28/07/2014 by Braithwaite Boyle
Do All Cases Go to Court?
Not all injury cases go to court, in fact the vast majority do not. However, the time to sue for compensation is limited, and one must file the law suit in court by the proper limitation date. If you have not settled your injury claim before the limitation period expires and if you have not filed the law suit with the court against the at fault party by the limitation date, you lose your right to seek compensation from the at fault party.
In Alberta, you have 2 years from the date you suffered an injury to sue the at fault party for compensation by filing a Statement of Claim with the court. Please note, however, there may be shorter time limits if you need to sue a Federal, Provincial, Municipal Government or agency for your injuries.
In a court action the injured party is called the Plaintiff and the at fault party is called the Defendant. Most personal injury claims will resolve before a trial in court starts. However there are some complex cases that do not. A trial may be necessary to resolve complex cases where there are issues regarding the nature and extent of the Plaintiff’s injuries, the medical evidence required to prove those injuries, whether the defendant has caused all of the Plaintiff’s injuries and the recoverable damages/ losses that flow from the injury caused by the at fault party.
There are many options to resolving a personal injury case without the need for a full court trial. For example settlement negotiations between your lawyer and the at fault party’s insurance adjuster or lawyer, mediation through a trained mediator, or presentation of the case to a Queen’s Bench Judge without a full trial through a process called Judicial Dispute Resolution, known as a JDR.
At Braithwaite Boyle our experienced injury lawyers will skillfully and aggressively pursue your injury claim. We will explain the legal process to you and will take all necessary steps to protect your rights to fair and proper compensation. You do not pay us until we obtain a settlement or court judgment for you.
If you or a loved one is injured call Braithwaite Boyle today for your free initial consultation and speak to one of our experienced injury lawyers to get the help and advice you need.
Information provided by John B. Stewart, BA, LLB.