Personal injury claims can arise from various incidents, including car accidents, slips and falls, and medical malpractice. They are essential for individuals seeking compensation for injuries caused by someone else’s negligence or wrongful actions. Whether you’re a victim seeking justice, a concerned family member, or simply curious about the personal injury claims in Alberta, this article will provide you with the information you need.
Personal injuries encompass a diverse range of accidents and mishaps that may warrant the pursuit of legal claims. Each case presents unique circumstances and varying degrees of severity.
Car accidents are one of the most common causes of personal injuries in Alberta. They occur when vehicles collide, resulting in a wide range of injuries, from minor cuts and bruises to severe, life-changing conditions.
Using phones, eating, or distractions.
Exceeding posted speed limits.
Alcohol or drug-related impairment.
Adverse Weather Conditions
Snow, ice, rain, and reduced visibility.
Aggressive and dangerous maneuvers.
Drowsy or tired driving.
Poor Road Conditions
Potholes, uneven surfaces, lack of signage.
Vehicle malfunctions and breakdowns.
According to Alberta’s 2021 collision statistics:
Slip and fall accidents occur when individuals lose their footing and fall due to hazardous conditions. These accidents can happen in various settings, including homes, workplaces, and public places.
Wet or Slippery Floors
Spills, water, or slippery surfaces.
Cracks, uneven tiles, or damaged flooring.
Poorly lit areas lead to visibility issues.
Lack of Handrails
Absence of handrails on stairs or ramps.
Objects or debris blocking walking paths.
Negligent Snow/Ice Removal
Failure to clear snow or ice on walkways.
Poorly Maintained Premises
Neglected maintenance causing hazards.
According to data from the Association of Workers’ Compensation Boards of Canada in 2017:
Moreover, the Government of Canada’s surveillance report reveals that falls are the primary cause of injuries leading to hospitalization and death among individuals aged 65 and older. The World Health Organization reports that approximately one-third of older adults experience falls yearly, from 32% to 42% for those aged 70 and above.
Medical malpractice refers to instances where healthcare professionals fail to provide a standard level of care, leading to patient harm. This can result in severe injuries, worsened medical conditions, or even loss of life.
Type of Medical Malpractice
Incorrect diagnosis of a medical condition.
Mistakes made during surgery.
Administering the wrong medication or dosage.
Harm to the baby or mother during childbirth.
Failing to provide timely medical care.
Inadequate Informed Consent
Not properly informing patients of risks.
Nursing Home Neglect
Negligence in care at nursing homes.
According to Canadian Dimension Magazine, around 40,000 deaths occur yearly due to mistakes in Canada’s healthcare system, which is essentially a medical malpractice.
A similar article points out that Canada also has a culture of fewer lawsuits compared to the United States. An American Medical Association (AMA) report reveals that Canadian doctors are sued only a quarter as often as their American counterparts.
In the last five years, the number of legal actions against doctors, overseen by the Canadian Medical Protective Association (CMPA), has steadily decreased, from 891 in 2016 to 732 in 2020. Most of these cases (94.3%) were resolved through settlement or dismissed.
Navigating the process of filing a personal injury claim can be intricate, but diligently following each step is necessary to ensure you receive the rights and compensation you deserve.
To initiate a personal injury claim, follow these essential steps:
Investigation and evidence are the bedrock of any successful legal case. These elements are essential in upholding the rule of law.
Importance of Evidence Gathering:
Documents injuries, treatments, and recovery.
Establishes a link between the accident and injuries.
Reveals medical expenses for compensation calculation.
Negotiating a settlement is a critical phase in a personal injury claim. To help you navigate this process, here are the negotiation tactics and strategies:
Starting with a Strong Offer
Initiating negotiations with a reasonable demand.
Providing evidence to support your claim.
Avoiding hasty decisions and allowing for discussion.
Willingness to Compromise
Being open to negotiation and finding a middle ground.
Understanding the Opponent
Knowing the other party’s position and motivations.
Promptly addressing counteroffers and inquiries.
Having a skilled attorney negotiate on your behalf.
Taking a personal injury claim to court is significant when negotiations fail to produce a fair settlement.
The personal injury lawsuit process involves several key steps: filing a formal complaint, serving legal documents, exchanging information and evidence in discovery, pre-trial procedures, trial, judgment issuance if in your favour, and the option for either party to appeal if they believe errors occurred during the trial.
The level of compensation awarded in personal injury claims varies significantly, contingent upon the severity and circumstances of the case being pursued.
Types of Compensation
Type of Compensation
When determining compensation in a personal injury claim, several factors are considered:
Throughout the claims process, it’s essential to remain vigilant about the strategies employed by opposing parties or institutions to keep the compensation rightfully owed to you.
Insurance Company Tactics
Offering settlements below fair compensation.
Protracting the claims process to pressure claimants.
Denial of Liability
Contesting fault to avoid paying claims.
Monitoring claimants to challenge the severity of injuries.
Obtaining independent medical evaluations to dispute injuries.
How to Handle Challenges from Insurers:
Consult an Attorney
Seek legal representation to protect your interests.
Maintain thorough records of your injuries and losses.
Carefully review settlement offers and consult professionals.
Don’t succumb to pressure; pursue a fair settlement.
Lengthy Legal Process
Lawsuits can take time, delaying compensation.
Insurance Company Tactics
Insurers can create obstacles in the claims process.
Courts can have significant case backlogs.
Intricate cases can require extensive legal procedures.
Understand that legal processes take time.
Engage experienced attorneys to navigate complexities.
Initiate your claim promptly to reduce delays.
Stay committed to securing fair compensation.
In the world of personal injury claims, knowledge is power. Understanding the types of compensation, how settlements are reached, and the challenges you could face empowers you to make informed decisions.
If you or a loved one has been injured due to someone else’s negligence, don’t face the journey alone. Consult with us in Sidhu Personal Injury Lawyers Calgary for your personal injury claims in Alberta. We have the skilled attorney able to navigate the complexities of your claim. Your path to justice and fair compensation starts with the right legal representation.
Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you receive compensation. Typically, their fee is a percentage of the final settlement or court award.
We’re not around right now. But you can send us an email and we’ll get back to you, asap.