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No matter how severe, personal injuries can cause major disruptions to your life. The negative effects of unexpected injuries can be wide-ranging and impact things like your physical, psychological and financial well-being. In Edmonton, people sustain injuries in all manner of accidents, and in many cases, other people may be at fault for those personal injuries.

In 2021 alone, the City of Edmonton saw over 1,600 accidents that resulted in injury or fatality. This statistic does not include fall injuries occurring on public and private property. If you have sustained a personal injury in Edmonton, you may be eligible for compensation for your injuries

Our Edmonton personal injury lawyers help injured people understand whether they may have a claim for compensation after an accident caused by negligence. We can review liability, damages, insurance issues, and the evidence that may be needed to prove how the accident changed your life.

To speak with our Edmonton personal injury lawyers, contact Preszler Injury Lawyers for a free consultation or call 1-888-494-7191. We can explain your options and help you take the next step.

Understanding Personal Injury Claims in Edmonton

Even if it is not immediately apparent to the injured victim in the aftermath of their accident, many traumatic events that cause injuries requiring hospitalization are the result of another party’s negligence. Various people and organizations can be considered negligent if they fail to uphold a duty of care they are legally required to provide.

For example, anyone who owns or oversees commercial or residential property may have obligations under Alberta’s Occupiers’ Liability Act. If an occupier knows about a hazard or maintenance issue and fails to take reasonable steps to address it or warn lawful visitors, they may be considered negligent if someone is injured.

Similarly, people who operate motor vehicles throughout the province are required to abide by the rules legislated by Alberta’s Traffic Safety Act. That means all drivers owe a duty of reasonable care to other road-users, including other drivers, their passengers, motorcycle riders, pedestrians, cyclists, and others. Engaging in any kind of unlawful conduct behind the wheel is considered negligence.

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We are here to help Albertans get the compensation and benefits they deserve after being injured in an accident. We take this responsibility very seriously. Book your free call with our personal injury lawyers today and let us help you.

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Types of Personal Injury Claims our Edmonton Personal Injury Lawyers Can Help With

At Preszler Injury Lawyers, we have successfully represented Canadian families since 1959 with their personal injury claims. Our Edmonton personal injury lawyers believe that no one should be forced to pay the price of someone else’s negligence.

We can seek compensation on your behalf in a wide range of cases. These include, but are not limited to:

In addition to assistance with personal injury claims, our Edmonton long-term disability lawyers frequently help claimants explore their options for coverage through LTD benefits, if they are eligible.

If you have been injured because of someone else’s negligence in Edmonton, our team may be able to help you identify the at-fault parties, preserve evidence, and pursue compensation through the appropriate insurance or civil claim process.

Types of Compensation Available in a Personal Injury Claim

The purpose of a personal injury case is to bring you back to the same position financially you’d be in had the accident not happened. This is a responsibility our Edmonton personal injury lawyers do not take lightly.

There are two main types of compensation available in a personal injury claim: pecuniary damages and non-pecuniary damages.

Pecuniary Damages

Pecuniary damages are meant to compensate you for the money you have or will lose in the future because of an injury.

Pecuniary damages can include the following types of losses:

  • Income loss. Lost income, benefits, and pension due to an accident.
  • Future loss of earning capacity: An injury can change the direction of your job. This includes lost opportunities, future loss of income, and losing your competitive edge because of an injury. In many cases, this loss can be calculated until the age of likely retirement.
  • Medical costs. This includes money spent on medical treatments, doctors’ appointments, ambulance, medications, and other medical devices.
  • Future care. Medical treatments that you may need in the future due to accident-related injuries.
  • Housekeeping expenses. If your injuries prevent you from doing your household chores as you did before the accident.

The word pecuniary refers to any thing involving money. But an accident can take more than just money from you and your family.

Non-Pecuniary Damages

Non-pecuniary damages, also referred to as general damages, are intended to compensate you for your pain and suffering, emotional distress, and how the accident has and will continue to impact the enjoyment of your life.

The key to the fair assessment of non-pecuniary damages is to assess your level of impairment or how your pre- and post-accident life has changed. Here are some examples of things that may be considered when calculating non-pecuniary damages:

  • A change in the way you feel. This includes both physical and mental health
  • Impact on relationships with your family and friends
  • Activities that you used to do but are no longer able to. This includes sports and other recreational activities
  • Being less interested or motivated in your career or education due to your injuries.
  • And more

A common litigation strategy used by the insurance defence is to argue that your injuries have little or no impact on your life. However, our personal injury lawyers in Edmonton will work alongside medical experts, vocational experts, and other specialists to help prove your case in the event you are truly injured and impacted.

How Liability is Established in a Personal Injury Claim

Liability means the legal assessment of fault. This is one of the starting points to assess the viability of a personal injury claim. If you are 100% at fault for your accident, you generally will not have a case. If you are found partly responsible for causing an accident, your claim value may be reduced by your fault percentage. For example, if you are found to be at fault for 50% of an accident, your claim value could be reduced by 50%.

In any accident, it is important to collect as much information as possible from the scene. For motor vehicle accidents, this might include taking photographs or collecting information such as the names, contact details, and insurance information from other drivers. It is also important to note the names and contact information of any potential witnesses. For other accidents, such as slips or trips and falls, it is important to take pictures of the hazard.

Liability is not always straightforward. An Edmonton personal injury lawyer can investigate the facts, obtain records, contact witnesses, preserve time-sensitive evidence, and, where necessary, retain experts such as engineers, medical specialists, vocational experts, or economists.

How Our Edmonton Personal Injury Lawyers Can Help You Get the Compensation You Deserve

The step after assessing liability or fault is the assessment of damages. This means considering what pecuniary damages (see above) apply in your case and how to value your pain and suffering. The evidence required to assess the value of your case may include:

  • Medical records
  • Employment and tax records
  • Testimony from questioning for discovery
  • Witness statements
  • And more

Accidents do not only happen to people with a clean bill of health. If your injuries overlap with a previous injury or medical illness, it doesn’t mean you don’t have a case. We often retain medical experts who can conduct a physical examination, take an oral history, and review your medical records before providing a report on what injuries specifically were caused by an accident, what treatment you might require, and what your diagnosis and prognosis for recovery will likely be.

Prognosis, meaning the forecast of your injuries, is also important to know since you only get to settle once. A personal injury claim is about your entire life now and in the future, not just the time that has passed since the accident.

After collecting this evidence, we will look at previous court cases involving similar injuries and impairments to assess what a fair assessment of your pain and suffering might be. Pecuniary damages, such as past and future income loss, are fact-specific. In cases where an income loss calculation is not simple, such as for business owners, it is common to retain a forensic accountant or economist to provide projections of what you or your business could have earned had the accident not happened.

Contact our Edmonton Personal Injury Lawyers for a Free Consultation

At Preszler Injury Lawyers, we have been representing Canadian families for over 60 years in their pursuit of fairness and justice after life-altering injuries. We do our best to reduce the financial barriers to accessing our legal services. Our Edmonton personal injury lawyers provide a free initial consultation to all prospective clients. What’s more, our personal injury lawyers work on a contingency-fee basis, which means our clients don’t pay anything unless we win.

If you were injured because of someone else’s negligence, call 1-888-494-7191 to speak with our Edmonton personal injury lawyers and receive a free case assessment.

Notable Achievements

Awards and Recognitions

Proud to be one of Canada’s oldest personal injury law firms. The firm was founded in 1959 and has now grown to numerous offices across Canada. We have cumulatively secured over $1 billion for thousands of Canadians and are proud to maintain a high standard for our professional services without compromising on care or compassion.

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Commonly Asked personal injury Questions

Here are our most asked questions on personal injury claims.

We only charge fees if we are successful in your case, and we will never charge you back for expenses incurred in an unsuccessful case.

If you are asking this question, you should contact a personal injury lawyer. We provide free consultations with no obligation. If you think you have a situation where a personal injury lawyer might help, call us and ask!

No. Our lawyers only represent accident victims and never insurance companies.

Our personal injury lawyers do not require payment until after settlement. Then, the fees are payable out of the proceeds of the settlement. If there is no settlement, we do not charge a fee.

Our personal injury lawyers know the law and what evidence is important in your case and will fight for you. Insurance companies also know the law and what evidence is important, but they are fighting against you. Our personal injury lawyers will deal with the law and the insurance companies and let you focus on your health and treatment.

A case can take months to years to settle, depending on the severity of your injuries and the complexity of the case.

In personal injury claims, you can claim damages for the following:

  • Pain and suffering;
  • Loss of earning capacity, both past and future;
  • Out-of-pocket expenses;
  • Future cost-of-care; and
  • Loss of housekeeping capacity.

If you want to sue somebody, in most cases, you have a time limit. If you do not file your lawsuit in time, your legal claim is extinguished. These time limits are set out in various statutes (laws). A law that sets down a time limit to start a claim is known as a statute of limitations. It is very important to know the time limit to start your claim. If you miss that deadline, your claim can no longer be pursued.

After a settlement, it typically takes between 4 – 6 weeks before you receive your funds.

Each lawsuit has a number of legal elements that must be assessed to determine the strength of the whole lawsuit. Our lawyers assess these elements and use the proper evidence to prove them. We will be honest and upfront with you about the strengths and weaknesses in your case.

The vast majority of cases are settled before trial. In the cases that go to trial, the plaintiff usually makes a decision to go to trial after turning down an offer to settle from the defendant. However, there are cases where the defendant does not offer sufficient money to settle the case, and the only fair way to get the compensation you deserve is to go to trial.

No! Since we work on a contingency fee that is a fixed percentage of the settlement, we do not charge you for phone calls or meetings. This means you can feel confident in picking up the phone or meeting with your lawyer without worrying about how much you are being charged.

No. We only charge a fee after we have successfully won your case. In addition, we will cover the expenses of the lawsuit along the way and claim those back as part of the settlement. You do not have to pay anything upfront.

A contingency fee refers to a fee that is payable after settlement and is calculated as a percentage of that settlement.

Yes. There can be various time limits associated with making a personal injury claim. The most common time limit is the two-year limitation period set out under the Limitations Act, RSA 2000, c L-12. This limitation period can be suspended in some cases, particularly when minors or people with a legal disability are involved. In addition, there are sometimes important notice periods where you must notify a defendant, such as a municipality, with a much shorter period.

No. Personal injury settlements are not “taxable income” for the purposes of your tax obligations. This is true even if the personal injury claim has wage loss components, and those wages would have been taxable income.

Yes. It is called contributory negligence if you are partially at fault for your injury. Your claim is reduced by the percentage of fault attributable to your fault. However, you can still make a claim against other at-fault parties.

A personal injury claim is valued by assessing the quantum of the case against the risk of no or partial liability.

The quantum of a case is based on how much pain and suffering, wage loss, out-of-pocket expenses, care costs, and housekeeping capacity have been incurred. Liability is based on the chances of success against the defendant and the chances of some liability being put back on you.

No. In fact, a very small percentage of personal injury claims go to trial. The vast majority settle somewhere along the path from commencement to trial.

Yes. Choice of counsel is a legal right. In contingency cases, when deciding you want to change lawyers, the new lawyer will obtain the legal file from the old lawyer and pay out any disbursements incurred to date. Then, upon settlement, the legal fee (usually a percentage of the settlement) will be the same whether you switched lawyers or not, and the two lawyers will work out among themselves what a fair split of that fee is based on who did what.

Settlements are binding and final, with very few exceptions. The law has developed to provide as much certainty as possible when cases are resolved. This means that a settlement is almost always final. The situations where a settlement may not be binding are those that involve fraud, duress, undue influence, or an unconscionable settlement. These situations are rare, but if you believe one of those applies to your settlement, you should contact a lawyer.

Going back to work affects your case. As wage loss is a part of your case, there is a link between how long you are off work and how much your claim is worth. However, this does not mean it hurts your case to return to work. It helps illustrate what your case is for everybody. Even if you ultimately cannot return to work, it is valuable to try to go back. If you cannot return to work, your case will be stronger if you try.

Yes. A personal injury claim does not dictate how you live your life. Our personal injury lawyers will look at how the injury affected your life when making your claim. How long you are off work will affect your claim, but the fact that you have a claim is not a deciding factor in your return-to-work journey. Your job is to go to treatment, get better, and get back to work and your regular life as soon as possible.

Personal injury claims can be complicated. We have an adversarial system in Calgary, which means the insurance company against whom you are making a claim has interests that are opposed to yours. The insurance company can use the law to its advantage to oppose your claim. Insurance companies are sophisticated litigants. A personal injury lawyer can level the playing field between you and an insurance company.

Pre-existing injuries make lawsuits more complicated and increase the need for legal help. Insurance companies will use a pre-existing injury as a defence against your claim to the full extent of the law. A personal injury lawyer can help frame the realities of a pre-existing injury to benefit your case. For example, if you have a pre-existing injury, then you are more likely to be injured in an accident than a healthy person.

If you are injured in an accident, attending to treatment is important for your health and the legal claim. Unfortunately, in situations where there are no benefits covering treatment, you might be in a position where you cannot afford it. The insurance company against whom you are making a claim can voluntarily assist with treatment, though they have no legal obligations to do so. In some circumstances, treatment can be obtained on credit, with a promise to pay the provider at the time of settlement.

A personal injury claim involves numerous steps. Along the way, the parties can settle. The first steps involve giving the defendant notice of the claim and collecting documents and witness information. If the parties cannot settle, you must file a lawsuit in court to go further. That triggers a lot of rules and obligations under the court’s rules. A case will go to trial if it is never settled.

Negligence is a cause of action that arose in common law over the years. The law of negligence requires everyone within the jurisdiction to take reasonable care and not injure their neighbours. In this context, “neighbour” means anyone who might reasonably and foreseeably be harmed by your activities. If you are driving, that includes other users of the road. If you run a business, it means people who might come onto your premises.

HURT DUE TO SOMEONE ELSE’S ACTIONS IN EDMONTON?

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