Navigating a personal injury claim in Alberta involves seeking monetary compensation for injuries caused by another's negligence. From car accidents to workplace incidents, any harm suffered due to someone else's actions may qualify for such a claim. It's important that you seek compensation to cover medical bills, lost wages, and other expenses that have been incurred due to the injury. This will ease the financial burden on both you and your family during the recovery process. Here's a step-by-step guide to help you through it: Seek Medical AttentionYour health should always be your top priority. If you've been injured, you need to seek medical attention as soon as possible to make sure you receive the necessary treatment. This is also an important step because it creates a record of your injuries, which is important for your personal injury claim. By seeking medical help right away, you’re taking the first step toward recovery and laying the groundwork for your case. Document EverythingWhen pursuing a personal injury claim, meticulous documentation is essential. Here's what you need to keep track of: Medical BillsEvery medical expense related to your injury should be documented meticulously. This includes bills from hospitals, clinics, doctors, specialists, therapists, and any other healthcare providers you've seen. Treatment PlansKeep records of all treatment plans prescribed by your healthcare providers. This encompasses any surgeries, therapies, rehabilitation programs, or other forms of medical treatment recommended to aid in your recovery. MedicationsRecord all medications prescribed to you as a result of your injury. Include both prescription and over-the-counter medications, along with dosage information and dates of prescription. Other ExpensesDon't overlook additional expenses incurred due to your injury. This could include costs for transportation to medical appointments, home modifications for accessibility, or hiring help for household tasks you're unable to perform due to your injury. Notify the Relevant PartiesInform the necessary parties about your injury. This may include your employer (if the injury occurred at work), insurance companies, or any other parties involved. Timely notification helps in initiating the claims process smoothly. Your EmployerIf your injury occurred at work, it's crucial to inform your employer as soon as possible. This initiates the process for workers' compensation benefits and ensures that your employer is aware of the incident. Insurance CompaniesNotify all relevant insurance companies about the injury. This includes your own insurance provider as well as any other parties involved, such as the insurance company of the at-fault party in cases of car accidents or property damage Other Involved PartiesIf your injury involves other individuals or entities, such as in a car accident or slip and fall incident on someone else's property, notify those parties as well. This could include the owner of the property where the incident occurred or the driver of the vehicle involved in the accident. Consult with an Injury LawyerConsider consulting with an injury lawyer to understand your legal options. At Braithwaite Boyle, we offer free consultations to discuss your case and provide guidance on the best course of action. A legal expert can help you navigate the complexities of personal injury claims and make sure that your rights are protected. InvestigationOnce you've hired a lawyer, they will do a thorough investigation into what happened and the circumstances surrounding your injury. This may involve gathering evidence, interviewing witnesses, and assessing the extent of your damages. Gathering EvidenceYour lawyer will also gather evidence supporting your claim. This may involve obtaining medical records, accident reports, photos of the scene, and any other relevant documentation. Interviewing WitnessesWitness testimony can help establish the facts of your case. Your lawyer will interview witnesses who were present at the time of the incident to gather their accounts of what happened. Assessing the Extent of DamagesIt’s important to understand the full extent of your damages in order to seek fair compensation. Your lawyer will assess all damages, including medical expenses, lost wages, pain and suffering, and any other losses you've incurred as a result of the injury. Negotiate a Fair CompensationYour lawyer will work on your behalf to negotiate a fair settlement with the insurance company or other responsible parties. This negotiation aims to secure compensation that adequately covers your medical expenses, lost wages, pain and suffering, and other damages. Pre-TrialIf a settlement cannot be reached through negotiation, the next step is pre-trial preparation. This involves further legal proceedings to prepare your case for trial, including discovery, depositions, and motions. DiscoveryDuring the discovery phase, both parties exchange information relevant to the case. This may include documents, witness statements, and other evidence. Discovery helps each side understand the strengths and weaknesses of the opposing party's case. DepositionsDepositions involve sworn testimony given by parties and witnesses involved in the case. Attorneys from both sides have the opportunity to ask questions, which are recorded by a court reporter. Depositions help attorneys assess the credibility of witnesses and gather additional information for trial preparation. MotionsBefore trial, either party may file motions with the court to address legal issues or procedural matters. Motions can include requests to exclude evidence, dismiss the case, or compel certain actions by the other party. The judge will consider these motions and issue rulings accordingly. Trial/LitigationIn the event that your case proceeds to trial, your personal injury lawyer will represent you in court. During the trial, evidence will be presented, witnesses will testify, and arguments will be made to support your claim. Your lawyer will advocate for your rights and work towards achieving a favorable outcome. Filing a Claim? Talk to a Personal Injury Lawyer in AlbertaIf you've been injured in Alberta and need assistance with your personal injury claim, contact Braithwaite Boyle today for a free consultation.
Our experienced team is here to support you and fight for the compensation you deserve.
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In Alberta, those who have suffered personal injuries because of negligence or misconduct of others are eligible to pursue legal action. A personal injury lawyer can guide plaintiffs through the complexities of the legal process. They can protect their rights and advocate for fair compensation. Understanding the range of personal injuries for which one can file a lawsuit is essential for making informed decisions about legal recourse. By knowing the types of injuries eligible for legal action, individuals can better navigate their options and seek appropriate compensation for their damages. Let’s take a look at those injuries: Motor Vehicle AccidentsAlberta's roads witness a significant number of motor vehicle accidents each year, ranging from car collisions to incidents involving trucks and bicycles. Injuries sustained in these accidents can vary from minor to severe, impacting victims physically, emotionally, and financially. Whether you're a driver, passenger, or pedestrian involved in such accidents, you may be entitled to compensation for medical expenses, rehabilitation costs, lost income, and pain and suffering. Motorcycle AccidentsAlberta's picturesque landscapes make it an attractive destination for motorcycle enthusiasts. However, motorcycle accidents can lead to devastating injuries because of the inherent risks associated with riding. From head injuries to spinal cord damage, the consequences of motorcycle accidents can be life-altering. If you've been injured in a motorcycle accident, pursuing a personal injury claim can help cover medical treatment, ongoing care, lost wages, and other related expenses. Slip and Fall AccidentsNot all injuries involve vehicles, such as slip and fall accidents. These occur frequently, especially during the winter months when icy sidewalks and poorly maintained premises pose significant hazards. These accidents can result in:
Property owners and managers are legally obligated to keep their premises safe and address potential hazards promptly. If you've been hurt in a slip-and-fall accident as a result of negligence and poor maintenance, you may be eligible for compensation to cover expenses such as medical bills, rehabilitation, and other associated costs. Pedestrian AccidentsPedestrians are among the most vulnerable road users, and they face significant risks of injury when involved in accidents with motor vehicles. In Alberta, pedestrian accidents can occur at intersections, crosswalks, and other areas frequented by foot traffic. Victims of pedestrian accidents may sustain injuries such as:
If you've been hit by a vehicle while walking, speak to a personal injury lawyer. They can help get you the compensation you deserve for your injuries, including rehabilitation expenses, lost wages, and pain and suffering. Public Transportation Accidents Accidents that involve public transportation, such as buses and trains, can result in serious injuries to passengers and bystanders. In Alberta, public transportation providers have a duty to ensure the safety of their passengers and the public. If you've been injured in a public transportation accident due to negligence or misconduct, you may have grounds for a personal injury claim to recover damages for medical treatment, rehabilitation, lost income, and other losses. Commercial/Social Host Liability Alberta's laws hold commercial establishments and social hosts accountable for injuries that occur on their property due to negligence or inadequate safety measures. Whether it's a slip and fall in a grocery store or an injury at a private residence, property owners and hosts may be liable for damages. If you've been injured due to the negligence of a commercial establishment or social host, you may be entitled to compensation for medical expenses, lost income, and pain and suffering. Government Liability When injuries result from negligence or wrongdoing by government entities or employees, victims have the right to seek compensation through legal channels. In Alberta, government liability cases may arise from accidents on public roads, sidewalks, or government-owned properties. Whether it's a slip and fall on a poorly maintained sidewalk or an accident caused by negligent road maintenance, victims may pursue personal injury claims against the government to obtain compensation for their injuries, financial losses, and other damages. Wrongful DeathIn tragic cases where a loved one has died due to someone else's negligence or misconduct, surviving family members may pursue a wrongful death claim. Wrongful death claims hold the responsible parties accountable for their actions and provide compensation to surviving family members for their loss. While no amount of money can replace a lost life, a wrongful death settlement can help ease financial burdens, provide closure, and ensure that justice is served. What is the Process for Suing in Alberta?Suing for personal injury in Alberta involves several steps, beginning with the initial consultation with a qualified injury lawyer. During this consultation, the lawyer will assess the merits of your case and determine the best course of action. If the decision is made to proceed with legal action, the next steps typically include:
Navigating the legal process can be complicated and stressful, which is why having an experienced lawyer on your side is essential. They can guide you through each step of the process, advocate for your rights, and work towards achieving the best possible outcome for your case. Personal Injury Lawyers in Alberta - We’re Here To HelpIf you've been injured in any of the aforementioned accidents, it's crucial to seek legal guidance from an experienced personal injury lawyer in Alberta.
Braithwaite Boyle specializes exclusively in accident cases, ensuring focused expertise in advocating for your rights and helping you pursue the compensation you deserve. Contact us today for a free consultation, and let us put our dedicated experience to work for you. **Please note that this article is to only provide general information. It cannot be considered as legal advice. If you have any questions or concerns, or have been involved in a motor vehicle accident, please contact Braithwaite Boyle Injury Law and one of our lawyers would be happy to assist you. Endorsements to the Standard Automobile Policy add extra coverage for certain things. Alberta’s Family Protection endorsement, commonly referred to as the SEF 44, is the most valuable and important one.
This common insurance policy endorsement is an optional but highly recommended endorsement to any motor vehicle accident policy. The mandatory legislated insurance coverage required by law under the SPF 1 Alberta Standard Automobile Insurance is $200,000. In many cases, that amount may not be sufficient to cover all personal injury and property claims arising from a not at fault or partially at fault accident in which you or your family members may have been involved. If you or a family living in the household is injured in a motor vehicle accident with an uninsured or underinsured motorist, or involved in a hit and run, you can then access your own SEF 44 endorsement to cover any shortfall for your claims. Most if not all brokers add the SEF 44 endorsement up to $1,000,000, or the limits of your Section A liability coverage, to insurance policies. There is a provincial entity called the Motor Vehicle Accident Claims Fund (commonly called the Fund). This Fund covers injury claims only (not vehicle damage) the limit of coverage is $200,000. If you or a family member are involved in either a hit and run where the other driver is unidentified, or struck by a driver with only the statutory minimum $200,000 coverage, and the total injury claims exceed $200,000, then you can claim the shortfall from your SEF 44 Family Protection Endorsement. However, consider a situation where an accident involves multiple serious injuries. It is important to note that if the at fault driver has $1,000,000 liability coverage, and you also have $1,000,000 coverage, then you cannot access your SEF 44. The policies don’t “stack”. If an injured party does not have does not have their own insurance with an SEF endorsement, it is important to explore if there is SEF coverage from another source, including but not limited to the following:
There are other situations that may provide SEF 44 coverage so it is important to consult with a Personal Injury Lawyer at Braithwaite Boyle to explore other areas of recovery. **Please note that this article is to only provide general information. It cannot be considered as legal advice. If you have any questions or concerns, or have been involved in a motor vehicle accident, please contact Braithwaite Boyle Injury Law at 780-451-9191 and one of our lawyers would be happy to assist you. If you operate a motor vehicle in Alberta, you are legally required to carry motor vehicle insurance. The Standard Automobile Policy is governed by provincial legislation, and therefore the basic terms and conditions are the same for all policies.
The mandatory level of Section A coverage is $200,000. However, most people choose to increase that coverage to at least $1,000,000 or $2,00,000 to ensure they have enough coverage in the case of multiple claims from one incident, or very serious injuries to people in the other vehicle/s, where $200,000 may not be sufficient to cover all claims. There are three sections of the policy: In 2004, the Alberta government introduced a piece of legislation called the Alberta Minor Injury Regulation, which placed a cap on the compensation available to an individual who sustained minor injuries in a motor vehicle accident (the “Cap”). This bold move was taken in an attempt to balance the rights of injured victims, with the increasing costs of providing and purchasing insurance. In the years prior to the introduction of the Cap, insurance companies lobbied the government for a change, arguing that, as a result of an increase in personal injury claims and subsequently, a spike in their costs to settle these claims, they had no choice but to increase insurance premiums. The insurance companies promised the government that by limiting the money that goes to injured Albertans by putting a cap on payouts for “minor injuries”, that they could reduce their own costs and consequently, lower insurance premiums to the general public. This scheme proved successful, and the Cap was created.
The value of a personal injury claim is determined through a calculation of your heads of damages. There are several heads of damages which are classified as pecuniary or non-pecuniary damages. Special damages, also known as pecuniary damages, are monetary awards for specific losses such as economic losses, including repair costs, loss of income, loss of future income, loss of housekeeping, and medical and rehabilitation costs. General Damages, also known as non-pecuniary damages, are awards to compensate for pain, suffering and loss of enjoyment of life.
1. General Damages In 1978 the Supreme Court of Canada put a limit on the amount of general damages one can claim. Accounting for inflation, that current limit is $366,000.00, and is only awarded in those cases where some one has suffered catastrophic injuries. In 2004 the Alberta government implemented legislation that caps general damages for pain and suffering at $4000.00 for “minor injuries”. This amount is increased every year for inflation. The 2023 CAP in Alberta is $5,817. There are many steps involved in a personal injury claim and there are strict time lines that must be adhered to otherwise you may loose your right to recover damages. The following is a basic outline of the way a claim would proceed.
1. Initial Meeting Meet with a lawyer to discuss your accident, your injuries, and their impact on your life. Assuming you are not at fault for the accident, you may proceed with a claim against the at fault driver. Investigation will begin to gather all of the necessary evidence to advance your claim, including the police report, medical records and employment information. Social Media
In Canada, as across most of the world, people love their social media. According to the Social Media Lab at Ryerson University, in 2017, approximately 94% of online Canadians are on at least one social platform (1) and the Canadian Internet Registration Authority reports that approximately 61% percent of Canadian's engage on social media every single day. (2) Almost as dramatic as the growth that social media has seen over recent years is the changing ways that the average Canadian interacts with their social media accounts. Gone are the days of using social media for only posting pictures of your dog and your dinner (...well almost gone). Social media has now become one of the primary providers and drivers of our societal values, news, and culture. With four out of five Canadians reporting that they're keeping up to date with current events through social media sites like Facebook, LinkedIn and Twitter. (3) However, there is one major use of social media that most individuals are not aware of, the potential that your posts could be used against you in the litigation process. Nobody wants to be involved in any kind of car accident, but a collision involving a vehicle and a pedestrian can be particularly traumatic, both for an injured pedestrian and for the driver involved. The consequences can be more dire than with an accident involving two vehicles, and the avenue to compensation for the victim is somewhat different than in a vehicle-vehicle accident.
Driving in general is an activity that carries notable risks. This is part of the reason why automobile insurance coverage is mandatory. Accidents occur frequently enough that, from a public policy standpoint, it is vital to ensure that victims of motor vehicle accidents can seek compensation for expenses that arise from being injured, including medical bills and income loss from time off work.
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