How does the personal injury claims process work in Alberta?
Braithwaite Boyle wants to provide you with clarity and peace of mind as we navigate this difficult time.
If you’ve been injured in an accident due to someone else’s negligence, filing a personal injury claim can help you recover compensation for your medical bills, lost wages, and pain and suffering. At Braithwaite Boyle, our experienced lawyers are here to guide you through every step of the process, ensuring your rights are protected, and that you receive the compensation you deserve. Get started on your road to recovery today with a free consultation with an Alberta injury lawyer.
The first step in any personal injury case is determining fault. If you’ve been injured, it’s crucial to identify who was responsible for the accident. Once you reach out to us—either by phone, text, or online—one of our Alberta injury lawyers will conduct a free consultation to evaluate your situation. We’ll explain the legal options available to you, including how we can help build a strong case for your claim.
If we move forward with your personal injury case, we’ll schedule an initial meeting to officially open your file. You can visit our office, or if it’s more convenient, we offer remote or in-home meetings to accommodate your needs. Once the case is open, we notify the at-fault party’s insurance company and take over all communication with them. From this point forward, you won’t have to worry about dealing with the insurance company—we handle everything.
Your recovery is the most important part of the process, and it takes time. We recommend that clients allow up to six months after the accident to see whether their injuries result in long-term effects. For many, the road to recovery can take 18 months to 2 years. During this period:
Once you’ve reached maximum medical improvement (MMI)—either a full recovery or a plateau in your healing process—we can accurately assess the value of your claim. At this stage, we review your medical documentation and work with experts to determine the long-term impact of your injuries. Your future care needs and long-term prognosis will also play a critical role in the final valuation of your claim.
After your condition stabilizes, we prepare a settlement proposal, which includes the full scope of your damages, including medical bills, lost wages, and any future expenses related to your injury. We submit the settlement proposal to the at-fault party’s insurance company and begin negotiating for a fair settlement on your behalf. During this stage, you won’t need to do anything — we’ll handle all the negotiations.
In most cases, we’re able to negotiate a fair settlement directly with the insurance company, without the need to go to court. Lawyers often work with insurers, presenting detailed evidence to achieve the best outcome. Settlements can include accident compensation for medical expenses, lost wages, pain and suffering, and future care costs. The majority of cases are settled out of court, saving time, stress, and costs for everyone involved.
While we strive to resolve cases through negotiation, there are instances where a fair settlement can’t be reached. Some reasons include:
If we’re unable to reach an agreement through negotiation, the next step is litigation. While most personal injury cases settle out of court, some may require going to trial. In this case, we’ll present your case in court, providing evidence and expert testimony to support your claim.
The at-fault party will be questioned, you will also be questioned by the other party, and both sides will present their arguments.
Once both parties have made their case, an outcome decision will be made. Throughout this process, we will be by your side, ensuring you’re fully informed and supported.
Whether through negotiation or litigation, the case is settled once a final agreement is reached, and you’ll receive your compensation. Depending on the complexity of your case, this process can take anywhere from two to four years.
At Braithwaite Boyle, we work diligently to secure the best possible outcome for your case. Whether through negotiation or in court, our team will be with you every step of the way, fighting for the compensation you deserve.
