The Fundamentals of Personal Injury Law in Alberta

When unfortunate events like accidents occur and cause injuries, navigating the legal landscape can be stressful. This is a complete guide to knowing the fundamentals of personal injury law in Alberta. It doesn’t matter if you were hurt in a car accident, a slip-and-fall incident, or any other unfortunate event. It is imperative that you are aware of your rights and obligations in order to guarantee that you will receive the compensation that is rightfully yours.

1. What is Personal Injury Law?

The area of law known as personal injury law in Canada covers a broad spectrum of situations where an individual has been harmed as a result of the negligent act of a third party. This can include injuries sustained as a result of automobile accidents, slip and fall accidents, faulty products, incidents that occurred on the job, and many other incidents.

2. Establishing Negligence

It is necessary for you or your personal injury lawyer to demonstrate that the other party owed you a duty of care, they breached that duty, and caused your injuries as a result of the breach in order for your personal injury claim to be successful. This requires showing that the guilty party’s actions were below the standard of what a reasonable person would have done in the same situation. Once negligence is established, if this proceeds to trial the King’s Bench Court of Alberta will assess the damages that the injured party sustained.

3. What if I am Partially at Fault

The Contributory Negligence Act, RSA 2000 c C-27 governs the degree of fault for each person involved in the incident. You may still be eligible for compensation in the event of an accident, even if you were partially responsible for the incident. However, the amount of damages that are awarded to you will be reduced based on the degree to which you were at fault.

4. The Different Kinds of Damages

Pecuniary and non-pecuniary damages are the two primary types of compensation that can be granted in situations involving personal injuries in Canada. The term “pecuniary damages” refers to losses that can be quantified, such as medical costs, lost wages, and damage to property. Non pecuniary damages compensate the claimant for intangible losses such as pain and suffering, mental anguish, and the loss of amenities such as how the injuries have affected the claimant’s ability to complete their daily living activities.

5. The Time Limit on Claims

The Limitations Act, RSA 2000 c L-12 in Alberta governs how long you have before your claim is statute barred. The Limitations Act states you have 2 years from the date the claimant knew or ought have known that they were injured. You should always consult with an experienced personal injury lawyer when it comes to dealing with the Limitations Act. If you miss the 2 year deadline, it is possible that you could lose the right to claim compensation for your injuries and losses.

6. Settling vs. Taking the Case to Court

The majority of personal injury claims are handled out of court through settlement or mediation. Your personal injury lawyer will try to negotiate a fair settlement with the insurance company representing the party who was liable for the accident. In the event that you are unable to come to achieve a fair settlement that is satisfactory, your case will proceed to a mediation or a judicial dispute resolution where a Judge attempts to resolve the matter between the parties. If this fails, the next step would be to go to trial.

If you or a loved one has been hurt as a result of the carelessness of another person, retaining legal counsel is the first step in ensuring that your legal rights are protected. The skilled members of our team are available to walk you through each step of the legal process. Get in touch with us to set up an appointment for a free consultation.