An unexpected accident can be a shocking and painful experience in itself, but the aftermath can also present numerous challenges for injured individuals and their loved ones. The legal process is often confusing and overwhelming while you’re dealing with insurance adjusters, medical treatment, financial stress, and emotional trauma from the accident.
At Litco Law, we can take the burden off your shoulders by handling the claims process from start to finish, so you can focus on your health and recovery. We offer free consultations to answer your questions and guide you through these Alberta personal injury lawsuit steps.
Step 1: Get Medical Treatment & Document Injuries
After suffering an injury in Alberta, it’s essential to prioritize your health and well-being. Seek medical assistance right away from a qualified professional and follow through with all medical and treatment advice.
While receiving treatment soon after the incident helps you get the care you need right away, it also creates an official record that directly connects your injuries with the accident.
Your medical records and documentation of your injuries can play a significant role in a potential personal injury claim. A lawyer can use these documents and records to establish the severity of your injuries and how they affect your quality of life.
Step 2: Speak With a Personal Injury Lawyer
Consider speaking with an experienced lawyer after being injured in an accident in Alberta. During your initial consultation, a legal professional can review your situation to help determine:
- Whether you have a claim
- What losses may be included in your claim
- What your claim may be worth
- What evidence may be needed to build your claim
Because there is a limited time to file an injury claim in Alberta, it’s important to act quickly. While there are some limited exceptions, the deadline to file a personal injury claim in Alberta is two years from the date of the accident.
Consulting a personal injury lawyer as soon as possible can help to preserve crucial evidence and protect you from insurance companies that may offer less than your claim is worth.
Even if it seems like the insurance company is on your side, be cautious if representatives offer advice. They may try to minimize their payout for your claim, leaving you with the financial burden.
Step 3: Investigation & Gathering Evidence
If you decide to work with a personal injury lawyer, they will conduct a thorough investigation to identify who was at fault and gather vital evidence that is relevant to your claim, such as:
- Your important medical records
- Official police and accident reports
- Documents proving missed work and income loss
- Expert witness findings to support your claim
Using evidence to prove the extent of your injury can help you recover the full value of your losses. In Alberta, the Minor Injury Regulation (MIR) puts a cap on how much compensation you can claim for pain and suffering caused by minor injuries. While certain minor injuries like whiplash may be capped, you may still be able to file a claim for other injuries that don’t fall within the minor injury cap and recover compensation for medical bills, lost income, future treatments, and other losses.
Step 4: Negotiations and Settlement Offers
After building a strong claim with compelling evidence, your lawyer will begin negotiations with the insurance company for a fair settlement offer. Although most claims settle during this stage in the personal injury claim process in Alberta, some claims may take longer due to the severity of injuries or actions of the insurance company. Insurance companies may offer a lowball initial settlement and hope you accept it out of necessity. They may also dispute your injury’s severity or that it was caused by the accident.
For example, insurance companies may offer a lowball initial settlement and hope you accept it out of necessity. They may also dispute your injury’s severity or that it was caused by the accident.
When this happens, your lawyer may need to take additional steps to reach a resolution. A personal injury lawyer will be familiar with these insurance situations and protect you from accepting a personal injury settlement that is less than you deserve.
Step 5: Litigation
In situations where the insurance company is unwilling to make a reasonable offer, or your lawyer determines it’s in your best interest, your claim may proceed to litigation. Litigation refers to the legal process involving these steps:
- Our office will file a Statement of Claim which is a legal document filed at the Courthouse and outlines the legal claim against the person or persons responsible for the accident and includes what happened in the accident and what compensation you’re claiming.
- The party responsible for your injury files a Statement of Defence, which is a legal document in which the defendant formally responds to the lawsuit and explains why they should not be held responsible.
- During Discovery or Questioning, both sides bring their evidence and ask the parties involved about the accident and resulting losses.
- Both sides may choose to reach a resolution during mediation, a confidential, structured negotiation session. A qualified and trained neutral party, called a “mediator,” hears both sides and helps them reach an agreeable solution to avoid trial.
- When necessary, and with your instructions, your lawyer may take your claim to court to advocate for fair compensation.
It’s rare for personal injury claims to end up in court. However, if your claim needs to go to court, our team ensures you are fully prepared and know what to expect. We will be with you every step of the way.
How Long Does an Alberta Personal Injury Claim Take to Resolve?
How long it takes to resolve your personal injury claim will depend on many factors, including the extent of your injury and how it affects your daily life. Some claims can settle in as little as a few months, while others may take a couple of years. It’s important to wait until your health recovers as much as possible to understand the full impact of your injuries and what losses can be included in your claim.
It’s often not in your best interest to settle quickly because it can take time to realize the full extent of how your injuries affect your life, work, relationships, mental health, and future. If issues arise later down the line, you can’t go back and claim additional compensation after accepting a settlement.
What Types of Compensation Can You Claim After a Personal Injury in Alberta?
If someone else’s carelessness caused your accident and injuries, you may be entitled to claim compensation for your financial losses and physical and emotional suffering, including:
- Medical bills
- Cost of future medical care
- Lost wages
- Loss of future earnings
- Pain and suffering
- Emotional distress
Our Legal Team Can Help You Today
An Alberta accident can turn your life upside down, leaving you with painful injuries and uncertainty about what to do next. As Lawyers You’ll Love, our compassionate legal professionals can help you get through this difficult time with our team-based approach and strong legal advocacy throughout every step of the process.
Call Litco Law at (403) 273-8580 or contact us online for a free consultation. Our team can explain how personal injury claims work in Alberta and possible legal options for your claim.
Frequently Asked Questions About Personal Injury Claims
Below are answers to questions we often hear about personal injury claims in Alberta. To get answers that are specific to your situation, reach out to our team.
Will the Minor Injury Cap Apply to My Claim?
Alberta’s minor injury cap only applies to compensation for pain and suffering resulting from minor injuries caused by motor vehicle accidents. In general, strains, sprains, and soft tissue injuries may be considered minor injuries. We recommend speaking with a legal professional to determine if the cap might apply to your claim.
Can I File an Injury Claim Without Hiring a Lawyer?
While it is possible to file a personal injury claim on your own, it can be very challenging to do so without prior experience. Insurance representatives may pressure you to accept a low offer, or you could miss important deadlines that affect your claim.
If you have questions, Litco Law offers free consultations with our team. If you decide to work with us, you won’t pay us anything while your claim progresses. Our fee is a percentage of the settlement we recover for you, and you’ll know that percentage before you ever hire us.
What Happens if Insurance Companies Deny Liability?
When insurance adjusters try to deny liability, a legal professional can gather accident reports, witness statements, medical records, and other evidence to strengthen your claim.
How Long Do I Have To File a Claim in Alberta?
According to Alberta’s Limitations Act, you typically have up to two years from the date of an accident to file a personal injury claim or your right to do so is lost forever. However, there are some limited exceptions to the two-year deadline. Speak with an experienced lawyer to learn more.
What if My Symptoms Worsen Later?
After your claim is resolved, you generally cannot pursue additional compensation, even if your symptoms worsen. Part of a lawyer’s job is ensuring that you’ve reached maximum medical improvement (MMI) or waiting until your health has reached peak recovery before accepting an offer.
