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Key Steps to Filing a Personal Injury Claim in Alberta

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Posted: 8th October 2024 by
Lawyer Monthly
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Personal injury claims in Alberta involve seeking compensation for injuries caused by another person’s negligence. The compensation may be for the medical bills, lost income, and other expenses you may have incurred.

However, filing this type of claim can be difficult, as it involves collecting the necessary documentation and working with an Alberta attorney to negotiate a fair settlement. Keep reading if you have questions about the steps to follow.

1. Report the Accident

If you’ve suffered an injury in Alberta due to someone else’s negligence, report the incident. Whether it is a traffic or workplace accident, report it to relevant authorities like the police. If you can, complete a police report to ensure the facts are well documented.

If you’re pursuing a personal injury claim down the line, police reports come in handy. Proving the extent of injury can be challenging without a report, especially if you do not file your claim immediately.

2. Document Everything

Careful documentation is necessary when filing a personal injury claim in Alberta. Track your medical expenses, including bills from hospitals, clinics, therapists, and other healthcare providers. 

Record your treatment plans from healthcare specialists. These include surgeries, rehabilitation programs, and therapies for your recovery. Keep records of your medications and any other expenses like transportation costs and hired help you may have gotten.

3. Notify Relevant Parties

If you’ve suffered from a personal injury in Alberta, notify the relevant parties of the event. These may be the company, insurance provider, or other involved parties. If it is a workplace injury, inform your employer immediately. 

Be sure to notify other involved parties’ insurance providers. For instance, contact the faulty party’s insurer regarding injuries from traffic accidents. If you’ve suffered a personal injury on someone’s property, notify them.

4. Consult With a Personal Injury Lawyer

There are stringent time limits for filing personal injury claims in Alberta. You must consult a personal injury attorney as soon as possible. If you do not file a claim within two years of the accident, your right to a claim is gone.

Visit watchmakerlaw.com to schedule a free consultation with an experienced Alberta personal injury lawyer. Your lawyer will guide you through the investigation, collect evidence, and assess the degree of damages.

5. Negotiate a Fair Settlement

After assessing how much damage you suffered, your lawyer will negotiate fair compensation with the insurance company on your behalf. This compensation should effectively cover your medical expenses, lost wages, and discomfort.

Negotiations are usually challenging since insurers often refute claims depending on the type of personal injury. Eventually, if there is no settlement agreement, you will have to prepare for trial. A pretrial phase will involve discovery and depositions before the motions are filed.

6. Go to Trial

Personal injury cases in Alberta only go to trial if all other options fail and there is no settlement agreement. You’ll bring witnesses, evidence, and arguments to support your claims during trial. While most personal injury cases do not make it to trial, working with an experienced lawyer improves your odds significantly.

Endnote

Filing a personal injury claim in Alberta is a pretty straightforward process. It involves reporting the accident, properly documenting events, securing records, and informing concerned parties. Then, you must consult with a personal injury lawyer, negotiate the settlement, and go to trial if there is no deal.

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