If you or a loved one has been injured because of someone else’s reckless, careless, or negligent behaviour, chances are you have many questions. Healing may take a long time, and in the meantime, you need to put food on the table and pay your rent or mortgage, utilities, car loan and more. Bills don’t always wait until you are able to return to work and start getting a paycheck again.
In an Edmonton personal injury case, you may be eligible for compensation for physical, psychological, or emotional injuries. An experienced Chadi & Company personal injury lawyer can benefit you by collecting evidence, ensuring that you are assessed by all the appropriate medical experts (including an Independent Medical Assessment, or IME, if required), and filing a timely Statement of Claim against the at-fault party. Whether a settlement is negotiated, mediated through a Judicial Dispute Resolution (JDR) or—if necessary—taken to trial, our lawyer will fight to get you a full and fair monetary award.
Factors affecting how much compensation you may receive for your injury include:
- What type and how bad was the injury?
- How long will it take you to recover?
- How has the injury affected your life? Has it caused you to need household help, impaired your spousal relationship, or disrupted your ability to return to work or school?
- Did your own actions or inactions contribute to the accident that caused your injury?
- Did you follow medical advice, follow through with rehabilitation, and take prescribed medications to lessen the severity and recovery period of your injury?
- What is the “cap” on the amount of compensation for your specific type of injury?
What is the severity and nature of the injury?
One of the greatest factors in the award (a dollar amount) of a personal injury payout is the nature or type of injury. Next is the severity of the injury. One type of injury is a broken leg. But a leg that sustained a spiral (complete) fracture is more severe than one with an incomplete fracture. Some of the most severe injuries are spinal cord injuries, traumatic brain injuries (TBI), amputations, internal organ injuries, and injuries that cause vision loss. Injuries of this nature are debilitating and can require years, or even a lifetime, of care. As such, injuries as serious as this will result in higher compensation. Most injuries that are significant enough to cause pain, affects one’s ability to enjoy daily activities, or take away the ability to work for a period of time, are potential personal injury claims.
Under a personal injury claim, you may be eligible to be compensated for:
- Medical expenses and rehabilitation costs
- Loss of income and future earning capacity
- Physical, mental, and emotional pain and suffering
- Impact on the quality of life
What are the different types of personal injury cases, and what are the average Edmonton payouts?
Because each accident and every injury it caused is different in its own way, it is difficult to pin down an “average” payout. As your lawyer, it is our job to fight hard and seek every avenue of compensation so that you can focus on healing.
Typical personal injury cases and respective payouts include:
- Car accidents: Car accidents account for the majority of personal injury claims throughout most of Canada. Once again, a payout depends on a number of factors but may range from $5,817 (the cap as of January 2023) for a minor injury—such as “soft tissue” injuries like whiplash—to upwards of $300,000.
- Slip and fall accidents: If you legally enter premises, the owner of that premises owes you a “duty of care,” meaning it is their duty to ensure that the property is safe. If they have not lived up to that duty of care and you have been injured, as a result, you may file a slip and fall personal injury claim. Depending on the circumstances and the type and severity of your injury, a settlement amount could range from $15,000 to $30,000.
- Workplace injuries: If you have been injured at work, it’s your employer’s responsibility to report it to the Workers’ Compensation Board—Alberta, and most of all, your right to do so, as well. While it’s common to think of workplace injuries as being related to an accident, whether a fall or contact with an object or piece of equipment, occupational illnesses comprised the highest rate of fatal workplace injuries between 2015 and 2019. That same study reports that as of March 2020, ” provincial occupational injury and illness claims from 2019 totalled $343,021,559.”
- Pedestrian accidents: A person walking down the street or crossing a road is no match for a vehicle. Injuries can range from broken bones to traumatic brain injuries, or in the worst case, and they may be fatal. During winter months, the number of pedestrian accidents increases as roads become more treacherous and darkness descends earlier. The onus is on the driver to prove that they were not negligent. Injuries to a pedestrian are often extreme, and the payout needs to take into account all the needs of the injured party.
- Medical malpractice: When you go in for a procedure, when you get a diagnosis, when you have been prescribed medication when you are having a baby: in each of these cases, you are putting your well-being into the hands of professionals and have the right to expect that they meet the highest medical standards. When they don’t, and it results in an injury, you may file a medical malpractice claim against them. In some cases, there may be multiple parties at fault, including the physician, the medical facility, the pharmacist and others—even the manufacturer of a defective medical device. In order to ensure that you get full and fair compensation, we make sure that all negligent parties are held accountable.
How a knowledgeable Edmonton personal injury lawyer helps maximize your payout
If you have been injured in any type of accident or as a result of an act of professional negligence, the other party’s insurer will want to settle as quickly as possible. And if you are in pain and worried about your family and your financial situation, it can be tempting to agree to the amount of money they’re offering. Just remember that they are in the business of making money, not giving it out. They want to pay you the minimum they can, not the maximum you deserve. This is the reason you should not talk to the insurance company before talking to us.
As your lawyers, we look at all aspects of your injury to come up with the best possible personal injury payout.
- We know how to deal with the insurance company and will not let them “lowball” the compensation amount. While they may try to pressure an injured individual, they know that they cannot pressure a skilled Edmonton personal injury lawyer.
- We collect all the evidence needed to support your claim. This includes police reports, medical records, witness statements and all other documentation. These are critical pieces of information in getting you the best possible payout.
- We will discuss your case with you and present your options. In many cases, a settlement can be negotiated to help save you the cost and stress of a trial. If negotiations are not successful, we will look to alternative dispute resolution, such as mediation or JDR. While taking your case to court is generally the last option, we are trial-tested lawyers who will fight to get you all you deserve.
Be proactive in protecting your payout
Your lawyer is your advocate, but you also need to do your part to help ensure that you get the best possible payout.
- Make sure that you report your injury to the appropriate authorities or agency as soon as possible.
- Whenever and wherever possible, get pictures and witness information (names, phone numbers, etc.) at the scene of the accident.
- Seek immediate medical attention and make certain that you follow medical advice and directions, including showing up for appointments and taking any medications as instructed.
- Do not put anything about your case on social media, as insurance companies and opposing counsel will be looking to see if they can find anything to use against you.
- Do not discuss your case with anyone except your lawyer.
Find out how our Edmonton personal injury lawyers can help you get the payout you deserve
At Chadi & Company, we have a track record of success in getting our clients the best possible compensation for their injuries. To learn more about how we can help you, please contact us online or call our office at (780) 429-2300 to schedule a free and confidential consultation.