We see you are using Internet Explorer. Some functions of this site do not function properly with Internet Explorer. The site works best on updated browsers such as Edge, Chrome, and Firefox.

Personal Injury & Negligence

Lawyers for Serious Injury Claims and Motor Vehicle Accidents in Alberta

A serious injury is a life changing event for you and your family. If you become injured because of someone else’s negligence, our job is to ensure that you are properly compensated.

If you have been injured in an accident and feel like you are in unfamiliar waters, the following information should be helpful.

First Thing to Do After a Motor Vehicle Accident

If you are involved in a vehicle accident, the first thing you should do is notify the police and your insurance company. We have provided information about what to do at the scene of a vehicle accident here

If you have suffered another type of accident, contact us as soon as possible. We will guide you through the process of initiating a claim.

Lawyer to Deal with Insurance Companies

The statute of limitations is 2 years from the date that a reasonable person would realize he or she has a legitimate claim (but no longer than 10 years from the date of the accident). However, insurance companies are interested in reaching settlements quickly and as inexpensively as possible.

If you have issued a claim against an insured person or organization, you should expect to be contacted by an insurance company representative. You will be asked to provide information about your injury, its impact on your life and the progress of your recovery. The insurance company will seek to use this information to its advantage.

Assessing the Appropriate Amount of Compensation

Fundamentally, a negligent person (including a corporation) is obligated to put the claimant in the same position he or she would have been but for the negligent conduct, so far as is possible with money. Money awarded for this purpose is called “damages.”

Damages includes (i) compensation for loss of enjoyment of life and general pain and suffering; and (ii) compensation for financial loss resulting from loss of income, out of pocket expenses, loss of capacity to earn income in the future, etc. The court determines what the appropriate sum of damages are on a case-by-case basis, considering the circumstances facing each claimant.

An important part of our job is to assess the damages that we believe will be awarded. We do this by obtaining as much information as possible to allow us to learn about you, the severity of your injuries and the impact on your life. We then take this information and review comparable cases.

Is there a statute of limitations for making a personal injury claim?

The general rule in Alberta is that a personal injury claim must be brought within two years of the incident taking place. As an example, if you were involved in a motor vehicle accident on September 1, 2019, you would have until September 1, 2021 to bring a claim for any injuries arising from that accident. If you do not file your claim with the Courts within this two-year time frame, there is a good chance that you will be barred from pursuing your claim.

Although there are some exceptions to this two-year rule, they are very narrow and you should consult with a lawyer well in advance of your limitations date to ensure that you do not lose your ability to pursue a claim.

Your best option is generally not to wait until the last minute to sue, even if you are unsure of the extent of your injuries. You can always amend a claim or provide additional information regarding your injuries during the litigation process. But once the statute of limitation expires, you lose your chance to seek recovery. 

How long will my case take?

The legal process can move slowly and it is common for personal injury matters to take several years to be resolved. The timeframes and steps required in your matter will vary depending on several factors including how you were injured and the type and severity of your injuries.  

We at Carbert Waite work to ensure that your matter is resolved as soon as possible and provide you with realistic timelines for each step. We will work to try and find the fastest and most economic path to a resolution. That often includes gathering sufficient medical evidence to justify your injuries and gathering evidence to prove liability. We then present that evidence to the opposing party to push for a settlement. Throughout the litigation, we always try and take advantage of any opportunity to resolve your matter prior to trial, including through settlement, mediation, or summary judgment. 

Personal Injury Law Update: Dismissals for Long Delay (“Drop Dead Rule”)

The Alberta Rules of Court require a plaintiff in a civil lawsuit to advance an action towards trial. If a plaintiff does not “significantly advance” the action for three years, the Court must dismiss the action for “long delay” on application by the defendant. This is colloquially known as the “drop dead rule”.

Contact Us

CW-triangle
Carbert Waite LLP