Suffering an injury can be a traumatic and stressful experience. It can leave you with significant physical, emotional, and financial burdens. If you have sustained an injury due to someone else’s negligence or fault, you may have the right to seek compensation through a personal injury claim. However, before you launch a claim, there are several important factors you need to consider. In this blog, we will discuss what you need to know before proceeding with a personal injury claim in Alberta.
Launching a Personal Injury Claim in Alberta
Launching a personal injury claim in Alberta requires careful consideration and attention to detail. The first step in the process is to identify who is liable for your injury. This can be a complex process, as liability may be shared among multiple parties. For example, if you were involved in a car accident, liability may be shared between the other driver, the vehicle manufacturer, and the government agency responsible for maintaining the road.
Once liability has been established, you must file a statement of claim with the court. This document sets out the details of your injury, how it occurred, and the compensation you are seeking. It is important to seek legal advice from an experienced personal injury lawyer before filing a statement of claim. An experienced lawyer can help you ensure that your claim is properly drafted and that you have included all necessary information.
It is important to keep in mind that personal injury claims can be complex and time-consuming. They require careful attention to detail and a thorough understanding of the legal system. That is why it is essential to seek legal advice from an experienced personal injury lawyer before proceeding with a claim. An experienced lawyer can help you understand your legal rights and obligations, and they can guide you through each step of the process.
In addition, personal injury claims in Alberta are subject to a statute of limitations. This means that you have a limited amount of time to file a claim after your injury. In Alberta, the limitation period is two years from the date of the injury. If you fail to file a claim within this timeframe, you may lose your right to seek compensation.
Assessing Damages in a Personal Injury Claim
In a personal injury claim, you are seeking compensation for your losses. This compensation is known as damages. There are several types of damages that may be available in a personal injury claim.
These include:
- General damages: compensation for pain and suffering, loss of enjoyment of life, loss of future income earning capacity,
- Loss of income: including past loss of income and future income, and earning capacity.
- Special damages: compensation for out-of-pocket expenses, such as medical bills and rehabilitation costs that are not covered by your insurance, as well as future costs of care.
- Punitive damages: damages intended to punish the defendant for their wrongful conduct.
The number of damages you may be entitled to will depend on the specific facts of your case. In general, the more severe your injury and the more significant your losses, the higher the damages award.
Why Consulting with a Lawyer is Important
Navigating the legal system can be complex and confusing, particularly if you are unfamiliar with the process. That is why it is crucial to consult with a personal injury lawyer before launching a claim. A lawyer can help you understand your legal rights and obligations, and they can guide you through each step of the process.
An experienced personal injury lawyer can also help you gather the evidence necessary to support your claim. This may include obtaining medical records, witness statements, and expert reports. Your lawyer can also negotiate with the defendant or their insurance company on your behalf to try to reach a settlement before trial.
Additionally, a personal injury lawyer can help ensure that you receive the maximum compensation possible. Insurance companies often try to settle claims quickly and for a lower amount than what you may be entitled to. A lawyer can help you determine the fair value of your claim and negotiate for a settlement that adequately compensates you for your losses.
Other Things to Know Before Proceeding
It is essential to be aware that personal injury claims can take time to resolve. The length of time will depend on the complexity of your case and whether or not it goes to trial. It is important to be patient and to work closely with your lawyer throughout the process.
It is also important to note that Alberta follows a “contributory negligence” system. This means that if you are partially at fault for your injury, your damages award will be reduced by the percentage of fault assigned to you. For example, if you are found to be 25% at fault for your injury, your damages award will be reduced by 25%.
If you have been injured due to someone else’s negligence or fault, it is important to seek legal advice from an experienced personal injury lawyer. At Chadi & Company, our personal injury lawyers have the knowledge, experience, and resources to help you navigate the legal system and obtain the compensation you deserve.
