Edmonton Slip & Fall Claims

Frequently Asked Questions

What should I do immediately after a slip and fall?

Critical steps to take:

• Seek medical attention – Get checked by a healthcare professional, even if injuries seem minor
• Document the scene – Take photos of the hazard, lighting conditions, and any warning signs
• Report the incident – Notify the property owner or manager and get a written report
• Gather witness information – Get contact details from anyone who saw the accident
• Take photographs – Document your injuries, clothing, and footwear
• Preserve evidence – Keep the shoes and clothing you were wearing
• Get legal advice – Consult a personal injury lawyer as soon as possible
• Alberta-specific requirements – Follow local reporting procedures and documentation standards
• Emergency services – Call 911 if injuries are serious or require immediate attention
• Property owner notification – Ensure proper documentation of the incident report

How long do I have to file a claim?

In Alberta:

• 2 years from injury date – This is the standard limitation period for personal injury 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
• Alberta-specific rules – Local court procedures and filing requirements
• Notice requirements – Some claims require early notice to the property owner
• Government claims – Special procedures for claims against public entities
• Complex cases – Additional time may be needed for expert assessments

What if the property owner denies responsibility?

Options include:

• Gather evidence – Photos, maintenance records, incident reports
• Get witness statements – Written accounts from people who saw the accident
• Review maintenance records – Check property inspection and repair history
• Consider expert opinions – Engineering or safety expert assessments
• Legal action – File a lawsuit to prove liability
• Insurance claim – Submit claim to property owner’s insurance
• Document everything – Keep detailed records of all communications
• Alberta-specific procedures – Follow local court rules and evidence requirements
• Property standards – Check compliance with Edmonton building codes
• Weather records – Document local weather conditions at time of accident
• Previous complaints – Check history of similar incidents at the location

How is liability determined?

Factors considered:

• Property maintenance – Regular inspection and repair records
• Warning signs – Adequate signage for known hazards
• Weather conditions – Impact of weather on the hazard
• Building codes – Compliance with safety standards
• Safety standards – Industry best practices
• Previous incidents – History of similar accidents
• Property owner’s knowledge – Whether they knew about the hazard
• Reasonable care – Steps taken to prevent accidents
• Alberta-specific standards – Local building codes and safety regulations
• Edmonton bylaws – City-specific property maintenance requirements
• Seasonal considerations – Special rules for snow and ice removal
• Commercial property standards – Higher standards for business premises

What compensation can I receive?

Possible compensation:

• Medical expenses – Past and future treatment costs
• Lost income – Wages lost due to injury and reduced earning capacity
• Pain and suffering – Compensation for physical and emotional distress
• Future care costs – Long-term medical and support needs
• Rehabilitation needs – Physical therapy and other recovery services
• Property damage – Cost to repair or replace damaged items
• Out-of-pocket expenses – Transportation, medication, and other costs
• Loss of enjoyment of life – Impact on quality of life
• Alberta-specific caps – Provincial limits on certain types of damages
• Local medical costs – Edmonton-specific treatment expenses
• Future care needs – Long-term rehabilitation requirements
• Special damages – Quantifiable financial losses

What is premises liability?

Premises liability means:

• Property owner’s duty of care – Legal obligation to maintain safe premises
• Safe environment requirement – Must keep property reasonably safe
• Regular maintenance needed – Ongoing inspection and repair obligations
• Hazard removal obligation – Must address known dangers promptly
• Warning sign requirements – Must warn of non-obvious hazards
• Safety standards compliance – Must follow building codes and regulations
• Visitor protection – Must protect all lawful visitors
• Reasonable care standard – Must take reasonable steps to prevent accidents
• Alberta-specific laws – Provincial Occupiers’ Liability Act requirements
• Edmonton bylaws – City-specific property maintenance rules
• Commercial standards – Higher duty of care for business premises
• Seasonal obligations – Special requirements for winter maintenance

How do I deal with insurance companies?

Important steps:

• Get legal advice – Consult a lawyer before speaking with 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 the policy
• Be cautious – Insurance companies may try to minimize your claim
• Get everything in writing – Avoid verbal agreements
• Alberta-specific practices – Local insurance claim procedures
• Policy requirements – Understand Alberta insurance regulations
• Claim deadlines – Know local time limits for filing claims
• Documentation standards – Follow Alberta evidence requirements

What if I’m partially at fault?

Alberta follows:

• Contributory negligence – 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 – 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
• Evidence important – Need to show property owner’s greater responsibility
• Alberta-specific rules – Local court procedures for fault determination
• Case law precedents – Previous Alberta court decisions on similar cases
• Expert evidence – May be needed to establish fault percentages
• Settlement considerations – How fault affects negotiation strategies

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
• Evidence gathering – Time required to collect all necessary documentation
• Expert assessments – Time needed for medical and other expert reports
• Alberta-specific factors – Local court backlogs and procedures
• Case complexity – More complex cases take longer to resolve
• Alternative dispute resolution – May speed up the process
• Trial preparation – If case goes to court, additional time needed

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
• Alberta-specific rules – Provincial regulations on contingency fees
• Fee structure options – Different arrangements for different case types
• Expense handling – How costs are managed during the case
• Settlement impact – How fees affect final recovery amount
• Payment timing – When fees are due after resolution

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
• Alberta-specific programs – Local dispute resolution services
• Court-connected mediation – Available through Alberta courts
• Private mediation – Independent mediator options
• Cost considerations – Generally less expensive than trial
• Confidentiality benefits – Private resolution process

How do I prove my injuries?

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
• Alberta-specific requirements – Local court evidence rules
• Medical expert testimony – May be required for serious injuries
• Treatment history – Complete record of medical care
• Future care needs – Expert assessment of ongoing requirements
• Impact documentation – Evidence of how injuries affect daily life

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
• Alberta-specific programs – Local disability support services
• Workers’ Compensation – If injury occurred at work
• Employment insurance – Temporary financial support
• Vocational experts – Help with job retraining
• Future earning capacity – Compensation for reduced ability to work

How do I find a good lawyer?

Consider:

• Experience – Look for lawyers with specific slip and fall 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
• Alberta-specific knowledge – Familiarity with local courts and laws
• Case handling – Approach to similar cases
• Resources available – Access to experts and investigators
• Trial experience – Ability to take case to court if needed
• Local connections – Relationships with local medical providers

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
• Alberta-specific caps – Provincial limits on certain damages
• Case law guidance – Previous court decisions on similar cases
• Individual factors – Personal impact of the injury
• Future implications – Long-term effects considered

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
• Alberta-specific rates – Local cost of medical care and services
• Documentation requirements – Proof needed for each expense
• Future costs – Projected expenses included
• Tax implications – How damages are treated for tax purposes

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
• Alberta-specific definitions – Provincial criteria for catastrophic injuries
• Special compensation – Additional damages for severe injuries
• Long-term care needs – Extensive future medical requirements
• Life care planning – Comprehensive future care assessment
• Expert testimony – Specialized medical evidence required

How do I deal with insurance companies?

Important steps:

• Get legal advice – Consult a lawyer before speaking with 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 the policy
• Be cautious – Insurance companies may try to minimize your claim
• Get everything in writing – Avoid verbal agreements
• Alberta-specific practices – Local insurance claim procedures
• Policy requirements – Understand Alberta insurance regulations
• Claim deadlines – Know local time limits for filing claims
• Documentation standards – Follow Alberta evidence requirements

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
• Alberta-specific calculations – Local wage rates and employment data
• Expert evidence – Vocational and economic expert testimony
• Statistical analysis – Employment market projections
• Individual factors – Personal career trajectory considered
• Tax implications – How future income loss is treated

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
• Alberta-specific requirements – Local standards for medical reports
• Qualified experts – Must meet provincial criteria
• Comprehensive assessment – Detailed evaluation of all injuries
• Future projections – Long-term impact assessment
• Court acceptance – Must meet evidentiary standards