimentary consultation, a personal injury lawyer will review the details of your case and advise you on whether it’s worth pursuing a claim. If you are eligible for a claim and wish to retain our law firm, you don’t have to pay us anything until we successfully resolve your claim and get you the compensation you deserve.
- Medical evaluations and assessments: After you’ve hired us, our personal injury lawyers will investigate the cause of your claim and connect you with professional doctors who will assess your situation and write official medical reports that explain your injuries and most importantly, how these injuries will impact your future livelihood. This will help us determine the amount of compensation that we believe is vital for you. Insurers may also require your attendance for Independent Medical Examinations (IME) to determine a compensation value they believe is appropriate.
- Initiating a lawsuit through a Statement of Claim: In Alberta in most instances, you have up to 2 years from the date of incident (the day the injury occurred) to initiate your claim. Our Calgary personal injury lawyers will file a Statement of Claim on your behalf which is essentially a legal notice that is served to the at-fault party informing them that you are taking legal action against them.
- Settlement Negotiations: Our legal team will manage all dealings with insurers on your behalf, so you can focus on what matters the most – your well-being and recovery. Our primary concern is to make sure you’re on the road to recovery but we’re also prioritizing your future well-being such as your ability to work and do regular activities like cleaning, going to the grocery store, dropping off the kids at school, walking the dog and more. The ability to do these activities without pain is something we often take for granted until we’re dealing with a life-long injury. Settlement negotiations are discussions and communication between your lawyers and insurance defense lawyers to settle your claim. The objective of settlement negotiations is to address your injuries and expected damages and compensation claim.
- Questioning for Discovery: This is a legal administrative process where both parties disclose evidence and facts pertaining to the case. Typically, this is done with the presence of a court reporter. You will be asked questions that you will have to answer honestly, and your lawyer will have the opportunity to also question the other side. This process is important because it is usually the first time the insurance company gets to hear from the plaintiff – your case goes from a pile of papers and a file number to a real person with a real story. This can often help the insurance company better understand your case which can help with settlement.
- Alternative Dispute Resolution (ADR): We can involve an independent third party to assist with reaching a settlement. Options available include Judicial Dispute Resolution (JDR) or mediation. If a reasonable settlement can be reached, then you will sign a document accepting the terms and get your compensation.
- Trial: There are rare occasions where obtaining a fair settlement means having to go to trial (court). If this happens, your personal injury lawyers will continue to act on your behalf to ensure you receive the compensation you deserve. Trials can be lengthy, stressful, and risky. The goal is to settle your case for the compensation you deserve, without putting you through a trial. If however, an insurance company refuses to settle your case fairly, we are experienced trial lawyers and can assist with this.
Types of personal injury claims our Calgary personal injury lawyers can help with
At Preszler Injury Lawyers, our personal injury lawyers have been helping Canadians pursue valuable compensation for their injuries since 1959. Here are some of the types of personal injury claims we can help you with:
- Motor vehicle accident claims
- Car accident claims
- Slip and fall claims
- Dog bite claims
- Snowmobile accident claims
- Airplane accident claims
- ATV accident claims
- Motorcycle accident claims
- Motorized bicycle accident claims
- Bicycle accident claims
- Pedestrian accident claims
- Trip and fall claims
- Truck accident claims
- Boating accident claims
- And more
How is fault determined in personal injury claims from motor-vehicle accidents in Alberta?
Establishing fault can be determined in many ways, but in most cases, case law is typically the foremost authority in determining fault in motor-vehicle accident claims. Case law are written decisions from judges who have heard trials and made decisions on who is at fault and why. Judges will look at facts in the case such as how did the accident happen. Who had an opportunity to avoid the accident? What does legislation say? These are some of the questions that will need to be answered.
With regards to motor-vehicle accident claims in Alberta, people across the province have a legal responsibility to uphold a duty of care to others. For example, in accordance with the Traffic Safety Act, drivers and other motorists have a legal obligation to exercise reasonable caution while operating their vehicles. If a driver exceeds the posted speed limit, operates their vehicle while under the influence of alcohol and/or drugs, drives distractedly, ignores traffic signals, or violates any other traffic safety rule, their wrongful actions could have life-changing consequences for an unsuspecting accident victim. As such, if their misconduct leads to an injury-causing or fatal collision, the at-fault motorist could be considered negligent. In these situations, they could be liable for compensating the injured victims for their negligence.
Establishing fault will vary from case to case, so we recommend you have a personal injury lawyer help you with this endeavour instead of trying to tackle it yourself without any legal experience.
How is fault determined in slip and fall/trip and fall accidents in Alberta?
Like motor vehicle accidents, accidents on other people’s property could be the result of someone else’s negligence. For example, slip and fall accidents are frequently the result of a responsible party’s failure to take adequate, preventative safety precautions. The responsibilities of property owners, managers, security personnel, and other occupiers are legislated by the province’s Occupiers’ Liability Act. The people who oversee, maintain, and control access to residential and commercial premises are responsible for taking reasonable actions to reduce the risk of accidental injuries on-site. If a property’s occupier knows about potentially dangerous hazards on their premises – or should know about them – but fails to take reasonable steps to mitigate their risks in a timely manner and/or fails to properly warn guests about them, they might be liable for damages arising from any ensuing, injury-causing accidents caused by their negligence.
How is the value of your personal injury claim determined?
A general principle behind awarding damages in these types of claims is that you are taken back to a position that you would have had the injury not occurred. Each case is unique so assessing damages in a personal injury claim can be very complex and highly nuanced. There are several heads of damages that may be claimed, and some of these require expert evidence. For example, you’re entitled to compensation to account for how your life has been made worse by your injuries or the pain you’re going through now doing activities that previously did not cause you pain and discomfort. You’re also entitled to compensation to account for how your relationships have been impacted, how your sleep and mental health has been impacted, how your work or ability to do work has been impacted and more.
Here are some of the common heads of damages you may be entitled to:
- Pain, Suffering and Loss of Enjoyment of Life
- Loss of income
- Loss of Earning Capacity
- Cost of Care
- Future Cost of Care
- Loss of Valuable Services
- Out-of-Pocket Expenses
- In-Trust Claims
- Loss of an Interdependent Relationship
- Gross-Up
- Aggravated, punitive, exemplary damages
- Investment management fees
- Housing
- Adaptive vehicles
- Loss of pension benefits
How long does it take to settle a personal injury claim in Alberta?
As every case is different, the length of time it takes to settle your claim will vary. Our Calgary personal injury lawyers advise that it’s important that we wait to settle your case until you know what your future holds. The focus of a personal injury case is not how you’re doing now or six months from now. We’re looking out for your best interests for the rest of your life. How are you going to be doing 10 or 20 years from now, so it’s very important to have a general understanding of what your future holds before you settle for just a fracture. For soft tissue injuries, psychological injuries, brain injuries or chronic pain, it can take at least 2 years to settle your claim. We also have a backlogged court system in Alberta, which means if the insurance company doesn’t offer fair compensation, your case can take even longer to settle. Generally, personal injury claims will settle between one and four years depending on your case’s specific facts.
Statute of limitations in personal injury claims
Alberta has a statute of limitations that sets out when you’re allowed to start lawsuits. If you start a lawsuit too late, you may be barred from filing a claim and pursuing compensation. Most claims have a limitation period of two years after the date of the injury. But there are some exceptions. For example, for claims of childhood abuse, or any kind of assault, there is no limitation period, and you can bring a claim anytime for children who were minors when they were injured.
How do legal fees work in personal injury lawsuits?
At Preszler Injury Lawyers, our law firm works on a contingency basis. This means that we don’t charge any fees upfront. In fact, we won’t charge any fees at all unless we’re successful in getting you compensation. So if we lose your case, we do not change you a single fee. We also take on the expenses of your case for things like court filing fees, cost of requisitioning your medical records and the cost of hiring experts and doctors to work on your file. So basically, you don’t pay anything unless we win.
Book your free consultation with our Calgary personal injury lawyers for valuable legal assistance
If you have been involved in an accident, regardless of your injuries’ severity, it is likely that you have already felt their impact on your everyday life. Our Calgary personal injury lawyers believe that no one should be made to suffer physically, emotionally, or economically because someone else fails to live up to their basic responsibilities.
Our Calgary personal injury lawyers can help you pursue meaningful compensation for damages your injuries have caused or will cause in the future. To learn more about how our Calgary personal injury lawyers may be able to help you recover the compensation you deserve, contact us today and receive a free, no-obligation initial consultation on your case.
We offer all prospective clients a free initial consultation, so that everyone in need of legal advice can take advantage of personalized, case-specific feedback. Additionally, at Preszler Injury Lawyers, there are no upfront or hidden administrative fees. We invest in the clients we represent and fight on your behalf to get you the compensation to which you are rightfully entitled. The best part is, you do not pay a cent unless we win your case.
To book your free initial consultation and learn how our injury lawyers may be able to assist you, contact us today.
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