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Personal Injury Law in Calgary, Canada, caters to situations where an individual is physically or psychologically hurt caused by the negligence of another party. This includes injuries sustained in car accidents, medical malpractice, dog bites, and slip & fall accidents among others. The law allows victims to seek compensation from the liable party covering medical expenses, loss of earnings, and psychological distress.
If you're a victim of an accident that wasn't your fault, you'll need legal help to navigate the complexities of personal injury law. You may require a lawyer to help you understand your rights, evaluate the worth of your claim, and negotiate with insurance companies. Engaging a lawyer becomes especially essential when you have severe injuries, facing hefty medical bills, or the insurance company disputes your claim.
Calgary's personal injury law operates under the 'fault' system, meaning the party responsible for causing the accident pays for the damages. Also, Alberta’s Minor Injury Regulation caps the amount for pain and suffering for minor injuries at $5,365 (as of 2022). Furthermore, the limitation period to file a lawsuit is typically two years from the time of injury.
Most personal injury lawyers in Calgary work on a contingency basis. They only get paid if you recover compensation, typically about 20% to 40% of the settlement.
Yes, Alberta follows the contributory negligence rule, which permits you to claim compensation even if you were partially at fault. However, the compensation received might be reduced according to your degree of fault.
The duration of a personal injury claim can vary widely depending on the details of your case. It could take several months or even years to reach a settlement.
Immediately seek medical attention even if you feel fine. Document the accident scene, gather witness information, and report the accident to the police. Do not admit fault, instead, report the incident to your insurance company and consult a personal injury lawyer.
Common types of damages include medical bills, out-of-pocket expenses, loss of income, pain and suffering, and loss of enjoyment of life. In certain cases, you can also claim punitive damages.
The Alberta Civil Liberties Research Centre and Alberta Health Services offer resources and support services helpful to people seeking legal advice in personal injury cases. Likewise, the Law Society of Alberta provides an online lawyer referral service.
If you've been hurt and need legal assistance, begin by documenting your case including medical records and costs, photographs of the incident, and any eyewitness information. Consult with a personal injury lawyer who can guide you on your rights and the possible legal remedies available. Lastly, prepare yourself mentally for the possibly time-consuming and complex process that awaits you.
