Edmonton Injury Claims

Frequently Asked Questions

What is the time limit for filing a claim?

In Alberta:

• 2 years from injury date: This is the standard limitation period for most personal injury claims. Missing this deadline can prevent you from making a claim.
• Different for minors: Minors have 2 years from their 18th birthday to file a claim, giving them more time to pursue compensation.
• Different for government claims: Special rules apply for claims against government entities, often with shorter limitation periods.
• Exceptions possible: Some circumstances may extend or shorten the limitation period, such as delayed discovery of injuries.
• Strict deadlines: These time limits are strictly enforced by the courts and cannot be extended without special circumstances.
• Legal advice recommended: Consult a lawyer to understand your specific timeline and ensure you don’t miss important deadlines.

How is compensation calculated?

Compensation considers:

• Medical expenses: Includes past and future medical treatment costs, including hospital stays, surgeries, and rehabilitation.
• Lost income: Compensation for wages lost due to injury and reduced earning capacity in the future.
• Future care needs: Costs for ongoing medical care, therapy, and support services required due to the injury.
• Pain and suffering: Compensation for physical and emotional distress caused by the injury and its impact on your life.
• Loss of enjoyment: Compensation for the impact on your ability to enjoy life and participate in activities you previously enjoyed.
• Rehabilitation costs: Expenses for physical therapy, occupational therapy, and other recovery services needed for rehabilitation.

What if I’m partially at fault?

Alberta follows:

• Contributory negligence: Your compensation may be reduced by your percentage of fault in causing the injury.
• Percentage reduction: If you’re found 20% at fault, you would receive 80% of the total compensation amount.
• Comparative fault: The court determines each party’s degree of responsibility for the accident and resulting injuries.
• Multiple parties: When multiple people share responsibility, the court apportions fault among all parties involved.
• Compensation adjustment: Your final compensation amount is reduced based on your percentage of fault in the incident.
• Legal advice crucial: A lawyer can help protect your interests and minimize your percentage of fault in the case.

How long does a claim take?

Timeline depends on:

• Injury severity: More serious injuries typically take longer to resolve as they require more extensive treatment and assessment.
• Treatment duration: Claims often wait until treatment is complete to fully understand the long-term impact of injuries.
• Liability issues: Disputes over who is at fault can prolong the process as both sides gather evidence and present arguments.
• Insurance response: The speed at which insurance companies process and respond to claims affects the overall timeline.
• Court availability: If the case goes to court, scheduling can affect timing due to court backlogs and availability.
• Settlement negotiations: The time needed to reach a fair settlement depends on the complexity of the case and willingness to negotiate.

What is a contingency fee?

Contingency fee means:

• No upfront costs: You don’t pay legal fees until your case is resolved, making legal representation accessible.
• Percentage of recovery: Typically 25-40% of the settlement or award goes to the lawyer as payment for services.
• Risk sharing: The lawyer takes on the financial risk of the case, only getting paid if you receive compensation.
• Clear agreement: All fee terms should be in writing before starting to ensure transparency and understanding.
• Expenses may apply: Some costs like court fees and expert reports may need to be paid regardless of outcome.
• No recovery, no fee: If your case is unsuccessful, you don’t pay legal fees, though you may still owe expenses.

What is a structured settlement?

Structured settlement:

• Regular payments: Compensation is paid over time instead of one lump sum, providing long-term financial security.
• Tax advantages: Structured settlements often have tax benefits compared to lump sum payments.
• Long-term security: Provides financial stability for future needs and ongoing medical care.
• Customized schedule: Payments can be tailored to your specific needs and anticipated expenses.
• Financial planning: Helps manage long-term financial requirements and ensures funds are available when needed.
• Needs coverage: Ensures funds are available for future medical needs and living expenses.

What is alternative dispute resolution?

Options include:

• Mediation: A neutral third party helps negotiate a settlement by facilitating discussions between the parties.
• Arbitration: A private judge makes a binding decision after hearing evidence from both sides.
• Settlement conferences: Court-supervised negotiation process that helps parties reach agreement.
• Early neutral evaluation: Expert assessment of case value to help set realistic settlement expectations.
• Collaborative process: Both sides work together to resolve the dispute with professional guidance.
• Faster resolution: These methods typically provide quicker resolution than going to trial.

How do I prove my injury?

Evidence needed:

• Medical records: Documentation of treatment, diagnosis, and prognosis from healthcare providers.
• Expert reports: Specialist opinions on the nature and extent of injuries and future prognosis.
• Witness statements: Accounts from people who saw the accident or can testify to your condition.
• Photographic evidence: Pictures of injuries, accident scene, and property damage.
• Employment records: Documentation of lost wages and impact on work capacity.
• Financial documentation: Proof of expenses and financial losses related to the injury.

What if I can’t work?

Options include:

• Disability benefits: Access to short-term and long-term disability coverage through insurance or government programs.
• Income replacement: Compensation for lost wages and reduced earning capacity due to the injury.
• Vocational rehabilitation: Assistance finding suitable employment that accommodates your injuries.
• Retraining programs: Help learning new job skills if you can’t return to your previous work.
• Modified duties: Workplace accommodations to allow you to continue working despite limitations.
• Long-term support: Ongoing financial assistance if you’re permanently unable to work.

How do I find a good lawyer?

Consider:

• Experience: Look for lawyers with specific personal injury experience and successful track records.
• Success rate: Evaluate their history of successful settlements and verdicts in similar cases.
• Reputation: Check their standing in the legal community and client reviews.
• Communication: Ensure they have a clear, responsive communication style and keep you informed.
• Fee structure: Understand how and when fees are paid, including contingency arrangements.
• Client reviews: Read feedback from previous clients about their experience and satisfaction.

What is the difference between general and special damages?

General damages:

• Pain and suffering: Compensation for physical and emotional distress caused by the injury.
• Loss of enjoyment: Impact on your ability to enjoy life and participate in activities.
• Emotional distress: Psychological impact of the injury and its consequences.
• Non-economic loss: Subjective aspects of the injury that don’t have a specific dollar value.
• Subjective assessment: Based on individual circumstances and impact on your life.
• No specific calculation: Determined by the court based on evidence and legal principles.

Special damages:

• Medical expenses: Specific costs of treatment, therapy, and medical care.
• Lost income: Quantifiable wage losses and reduced earning capacity.
• 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 with specific numbers.
• Specific calculation: Based on actual expenses and provable financial losses.

What is a catastrophic injury?

Catastrophic injuries:

• Severe brain injury: Significant cognitive or physical impairment requiring long-term care.
• Spinal cord injury: Paralysis or severe mobility limitations affecting daily life.
• Amputation: Loss of limb or body part requiring prosthetics and rehabilitation.
• Severe burns: Extensive tissue damage and scarring requiring multiple surgeries.
• Multiple fractures: Complex bone injuries requiring extensive treatment and rehabilitation.
• Permanent disability: Long-term or permanent functional limitations affecting independence.

How do I deal with insurance companies?

Important steps:

• Get legal advice: Consult a lawyer before speaking with insurance adjusters to protect your rights.
• Document everything: Keep detailed records of all communications and expenses.
• Don’t sign quickly: Review all documents carefully before signing to ensure you understand the terms.
• Review offers: Ensure settlement offers cover all your needs, including future expenses.
• Keep records: Maintain copies of all documents and correspondence with the insurance company.
• Know your rights: Understand what you’re entitled to under your policy and the law.

What is loss of future income?

Compensation for:

• Reduced earning capacity: Long-term impact on your ability to work and earn income.
• Career limitations: Restrictions on job opportunities due to permanent injuries.
• Early retirement: Forced retirement due to inability to continue working.
• Job changes: Need to change careers due to physical limitations.
• Training needs: Additional education or retraining required for new employment.
• Future opportunities: Lost potential for career advancement and higher earnings.

What is a medical-legal report?

Medical-legal report:

• Expert assessment: Professional evaluation of injuries by qualified medical specialists.
• Injury documentation: Detailed record of medical condition and treatment history.
• Treatment needs: Current and future medical requirements for recovery.
• Prognosis: Expected recovery timeline and long-term outlook.
• Disability rating: Assessment of permanent impairment and functional limitations.
• Future care costs: Estimate of ongoing medical expenses and care requirements.