Edmonton Personal Injury Law

Frequently Asked Questions

What is the time limit for filing a personal injury claim?

In Alberta:

• 2 years from date of injury – Standard limitation period for most claims
• Different for minors – Minors have 2 years from their 18th birthday to file
• Different for government claims – Special rules apply for claims against government entities
• Exceptions possible – Some circumstances may extend or shorten the limitation period
• Strict deadlines apply – Missing the deadline can prevent you from making a claim
• Legal advice recommended – Consult a lawyer to understand your specific timeline

How is compensation calculated?

Compensation considers:

• Medical expenses – Past and future medical treatment costs
• Lost income – Wages lost due to injury and reduced earning capacity
• Future care costs – Long-term medical and support needs
• Pain and suffering – Compensation for physical and emotional distress
• Loss of enjoyment – Impact on quality of life and activities
• Rehabilitation needs – Physical therapy and other recovery services

What if I’m partially at fault?

Alberta follows:

• Contributory negligence rules – Your compensation may be reduced by your percentage of fault
• Percentage reduction – If you’re 20% at fault, you receive 80% of the compensation
• Comparative fault system – The court determines each party’s degree of responsibility
• Shared responsibility – Multiple parties can share fault for an accident
• Impact on compensation – Your recovery amount depends on fault percentage
• Legal advice crucial – A lawyer can help protect your interests in fault disputes

How long does a claim take?

Timeline depends on:

• Injury severity – More serious injuries typically take longer to resolve
• Treatment duration – Claims often wait until treatment is complete
• Liability issues – Disputes over fault can prolong the process
• Insurance response – How quickly the insurance company processes the claim
• Court availability – If the case goes to court, scheduling can affect timing
• Settlement negotiations – Time needed to reach a fair settlement

What is a contingency fee?

Contingency fee means:

• No upfront costs – You don’t pay legal fees until your case is resolved
• Payment only if successful – If you don’t recover compensation, you don’t pay legal fees
• Percentage of recovery – Typically 25-40% of the settlement or award
• Risk shared with lawyer – The lawyer takes on the financial risk of the case
• Clear fee agreement – All terms should be in writing before starting
• Expenses may apply – Some costs may need to be paid regardless of outcome

What is a structured settlement?

Structured settlement:

• Regular payments – Compensation paid over time instead of one lump sum
• Tax advantages – Structured settlements often have tax benefits
• Long-term security – Provides financial stability for future needs
• Customized schedule – Payments can be tailored to your specific needs
• Financial planning – Helps manage long-term financial requirements
• Future needs covered – Ensures funds are available when needed

What is alternative dispute resolution?

Options include:

• Mediation – Neutral third party helps negotiate a settlement
• Arbitration – Private judge makes a binding decision
• Settlement conferences – Court-supervised negotiation process
• Early neutral evaluation – Expert assessment of case value
• Collaborative process – Both sides work together to resolve
• Faster resolution – Typically quicker than going to trial

How do I prove my injury?

Evidence needed:

• Medical records – Documentation of treatment and diagnosis
• Expert reports – Specialist opinions on injuries and prognosis
• Witness statements – Accounts from people who saw the accident
• Photographic evidence – Pictures of injuries and accident scene
• Employment records – Documentation of lost wages and work impact
• Financial documentation – Proof of expenses and financial losses

What if I can’t work?

Options include:

• Disability benefits – Short-term and long-term disability coverage
• Income replacement – Compensation for lost wages
• Vocational rehabilitation – Help finding suitable employment
• Retraining programs – Assistance learning new job skills
• Modified duties – Workplace accommodations for your injuries
• Long-term support – Ongoing financial assistance if needed

How do I find a good lawyer?

Consider:

• Experience – Look for lawyers with specific personal injury experience
• Success rate – Track record of successful settlements and verdicts
• Reputation – Standing in the legal community and client reviews
• Communication – Clear, responsive communication style
• Fee structure – Understand how and when fees are paid
• Client reviews – Feedback from previous clients

What is the difference between general and special damages?

General damages:

• Pain and suffering – Compensation for physical and emotional distress
• Loss of enjoyment – Impact on quality of life and activities
• Emotional distress – Psychological impact of the injury
• Non-economic loss – Subjective aspects of the injury
• Subjective assessment – Based on individual circumstances
• No specific calculation – Determined by court or negotiation

Special damages:

• Medical expenses – Specific costs of treatment and care
• Lost income – Quantifiable wage losses
• Property damage – Cost to repair or replace damaged items
• Out-of-pocket costs – Documented expenses related to the injury
• Economic loss – Financial impact that can be calculated
• Specific calculation – Based on actual expenses and losses

What is a catastrophic injury?

Catastrophic injuries:

• Severe brain injury – Significant cognitive or physical impairment
• Spinal cord injury – Paralysis or severe mobility limitations
• Amputation – Loss of limb or body part
• Severe burns – Extensive tissue damage and scarring
• Multiple fractures – Complex bone injuries requiring extensive treatment
• Permanent disability – Long-term or permanent functional limitations

How do I deal with insurance companies?

Important steps:

• Get legal advice – Consult a lawyer before speaking with insurance adjusters
• Document everything – Keep records of all communications and expenses
• Don’t sign quickly – Review all documents carefully before signing
• Review offers carefully – Ensure settlement offers cover all your needs
• Keep records – Maintain copies of all documents and correspondence
• Know your rights – Understand what you’re entitled to under your policy

What is loss of future income?

Compensation for:

• Reduced earning capacity – Long-term impact on ability to work
• Career limitations – Restrictions on job opportunities
• Early retirement – Forced retirement due to injury
• Job changes – Need to change careers due to injury
• Training needs – Additional education or retraining required
• Future opportunities – Lost potential for career advancement

What is a medical-legal report?

Medical-legal report:

• Expert assessment – Professional evaluation of injuries
• Injury documentation – Detailed record of medical condition
• Treatment needs – Current and future medical requirements
• Prognosis – Expected recovery and long-term outlook
• Disability rating – Assessment of permanent impairment
• Future care costs – Estimate of ongoing medical expenses