How Do I Know If I Have an Injury Claim?
If you have been injured in an accident in Alberta and have suffered losses, you may be entitled to compensation.
The Key Questions to Assess if You Have a Valid Personal Injury Claim
You will need to discuss the precise circumstances of your accident and your resulting injuries with your lawyer. In particular, your lawyer will assess the following:
- Injury
- A Negligent Act
- Causation
- Duty of Care
- Financial Losses
1. Injury
Any personal injury case requires injuries to the claimant. The injuries need not be outwardly visible, nor must they be serious to an observer. For example, head injuries may not be outwardly visible, but can result in severe headaches, brain injuries or psychological injuries. In a personal injury claim, it is key to show that you have suffered injuries.
2. A Negligent Act
Negligence occurs if another party fails to meet the standard of care owed. For example, the standard of care owed by drivers is that of a reasonably prudent driver. A reasonably prudent driver would obey the rules of the road. Therefore, a driver who does not abide by traffic laws would have failed to meet the standard of care owed.
3. Causation
If you were at fault for your own injuries, you cannot file a personal injury lawsuit. However, you may be able to claim accident benefits from your own insurance company or through workers’ compensation. If another party, such as a driver, is responsible for your injuries, you can file a claim against them. Causation is the link between the injury and the negligent act. The claimant’s injury must be caused by the other party’s negligent act.
4. Duty of Care
A duty of care is a legal obligation imposed on an individual, requiring adherence to a reasonable standard of care while performing any acts that could foreseeably harm others. For instance, when operating a motor vehicle, all drivers owe a duty of care to other road users including passengers, pedestrians, and other drivers.
5. Financial Losses
To file a personal injury claim, you must be able to demonstrate that you have suffered financial losses as a direct result of your accident injuries. You may incur medical expenses, damage to property, and lost earnings. Moreover, depending on the severity and longevity of your injuries, you may experience lost earning capacity in the future or require ongoing care. You can claim for each of these potential losses.
Often, the defendant’s insurance company will deny that these injuries are a result of the accident. Therefore, you must be able to prove otherwise. It is critical to visit medical professionals after your accident and follow all medical advice and treatment. These medical professionals will keep detailed notes on your progress which will assist your personal injury lawyer in establishing that the injuries suffered were as a result of the accident.
In personal injury, the liable party must “make you whole” for the losses you have suffered – through financial compensation.
Will I Have to Go to Court?
When you file a personal injury claim against a negligent party, you are asking the court to intervene and make a judgement on whether you are entitled to compensation and, if so, how much.
However, most personal injury lawsuits never make it to trial as the insurance company settles before then. If you work with an experienced personal injury lawyer who is prepared to take the matter to trial, it puts pressure on the insurance company of the liable party to settle.
In most cases, therefore, you will not need to appear in court unless it is in your best interests to take the matter to trial.
Our Lawyers Can Evaluate Your Injury Claim
It is best practice to contact a personal injury lawyer soon after suffering an injury to determine whether you have a valid claim. Your lawyer will help to assess liability, the extent of your injuries, and any other losses you may have suffered to help you decide whether to pursue a claim. Personal injury lawyers generally work on a contingency basis. Therefore, no fees are paid to the lawyer unless your case is won! This also means that a lawyer will not take your case without a reasonable chance of success.
The experienced personal injury lawyers at Vogel LLP in Calgary can evaluate your injury claim and, if you decide to proceed, allow you to focus on recovering from your injuries, while we ensure you receive the maximum compensation possible. Book a free consultation and we will be happy to evaluate your case and answer your questions.