How Do I File a Personal Injury Claim in Alberta?

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 Attention

Your 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.
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By seeking medical help right away, you’re taking the first step toward recovery and laying the groundwork for your case.​

Document Everything

When pursuing a personal injury claim, meticulous documentation is essential. Here's what you need to keep track of:

Medical Bills

Every 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 Plans

Keep 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.

Medications

Record 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 Expenses

Don'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 Parties

Inform 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 Employer

If 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 Companies

Notify 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 Parties

If 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 Lawyer

Consider consulting with an injury lawyer to understand your legal options.
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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.

Investigation

Once 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 Evidence

Your 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 Witnesses

Witness 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 Damages

It’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 Compensation

Your 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-Trial

If 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.

Discovery

During 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.

Depositions

Depositions 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.

Motions

Before 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/Litigation

In 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 Alberta

If 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.

Book your free consultation today