How To Start An Personal Injury Claim.

Personal Injury Explained

WHAT IS PERSONAL INJURY LAW?

Overview: Personal injury law focuses on litigation involving injuries caused by another's actions or negligence. Our primary practice represents plaintiffs, meaning we file claims on behalf of those who have been injured.

Compensation: Under Canadian law, compensation is intended to return the injured party to their pre-injury state. Claims can only be made for injuries sustained due to the incident, not pre-existing conditions. However, additional compensation related to the incident may be pursued.

WHAT IF I CAN’T AFFORD A LAWYER?

Initial Consultation: After you contact us, we gather general information and schedule a meeting. For personal injury cases, this meeting is free of charge.

Contingency Fees: We operate on a contingency fee basis, meaning we only get paid if you receive compensation. This fee is a percentage of the amount recovered, either through settlement or court decision.

PROCESS FOR MAKING A PERSONAL INJURY CLAIM

Filing a Claim: To start litigation, we file an originating court document. Depending on the case, this could be a Civil Claim (for matters up to $100,000) in the Alberta Court of Justice or a Statement of Claim in the Court of King’s Bench of Alberta.

Timeframe: Generally, you have two years from the injury date to file a claim. We typically wait until you are fully or substantially healed before filing or settling to ensure the full extent of your injuries is known.

Settling a Claim: If you heal before the two-year mark, we may propose a settlement to the opposing party. If settlement negotiations fail, we proceed with filing the claim.

Claims in the Court of King’s Bench of Alberta

STEPS AFTER FILING:

  • File a Statement of Claim within 2 years of the date of the motor vehicle accident. 

  • Serve the Statement of Claim within 1 year of filing the Statement of Claim.

  • If the claim cannot be settled at the defence adjuster stage, the defence adjuster will refer their file to a defence counsel/lawyer.

  • The defence counsel/lawyer files a Statement of Defence.

  • The parties exchange Affidavit of Records (AOR) and producible documents. An Affidavit of Record lists the relevant and material records in a party’s power, control, or possession.  However, in personal injury claims and litigation, there are always new or updated documents and records that arise, which will later be listed in a Supplemental Affidavit of Records. Plaintiff’s AOR needs to be served on the Defendant 3 months (90 days) after SOD has been served. Defendant’s AOR is due within 1 month after the Plaintiff’s AOR has been served.

  • The parties proceed to Questioning where you will be examined under oath (ie. commonly

    referred to as a “deposition”). 

  • The parties will answer Undertakings given at Questioning.

  • The parties proceed to further Questioning on the responses to Undertakings.

  • Formal exchange of expert reports.

  • Schedule trial.

  • Run trial. 

ACT NOW

WHAT CAN I SEEK IN A CLAIM?

Damages:

  • General Damages: Compensation for non-quantifiable items like pain and suffering.

  • Special Damages: Compensation for quantifiable losses, such as lost income and out-of-pocket expenses.

Special Damages Examples:

  • Loss of Income: Compensation for lost wages and unpaid time off for appointments related to the injuries.

  • Housekeeping: Compensation if you're unable to perform regular household tasks due to injuries.

  • Future Cost of Care: Costs for medical treatments like physiotherapy, chiropractic care, and massage.

WHEN SHOULD I CONTACT A PERSONAL INJURY LAWYER?

Early Involvement: Retaining a personal injury lawyer early on ensures that important deadlines are met and helps you maintain proper records. We can also recommend treatment providers and assist in dealing with insurance companies.

We Can Help!

Consultation: It's best for you to consult a lawyer, even if some time has passed since your injury. Insurance companies and corporations often respond more favourably when a lawyer is involved. Contact our personal injury team at (780)448-0807 for assistance. Stay safe and aware of your surroundings.