Factors to Consider Before Choosing to Sue in a Personal Injury Matter in Alberta

Manroop Chatha

Following an accident, if you have suffered significant injuries or are facing challenges dealing with insurance companies, you may want to consult a personal injury lawyer to decide whether to bring a legal claim against an at-fault party for additional damages. When deciding whether to sue, consider the following:

1. What are your time limitations? In Canada, for certain personal injury claims, you have a short window of two years to bring a claim. The time limitations are different depending on who you are bringing a claim against. For example, claims against some Canadian municipalities need to be brought within six months. Sometimes it can be hard to decide whether you have a claim to bring. Speaking with a personal injury lawyer early can help inform your decision to bring a claim.
2. What is your insurance coverage? Insurance policies can be overwhelming to understand, jam-packed with legalese, and may leave you with more questions than answers. If you are struggling to obtain answers or need legal advice in understanding whether your claim is excluded from insurance coverage, consult a personal injury lawyer.
3. Assessing the value of your claim – It’s worth your time and effort to speak with a personal injury lawyer to understand what your claim may be worth. Whether you negotiate and settle your claim, or go through Court, you’ll want to know how much time and money you are investing in your claim. Some personal injury cases take years to settle because the extent of the person’s injuries is not well known. A medical recovery does not run parallel to the time limitations to bring a claim. Often, an injured person will not know how long the road to recovery will be. Consider the impact on your quality of life, ability to work, and your medical expenses. Alberta has a Minor Injury Regulation, which defines a minor injury and places a cap or limit on the amount of compensation for minor injuries. In other words, there are prescribed amounts recoverable under the Minor Injury Regulation depending on the type and extent of injury sustained.
4. Choosing a personal injury lawyer – The Plaintiff in a personal injury claim is often required to attend independent medical evaluations and Questioning of their claim. Choosing a lawyer that understands your claim and navigates the legal issues you face is essential because you will be relying on this person to explain the law to you as well as advocate for you. Maintaining regular communication with your legal team will assist in progressing your claim.
5. Staying organized
   1. Details of your injury – Your legal team will need to know the nature of your accident, the details of when and where it took place, whether you sought medical attention for your injuries, and how your injuries have impacted your day-to-day life. Your legal team can help assess whether there is any contributory negligence on the part of the injured party. In Alberta, if an injured party is found to be partially at fault, this may impact the amount of damages recoverable.
   2. Medical appointments – Keeping up with the barrage of appointments that follow from an injury can feel like a part-time job in itself. It’s important to stay organized to keep track of your upcoming medical appointments and provide updates to your legal team. Your legal team will need to know your medical prognosis and what out-of-pocket expenses you are incurring for treatments to substantiate your claim. Keeping this information up to date, with the names and contact information for treatment providers and your receipts, is important for your personal injury team.
6. Negotiating settlement – Not all personal injury claims go to trial. Your legal team will develop a legal strategy, prepare for negotiations, and advance your claim. To understand whether an offer to settle your claim is worth accepting, your legal team can advise on the strengths of your case and advise whether a settlement offer is fair. Your legal team will be transparent about the benefits and risks of litigating your matter and outline possible outcomes to you. Ultimately, the choice of whether to accept a settlement or not will be up to you.

A successful personal injury claim can result in financial compensation to cover medical expenses, the cost of rehabilitation, lost wages, property damage, and other expenses. Pursing a claim may provide you the ability to access medical treatment and rehabilitation therapies you may not otherwise have been able to afford. Remember, every personal injury case is unique, so consulting a personal injury lawyer who can provide legal advice based on the details of your case will help you in obtaining the best settlement possible. Contact our experienced team of personal injury lawyers today to discuss your matter.