Protecting Your Rights: Understanding Personal Injury Laws in Edmonton

Personal injury claims are a common form of legal action. The law surrounding personal injury cases can be confusing, so it’s important to understand how these cases work if you’re ever involved in one.

In this guide, we’ll cover the basics of personal injury laws in Edmonton and explain how they apply to different types of incidents. We’ll also walk through the legal process for claiming injuries caused by others’ negligence or carelessness.

The Basics of Personal Injury Laws in Edmonton

According to Moustarah & Company, personal injury claims are a type of civil lawsuit. They can be brought against the person or company who caused your injury. Personal injury lawsuits are used to recover compensation for damages due to another person’s negligence or fault.

This can include:

● Medical costs associated with treating your injuries

● Lost income while you are unable to work due to an injury

● Pain and suffering caused by an accident or injury

Common Types of Personal Injury Cases in Edmonton

There can be various types of personal injury cases, such as:

● Truck accidents: These can be especially dangerous, as semi trucks can weigh upwards of 18 tons. Even if you’re not in the front of the vehicle, you could still be seriously injured in an accident involving a large truck. One such case occurred in Edmonton on May 02, 2023. As covered by CTV News Edmonton, a semi-truck and a pickup crashed west of Edmonton at Highway 627 and Range Road 12. A 65-year-old man was rushed to University of Alberta Hospital in critical condition.

● Slip and fall accidents: Slipping on wet floors or tripping over uneven sidewalks can cause serious injuries, including broken bones, sprains, and strains. The place’s owner could be held liable if there was no sign of wet floors or chances of slips and falls.

● Medical malpractice: Doctors must provide competent care during treatment so that their patients don’t suffer unnecessary harm. If they fail to do so, and the patient suffers more health problems, it can be filed under personal injury.

● Auto accidents: Whether it’s due to distracted drivers or careless drivers who speed, accidents happen daily across Edmonton. Car crashes are up in Edmonton. In fact, the Edmonton Journal shows that car crash deaths are also rising, as 16 people died in 2021. Moreover, weather conditions can also lead to accidents. For instance, the first snow in Edmonton in 2023 caused over 100 crashes, as reported by CityNews Everywhere.

● Dog bites: Dogs are great companions but can pose serious threats when they attack without warning or provocation from their owners or handlers. If you are not at fault for provoking the dog, a dog-bit case can be filed against the owner. As stated by the Edmonton Journal, at least 569 dog attack complaints were filed in Edmonton in 2023. Dog attacks have increased by 18% since the previous year in Edmonton.

● Workplace injuries: Every year, thousands of people suffer workplace-related injuries that lead them down difficult paths toward recovery (some even death). A personal injury case can be filed if the accident was due to the employer’s negligence.

If any such incident happens to you, you can file a lawsuit against the party who was negligent. Personal injuries can lead to numerous problems, such as health issues, financial troubles, mental health problems, etc. Hence, filing a lawsuit and fighting for the right compensation can help you recover from the incident.

However, filing a case alone won’t be enough to help you win the case. You need to hire an experienced personal injury lawyer in Edmonton for this. An experienced attorney will know how to work on such cases to get you the right settlement amount. The lawyer can help you throughout the legal procedure. Moreover, he or she can also communicate with the insurance company on your behalf to get the deserved settlement amount.

The Legal Process for Personal Injury Claims

The legal process for personal injury claims can vary depending on the jurisdiction, but there are common steps that are typically followed. Here is a general overview of the legal process for personal injury claims:

● Seek medical attention: The first and most important step is to seek medical attention for your injuries. Your health should be the top priority.

● Gather evidence: Collect evidence related to the accident and your injuries. This may include photographs of the accident scene, witness statements, medical records, and other relevant documentation.

● Report the incident: If the injury occurred in a public place or due to someone else’s actions, report the incident to the relevant authorities. For example, if it’s a car accident, report it to the police.

● Consult an attorney: It’s advisable to consult with a personal injury attorney as soon as possible. They can provide legal advice, assess the strength of your case, and guide you through the legal process.

● File a claim: Your attorney will help you file a personal injury claim against the at-fault party. This claim outlines the details of the incident, your injuries, and the compensation you seek.

● Investigation: Both parties will engage in the discovery process, exchanging information and evidence related to the case. This may involve depositions, interrogatories, and document requests.

● Negotiation/settlement talks: Many personal injury cases are settled before trial. Your attorney and the defendant’s attorney may negotiate to settle. You’ll receive compensation without going to court if an agreement is reached.

● Filing a lawsuit: If a settlement cannot be reached, your attorney may file a lawsuit. This involves submitting a complaint to the court outlining the details of your case.

● Mediation or arbitration: In some cases, parties may be required to participate in mediation or arbitration to attempt to resolve the case before going to trial.

● Trial: The case will go to trial if a settlement is not reached. The court will hear arguments from both sides, and a judge or jury will determine the outcome.

● Appeal: If either party is dissatisfied with the trial outcome, they may have the right to appeal the decision.

Determining Damages and Compensation

Damages are the monetary amount you may be entitled to as compensation for your injuries. Compensation can also be referred to as “damages,” but there is a difference between the two.

A court of law awards damages and refers to the financial amount awarded for pain and suffering caused by an injury or death. Compensation refers more broadly to all damages, including economic losses, medical expenses, loss of companionship/caregiving services, etc.

A lawyer can be extremely useful in determining damages and compensation. That’s because the party at fault or his or her insurance company can try to settle the case at lower amounts. For instance, an employee working at Sofina Foods was injured at the workplace and died at the hospital the same day.

As mentioned by the CBC News, the 33-year-old leaves behind an expecting wife and a child. However, the company had just offered life insurance, leaving room for more assistance. An attorney can ensure that you get the right compensation in such cases.

Hiring a Personal Injury Lawyer in Edmonton

When you need legal help, you should not hesitate to hire a personal injury lawyer. A good attorney can assess your case and determine whether you have a valid claim. If so, they will work with you as much as possible to meet your needs.

Personal injury lawyers often work on contingency fees. This means they receive payment only if they win or settle your case for more than it would cost them out-of-pocket. This means that when hiring an attorney, there’s no cost unless they succeed in getting compensation for their client.

Attorney Finder states that you can expect to pay 20-40% of your compensation as fees. Although it may sound more, hiring a lawyer is still in your best interest. Most attorneys in Alberta choose the contingency fee structure. It can range from $2000 to $10,000, including legal and miscellaneous fees.

To conclude, knowing your rights and options is important if you’ve been injured in an accident. This article has outlined some of Edmonton’s most common personal injury claims and how the courts handle them. Contact an attorney today if you have questions about your case or need help understanding what legal options are available.